BACKGROUND:
These Terms of Sale set out the terms under which Goods are sold and provided by Us to business customers through this website, campbellcoffee.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”
Means a contract for the purchase and sale of Goods, as explained in Clause 7;
“Data Protection Legislation”
Means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;]
“Order”
Means your order for the Goods
“Order Confirmation”
Means Our acceptance and confirmation of your Order;
“Order Number”
Means the reference number for your Order;
“Goods”
Means the goods which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and
“We/Us/Our”
Means Campbell of Inveraray Ltd, a company registered in Scotland under SC 558249, whose registered address is 15 Main Street East, Inveraray, PA32 8TP and whose main trading address is the same.
Information About Us
Our Site, campbellcoffee.com, is owned and operated by Campbell of Inveraray Ltd, a limited company registered in Scotland under SC 558249, whose registered address is 15 Main Street East and whose main trading address is 15 Main Street East. Our VAT number is 264581584.
Access to and Use of Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Business Customers and Consumers
These Terms of Sale apply to business and individual customers.
These Terms of Sale, together with any other terms [and, where applicable, Data Processing Agreements] referenced herein that are applicable to the Goods ordered, constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Goods, Pricing and Availability
We make all reasonable efforts to ensure that all general descriptions of the Goods available from Us correspond to the actual Goods that will be provided to you, however please note that the exact nature of the Goods may vary depending upon your individual requirements and circumstances.
Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Goods, not to different Goods altogether.
We neither represent nor warrant that all Goods will be available at all times and cannot necessarily confirm availability until confirming your Order. [Availability indications are [not] provided on Our Site [however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site].
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated. Changes in price will not affect any Order that you have already placed (please note sub-Clause 5.7 regarding VAT, however).
All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of the same in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
Prices on Our Site are shown inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Orders – How Contracts Are Formed
Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
Order Confirmations shall contain the following information:
Your Order Number;
Confirmation of the Goods ordered.
Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
We can also provide a paper copy of the Order Confirmation on request
If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
We may cancel your Order at any time before We begin providing the Goods in the following circumstances:
The required personnel and/or required materials necessary for the provision of the Goods are not available; or
An event outside of Our control continues for more than 14 days (please refer to Clause 14 for events outside of Our control).
If We cancel your Order under sub-Clause 6.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days. If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.
Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
Payment
Payment for the Goods [will be due in the form of an advance payment of 100% of the total price for the Goods. Your chosen payment method will be charged as indicated.
All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
We accept the following methods of payment on Our Site:
Credit Card;
Debit Card;
Provision of the Goods
We will make every reasonable effort to provide the Goods in a timely manner [and to complete them on time]. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 14 for events outside of Our control.
Any and all personal data processed by Us (as a data processor) on your behalf (as a data controller) in the course of providing the Goods shall be processed in accordance with the terms of a separate Data Processing Agreement between Us and you, as per the requirements of the Data Protection Legislation.
If We require any information or action from you in order to provide the Goods We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Goods you have ordered, We may require information.
In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 8.5, We may suspend the Goods (and will inform you of that suspension by email).
In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Goods to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Goods.
If the Services are suspended or interrupted under sub-Clauses 9.7, or 9.8 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
If you do not pay Us for the Services as required by Clause 8, We may suspend the Goods until you have paid any and all outstanding sums due. If this happens, We will inform you by email. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 8.4.
We always use reasonable endeavours to ensure that Our Goods are trouble-free. If, however, there is a problem with the Goods please contact Us as soon as is reasonable possible via email – info@campbellcoffee.com
We will use reasonable endeavours to remedy problems with the Goods as quickly as is reasonably possible and practical. [In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours to remedy problems within 24 hours.]
We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, [or] any of Our agents or sub-contractors[, or where nobody is at fault]. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.6 will apply and We may charge you for the remedial work.
Cancelling the Services
Cancellation of Goods shall be subject to the specific terms governing the Goods in question and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be provided and confirmed in Our Order Confirmation.
If you wish to cancel under this Clause 9, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site campbellcoffee.com and will include [a link to] it with the Order Confirmation. If you would prefer to contact Us directly, please use the following details:
Telephone: 01499 302198;
Email: info@campbellcoffee.com;
Post: Main Street West, Inveraray, PA32 8TP;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
[We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.]
Eligibility for refunds may vary according to the Goods ordered. You will be required to pay for Goods supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums. Details of the relevant terms will be provided and confirmed in Our Order Confirmation.
Refunds under this Clause 9 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
Ending the Contract Because of Something We Have Done (or Will Do)
You may end the Contract immediately at any time by giving Us written notice in the following circumstances:
We breach the Contract in a material way and fail to remedy the breach within 28 days of you asking Us to do so in writing;
We go into liquidation or have a receiver or administrator appointed over Our assets;
We change these Terms of Sale to your material disadvantage;
We are adversely affected by an event outside of Our control [that continues for more than 14 days (as under sub-Clause 14.2.5).
[We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services and goods in the future, however please note that you are under no obligation to provide any details if you do not wish to.]
Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums. Details of the relevant terms will be provided and confirmed in Our Order Confirmation. [If you are cancelling due to Our breach under sub-Clause 11.1.1, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).]
Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
Our Rights to Cancel
For cancellations before We begin providing the Services, please refer to sub-Clause 7.8.
We may cancel the Contract after We have begun providing the Goods due to an Event outside of Our control [that continues for more than 28 days (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, [you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums] OR [no payment will be due from you and if you have already made any payment to Us, such sums will be refunded to you].
Once We have begun providing the Goods may cancel the Contract at any time and will give you at least 28 days written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
We may cancel immediately by giving you written notice in the following circumstances. You will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums:
You fail to make a payment by the due date as set out in Clause 8. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.4; or
You breach the contract in a material way and fail to remedy the breach within 28 days of Us asking you to do so in writing.
Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, coffee roaster failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
If the event outside of Our control continues for more than 28 days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
If an event outside of Our control occurs [and continues for more than 28 days] and you wish to cancel the Contract as a result, you may do so in any way you wish. In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
Communication and Contact Details
If you wish to contact Us with general questions or complaints, you may contact Us by email at info@campbellcoffee.com, or by post at 15 Main Street East, Inveraray, PA32 8TU.
For matters relating to Our Goods or your Order, please contact Us by by email at info@campbellcoffee.com.
Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to give Us feedback about any aspect of your dealings with Us, please contact Us in one of the following ways:
[By email, addressed to Victoria or Cat at info@campbellcoffee.com;]
[Using Our complaints form, following the instructions included with the form;]
How We Use Your Personal Information (Data Protection)
All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy].
[Please also refer to sub-Clause 9.4, with reference to specific Data Processing Agreements, where the Services will entail Us processing personal data on your behalf.]
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least FORMTEXT 28 days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 11.1.3.
Law and Jurisdiction
These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.