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Online terms
and conditions between a business and consumer
These terms and conditions form the basis on
which you can visit us and our website. Please read them carefully as they contain important
information.
General terms and
conditions
This site is owned and operated by The
American BBQ Company (Europe) Limited t/a The American BBQ Company of Unit 15, Maylands Business
Centre, Redbourn Road, Hemel Hempstead, Herts HP2 7ES. If you have any queries about these terms
and conditions, or if you have any comments or complaints on or about our website, please contact
us at tandc@americanbbq.co.uk or 0845 230 1963.
1.
The contract between us
We must receive payment of the whole of the
price for the goods that you order before your order can be accepted. Once payment has been
received by us we will confirm that your order has been accepted by sending an email to you at the
email address you provided. Our acceptance of your order brings into existence a legally binding
contract between us.
2. Ownership of
rights
All rights, including copyright, in this
website are owned by or licensed to The American BBQ Company. Any use of this website
or its contents, including copying or storing it or them in whole or part, other than for your own
personal, non commercial use, is prohibited without our permission. You may not modify, distribute
or repost anything on this website for any purpose.
3. Accuracy of content
We have taken care in the preparation of the
content of this website, in particular to ensure that prices quoted are correct at the time of
publishing and that all goods have been fairly described. However, orders will only be accepted if
there are no material errors in the description of the goods or their prices as advertised on this
website. Any weights, dimensions and capacities given about the goods are approximate
only.
4. Damage to your
computer
We try to ensure that this website is free
from viruses or defects. However, we cannot guarantee that your use of this website or any websites
accessible through it will not cause damage to your computer. It is your responsibility to ensure
that the right equipment is available to use the website. Except in the case of negligence on our
part, we will not be liable to any person for any loss or damage which may arise to computer
equipment as a result of using this website.
5. Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not
available from stock, we will contact you by e-mail or phone (if you have given us details). You
will have the option either to wait until the item is available from stock or to cancel your
order.
6. Ordering
errors
You
are able to correct errors on any online order up to the point on which you click on “submit”
during the ordering process.
7.
Price
The prices
payable for goods that you order are as set out in our website. Unless stated
otherwise, all prices are inclusive of VAT at the current rates and are correct at the time of
entering information.
Wherever it
is not possible to accept your order to buy goods of the specification and description at the
price indicated, we will advise you by email, offer to sell you the goods of the specification
and description at the price stated in the email and will state the period for which the offer
or the price remains valid.
8. Payment terms
8.1 We will
charge your credit or debit account for payment upon receipt of your order unless delivery cannot
be fulfilled within 30 days save for goods built to order or for goods for which you were informed
of a longer fulfilment period prior to you placing your order. Cleared funds in full are required
for all other methods of payment. We accept no liability if a delivery is delayed because you did
not give us the correct payment details. If it is not possible to obtain full payment for the goods
from your account then we can cancel the contract and or suspend any further deliveries to you.
This does not affect any other rights we may have.
8.2 We
reserve the right to require a non-returnable deposit in respect of goods built to order or for
goods shipped from or to a non-UK address in the fulfilment of your order.
9. Delivery charges
Delivery
charges vary according to the type of goods ordered.
10. Delivery
10.1 Our delivery
charges are set out on the relevant product pages in our website.
10.2 You will be
required to pay extra for delivery to locations without reasonable means of access. You will notify
us of any reason why reasonable access to the delivery address cannot be gained and agree to pay us
any additional costs incurred by us should you fail to do. It might not be possible for us to
deliver to some locations.
10.3 We will
deliver the goods to the address you specify for delivery in your order. It is important that this
address is accurate. Please be precise about where you would like the goods left if you are out
when we deliver. We cannot accept any liability for any loss or damage to the goods once they have
been delivered in accordance with your delivery instructions (unless this is caused by our
negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times
are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the
delivery date will be extended by a reasonable period and we will contact you to arrange an
alternative time.
10.4 You will
become the owner of the goods you have ordered when they have been delivered to you. Once goods
have been delivered to you they will be held at your own risk and we will not be liable for their
loss or destruction.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you,
or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will
only own the goods once they have been successfully delivered and when we have received cleared
payment in full. Goods supplied are not for resale.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address telephone number and we will
notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to
confirm details. An acceptance of your order will take place on despatch of the good(s)
ordered.
13. Cancellation rights
13.1 Under the
Distance Selling Regulations you have the legal right to cancel your order within seven days of
receipt of your goods (with the exception of any made to order items; all products manufactured by
Cookshack, Inc. are made to order unless stated otherwise). You do not need to give us any reason
for cancelling your contract nor will you have to pay any penalty. However, you will need to notify
us if you wish to cancel your contract.
13.2 If you have
received the goods before you cancel your contract then you must send the goods back to our contact
address at your own cost and risk. If you cancel your contract but we have already processed the
goods for delivery you must not unpack the goods when they are received by you and you must send
the goods back to us at our contact address at your own cost and risk as soon as possible.
13.3 Once you have
notified us that you are cancelling your contract, any sum debited to us from your credit card will
be re-credited to your account as soon as possible and in any event within 30 days of your order
PROVIDED THAT the goods in question are returned by you and received by us in the condition they
were in when delivered to you. If you do not return the goods delivered to you or do not pay the
costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the
amount to be re-credited to you.
13.4 You will be
re-credited for the costs incurred in returning faulty or unsatisfactory goods.
14. Cancellation
by us
14.1 We reserve the
right to cancel the contract between us if:
14.1.1 we have insufficient stock to
deliver the goods you have ordered;
14.1.2 we do not deliver to your
area; or
14.1.3 one or more of the goods you
ordered was listed at an incorrect price due to a typographical error or an error in the pricing
information received by us from our suppliers.
14.2 If we do
cancel your contract we will notify you by e-mail and will re-credit to your account any sum
deducted by us from your credit card as soon as possible but in any event within 30 days of your
order.
15. Liability
15.1 If you do not
receive goods ordered by you within 30 days of the date on which you ordered them, we will have no
liability to you unless you notify us in writing at our contact address of the problem within 60
days of the date on which you ordered the goods (unless this is not reasonably
practicable). If you notify a problem to us under this condition, our only
obligation will be, at your option:
15.1.1 to make good any shortage or
non-delivery;
15.1.2 to replace or repair any goods
that are damaged or defective; or
15.1.3 to refund to you the amount
paid by you for the goods in question in whatever way we choose.
15.2 Both parties
shall only be liable under this contract for losses, which are a reasonably foreseeable consequence
of the relevant breach of contract.
15.3 You must
observe and comply with all applicable regulations and legislation, including obtaining all
necessary customs, import or other permits to purchase goods from our site. The
importation or exportation of certain of our goods to you may be prohibited by certain national
laws. We make no representation and accept no liability in respect of the export
or import of the goods you purchase.
15.4
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any
rights you might have as a consumer under applicable local law or other statutory rights that may
not be excluded nor in any way to exclude or limit our liability to you for any death or personal
injury resulting from our negligence.
15.5 Except for
death or personal injury caused by our negligent acts or omissions we shall only be liable for any
loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
15.6. You will be
responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as
a result of your breach or default in the discharge of your obligations.
15.7 Nothing in
this Agreement shall exclude or limit the Company’s liability for death or personal injury
resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
16. Warranty
Where stated in the relevant specification
or description, a parts-only warranty will apply from the date of delivery for a period of either
12 or 24 months. The warranty will be invalidated if the goods are not used or maintained in a
manner specified in the manufacturer’s user manual or in any other instructions or advice provided
by the manufacturer or us. No other published or implied warranties, guarantees, promotions or
offers will apply.
17.
Notices
Unless otherwise expressly stated in these
terms and conditions, all notices from you to us must be in writing and sent to our contact address
at 15, Maylands Business Centre, Redbourn Road, Hemel Hempstead, Herts HP2 7ES and all notices from
us to you will be displayed on our website from to time.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you
should look through them as often as possible.
19. Law, jurisdiction and language
This
website, any content contained therein and any contract brought into being as a result of usage
of this website are governed by and construed in accordance with English law. Parties to any
such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.
All contracts are concluded in English.
20.
Invalidity
If any part of these terms and conditions is
unenforceable (including any provision in which we exclude our liability to you) the enforceability
of any other part of these conditions will not be affected.
21. Privacy
You acknowledge and agree to be bound by the
terms of our privacy policy.
22.
Third party rights
Nothing in this Agreement is intended to,
nor shall it confer any rights on a third party.
23. Data Protection
You consent to the computer storage and
processing of your personal data by us in connection with this Agreement and to the transmission of
this data across the company and its business partners for the purposes of our legitimate interests
including statistical analysis, marketing of our services and credit control. If you breach this
Agreement, your personal data may be disclosed or passed to third parties to the extent necessary
to assist recovery procedures.
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