WEBSITE TERMS AND CONDITIONS OF USE

There are three separate sets of Terms and Conditions that relate to www.baxters.com, and your use of the website:

General Terms and Conditions -- relate to your general use of the website.
Terms and Conditions for the Sale of Goods Online -- specific terms that are relevant when you make a purchase through the site. You should read and agree to these before making a purchase on this site.
Privacy Policy -- details about how we use any information that we collect about you.

TERMS AND CONDITIONS

Our VAT registration number is 498226603.

This website (the "Site") is provided by Baxters Food Group Limited having its registered office at Fochabers, Moray IV32 7LD ("we" or "us"). Use of the Site is governed by these terms and conditions (the "Terms and Conditions"). Please read them now. If you are not willing to accept these Terms and Conditions you may not use the Site.

The Terms and Conditions should be read in conjunction with our Terms and Conditions for the Sale of Goods Online .

Any breach of the Terms and Conditions may, at our sole discretion, result in your rights to access the Site being suspended or removed.

Disclaimer

The Site and its contents are for general information only and are provided "as is" and on an "as available" basis. Nothing on the Site is, or shall be deemed to constitute advice or any form of recommendation. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms. Specifically, we make no warranties, representations or undertakings about:

any of the content of the Site (including, without limitation, any as to the quality, accuracy, currency, completeness or fitness for any particular purpose of such content); or
any content of any other third party website referred to or accessed by hypertext link through the Site.

We make no guarantees that the Site is free from so called computer viruses. It is strongly recommended that you check for such viruses before downloading the Site or any of its contents.

You may view or download any part of the Site for private purposes, but you are not permitted, without our permission, to:

store the Site, or any part of the Site, for any other purpose;
print copies of the Site, or any part of the Site, for any other purpose;
reproduce, copy or transmit the Site, or any part of the Site, in any way, for any other purpose or in any other medium.

All other rights which are not specifically granted are reserved.

Service Access

While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Privacy Policy

Please read our Privacy Policy for details of how we use information about you.

Changes

We reserve the right to amend or replace the Terms and Conditions at any time. If we make any substantial changes we will notify you by posting a prominent notice on our Site.

Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the Laws of Scotland and any disputes that may arise will be subject to the exclusive jurisdiction of the Scottish courts.

Enquiries

For all enquiries please contact Baxters Food Group Limited at Fochabers, Moray IV32 7LD or via the email address hampers@baxters.co.uk.

TERMS AND CONDITIONS FOR THE SALE OF GOODS ONLINE

1. INTRODUCTION

Baxters Food Group Limited, a company incorporated under the Companies Act with registered number SC023572 and having its registered office at Fochabers, Moray IV32 7LD ("we" or "us") supply the goods listed on our website www.baxters.com ("Goods") on the following terms and conditions. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.

2 APPLICATION OF TERMS

Unless otherwise agreed in writing, these conditions are the only conditions upon which we are prepared to supply the Goods to you. These Conditions shall constitute the whole agreement between us and shall govern the contract between us ("Contract") to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).

3 SERVICE AVAILABILITY

Our site is only intended for use by people resident in the UK and mainland Europe. We do not accept orders from individuals outside the UK and mainland Europe. However, for enquiries outside the UK or mainland Europe, please contact hampers@baxters.co.uk for further information.

4 YOUR STATUS

By placing an order through our site, you warrant that:
1. you are legally capable of entering into binding contracts;
2. you are at least 18 years old;
3. you are resident in the UK or mainland Europe; and
4. you are accessing our site from the UK or mainland Europe.

5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, there will be a page on our website that will acknowledge your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that order ("Order Confirmation"). The Contract will only be formed when we send you the Order Confirmation.
The Contract will relate only to those Goods we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the order of such Goods has been confirmed in a separate Order Confirmation.

6 CONSUMER RIGHTS

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in paragraph 11 below).
To cancel a Contract, you must inform us in writing and return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk.
The rights outlined in clauses 6.1 and 6.2, however, do not apply to the supply of food, beverages, or other goods intended for everyday consumption.

7 AVAILABILITY AND DELIVERY

Please allow 8 - 10 working days for your order to be delivered.

8 NON-DELIVERY

The quantity of any consignment of Goods as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless written notice is given to us within 5 days of the date when the Goods would, in the ordinary course of events, have been received.
Any liability we have for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

9 RISK AND TITLE

The Goods will be at your risk from the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.

10 PRICE AND PAYMENT

The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Goods must be by credit or debit card. We accept payment with Visa, MasterCard or Switch. We will charge your credit or debit card as soon as we receive your order.

11 OUR REFUNDS POLICY

When you return Goods to us (for instance, because you have cancelled the Contract between us in accordance with condition 6 or because you claim that the Goods are defective), we will examine the returned Goods and will notify you of any refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Goods.
Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Goods returned by you within the seven-day cooling-off period (see paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

12 WARRANTY

Except as expressly stated in the Contract all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

13 OUR LIABILITY

We warrant to you that any Goods purchased from us through our site are of satisfactory quality.
Neither party excludes or limits its liability to the other party for death or personal injury caused by any negligent act or omission, or wilful misconduct or breach of duty of such party.
We shall, in no circumstances, be liable to you in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
1. indirect or consequential loss or damage;
2. loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
3. loss which could have been avoided by you through reasonable conduct.
In the event that, notwithstanding any of these Conditions, we are found liable to you, such liability for actual damages for any cause whatsoever shall be limited to the price paid by you to us in relation to provision of the Goods.

14 TERMINATION

We may terminate the Contract with immediate written notice if you fail to pay the price in accordance with condition 10.
Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Goods provided up until the date of termination.

15 IMPORT DUTY

If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

16 WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17 NOTICES

All notices given by you to us must be given to Baxters Food Group Limited at Fochabers, Moray IV32 7LD or via the email address hampers@baxters.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18 ASSIGNATION

We may at any time assign the Contract or any of our rights or obligations under it.
You shall not, and shall not purport to assign or otherwise transfer the Contract or any rights or obligations under it without our prior written consent.

19 EVENTS OUTSIDE OUR CONTROL / FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in carrying on our business by acts, events, omissions or accidents beyond our reasonable control including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for 30 days, you shall be entitled to give notice in writing to us to terminate the Contract
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20 WAIVER

The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

21 SEVERABILITY

If and in so far as any part or provision of these Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect.

22 ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

23 VARIATION

We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

24 GOVERNING LAW

The Contract shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

PRIVACY POLICY

Baxters Food Group Limited which has its registered office at Fochabers, Moray IV32 7LD ("we" or "us") is committed to preserving your privacy. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering on this website (the "Site") you consent to the collection, storage, use and transfer of your information under the terms of this policy.

Information That We Collect From You

We collect information about you:

when you register with us, request services or otherwise provide us with your personal details (such as your name, contact details, e-mail address etc); and
from your usage of the Site and any other information you post on the Site, e-mail or otherwise send to us.

Use Of Your Information

We use your information:

to enable us to supply you with the goods, services and information which you have requested;
to analyse the information we collect so that we can administer, support and improve and develop our business and the services we offer;
to contact you in order to send you details of our goods and services which may be of interest to you
to provide you with access to certain parts of our Site;
for all other purposes consistent with the proper performance of our operations and business.
to contact you for your views on our products and services.

We may contact you by post, telephone or e-mail. If you change your mind about being contacted in the future by any of these means then please let us know.

Disclosure Of Your Information

The information you provide to us will be treated as confidential. However, we may disclose your information to other third parties who act for us for the purposes set out in the policy or for purposes approved by you.

In addition, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

Cookies

A "cookie" is a small text file that is stored with your web browser application. It is used to remember information about your use of this website.

We use this information to track your movements through our Site, to find out how it is being used and to assess its usefulness. Personal information about you is not collected during the tracking process.

We use persistent cookies if you have registered with us on-line. These cookies allow us to make the logging-in process easier and more secure. They will also be used to recognise you when you return to the Site. We also use session cookies that will hold your data on our Site until such time as you logout.

You can disable the cookies that we attach if your browser supports this. For further information on how to do this, please refer to www.allaboutcookies.org. However, you should bear in mind that if you exercise this option, you may be unable to use some of our on-line services.

Third Party Websites

Please be aware that we do not control any websites operated by third parties that we refer to on our website ("Third Party Websites") and that such Third Party Websites may send their own cookies to users, or otherwise collect data or solicit personal information. We assume no responsibility for the information gathering practices of Third Party Websites, and we encourage you to review each Third Party Website's privacy policy before disclosing any personally identifiable information.

Security

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage.

Please help us keep our records updated by informing us of any changes to your e-mail address and other contact details.

Changes To Our Privacy Policy

We may amend this policy from time to time. If we make any substantial changes we will notify you by posting a prominent notice on our Site.

Your Rights

You have the right to ask for a copy of the information held by us in our records in return for which we may charge a small fee. You also have the right to require us to correct any inaccuracies in your information.

Contact Us

If you have any queries concerning your personal information or any questions on our use of the information then please contact Baxters Food Gropu at Fochabers, Moray IV32 7LD or via the email address hampers@baxters.co.uk.