Terms and Conditions Relating to Your Use of The Good Cook Shop Website

Welcome to The Good Cook Shop.com website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail.

Nothing in these terms and conditions affects your statutory rights.

1. Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to the personal information by using the update details facility under account management.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

2. Privacy

We will treat all your personal information as confidential and will not disclose it to third parties other than if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities.

When you create a shopping account while ordering online you will be given the option to receive information from The Good Cook Shop Ltd by post or e-mail about products, promotions or special offers which we feel may be of interest to you. If you later change your mind, please contact us be email and we will remove you from our mailing list.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website.

3. Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the website using your shopping account and/or your personal information.

We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

4. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You may view and update your personal information through the my account facility on the website.

5. Access to The Good Cook Shop.com

The Good Cook Shop Ltd grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However this cannot be guaranteed.

The Good Cook Shop Ltd reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

You understand that you, and not The Good Cook Shop Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

6. Copyright and database rights

The compilation of all content on this website is the exclusive property of The Good Cook Shop Ltd. and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of The Good Cook Shop Ltd or our software suppliers and is protected by United Kingdom and international copyright laws.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

7. Contract of Sale

When you place an order to purchase a product from The Good Cook Shop Ltd, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have despatched that product to you. That acceptance will be complete at the time we send the Despatch Confirmation E-mail to you. If an order is made up of more than one product, the contract shall apply to each product in isolation. We will take payment for the order at the time it is despatched.

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the Products. It is not possible to cancel any orders for food once they have been despatched.

If you would like to cancel an order prior to despatch please contact us through the my account section of the website.

8. Payment

We accept payment by Switch, Solo, Visa, Mastercard, and Delta. Payment may also be made by cheque, please contact us for details. All card payments are processed on our behalf by Barclay Merchant Services (BMS). In order to complete the checkout process, you will be transferred to the BMS site to enter your details. Payment will only be taken when the order is despatched.

To be eligible to purchase products on this website and lawfully enter into a contract of sale the following conditions must be met:

• You must be over eighteen years old.
• The credit or debit card that is being used must be yours.
• All the details provided by you to us as part of registration are all correct.
• Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

9. Gift vouchers

On line gift vouchers may be purchased for any value between £5 and £100.

Gift vouchers cannot be used to purchase gift vouchers.

The voucher consists of a unique code which may be entered at the checkout as part of the payment process.

If the value of the voucher exceeds that of the transaction, a new voucher in the same name will be automatically issued to cover the difference.

Each voucher code is unique and may only be used once. When sending the code to another person, please take care to ensure that only the intended recipient receives it. The Good Cook Shop cannot be held responsible for any losses resulting from the fraudulent use of a gift voucher.

When buying a gift voucher you will be asked for the name of the intended recipient. The voucher may only be redeemed by the named person.

If a product purchased with a gift voucher is subsequently returned in accordance with the returns policy, any refund will be in the form of a gift voucher.

The Good Cook Shop Ltd reserves the right to cancel a gift voucher at any time and without notice. If this happens, the purchaser will be refunded the full value of voucher.

10. Returns Policy

None of these terms affect your statutory rights.

On receipt of your order please examine the condition of the goods and packaging. Please inform us immediately should either be damaged.

If you have reason to return an item to us, we will be happy to refund or replace it in accordance with the following terms and conditions.

The returns section of the website is to be found under ?your account’.

Cancellations

If for any reason you decide to cancel an order please first check the current orders and completed orders sections of the website to see if the order has been despatched. If the order has not been despatched, it may be cancelled at no cost to you. If the order has been despatched, we cannot stop it, but when it arrives with you, you are free to return it in accordance with the procedures below.

Unused Faulty goods

If the goods we have sent you are faulty when you receive them, you are entitled to an exchange or a full refund.

Before returning goods please inform us through the returns section of the website, you will have the opportunity to indicate whether you would prefer a refund or an exchange.

On receipt, we will examine the goods. If we agree that the goods are faulty we will refund the original delivery charge and the cost of returning them to us.

Faults in goods which have been used

In the event that an item develops a fault during use there may be a number of options available to remedy the situation, including repair or replacement directly from the manufacturer.

Please contact us in the first instance with full details of the fault. We will then contact you to let you know what we can do to solve the problem.

Please do not return the goods without first contacting us, as some manufacturers will collect directly from you for repairs.

Unsuitable goods

You may return any goods purchased from us for a refund (excluding original delivery charge) subject to the following conditions:

• You have requested to return the goods through the returns section of the website
• The item is returned to us within seven working days of receipt.
• The item is unused.
• The item is undamaged.
• The packaging, including all documentation is complete and undamaged.

On receipt, all returned goods will be examined. We reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale. If this is necessary, we will contact you before crediting your card. Ordinarily your card will be credited within seven working days.

If unsuitable goods are returned for a credit you must cover the cost of postage.

11. Pricing

All prices shown include VAT (Value Added Tax) at the applicable rate.

We endeavour to keep all displayed prices up to date, but occasionally an incorrect price may be displayed. All prices are checked prior to despatch, in the event that an incorrect price has been displayed. We will take the following steps:

• If the actual price is lower than the displayed one, we will refund the difference to you.
• If the actual price is higher than the one displayed, we will contact you, and offer you the option of paying the difference or cancelling the order and receiving a full refund.

12. Availability

We endeavour to maintain stocks of all items displayed on the website, however we cannot guarantee to have stocks of all items at all times. If an item is out of stock when your order is received and we will not be able to deliver to you within the normal timescales as detailed in the delivery section, we will contact you by email to:

• Inform you of the delay.
• If possible give an estimate of when stocks will be received.
• Give you the option to cancel the order without charge.

On rare occasions a product may be unavailable for extended periods due to circumstances beyond our control, such as manufacturing or distribution problems with our supplier. In this situation, we reserve the right to cancel the order.

13. Delivery

You may select Standard or Priority delivery. All packaging and delivery prices include VAT. In the unlikely event that an order is split, you will still only be charged one delivery charge. All orders are sent recorded mail and require a signature upon delivery.

Standard

The standard packaging and delivery charge to anywhere in mainland UK is £3.95 per order. Delivery will normally occur within 5 working days (subject to stock availability).

Priority Delivery (Usually Next Working Day)

The Priority packaging and delivery charge to anywhere in mainland UK is £6.99 per order. Delivery will usually take place on the next working day.

The Priority Delivery option is offered subject to stock availability. Before placing a Priority Delivery order, we recommend contacting us to confirm that the stock is available for despatch.

Subject to stock availability Priority orders received by 2.00pm Monday to Friday will be despatched that day. Any Priority order received after 2.00pm will be despatched on the next working day. Orders received on Saturday, Sunday or a public holiday will be despatched on the next working day.

Delivery for the majority of mainland UK will occur on the next working day. For some outlying areas, deliveries may take up to three days, please contact us  for conformation.

Please note during busy times such as the Christmas period, our carriers may not be able to achieve 'next day delivery'. We cannot be held liable for any consequences resulting from late delivery of any order.

A 'Working Day' is defined as Monday to Friday, excluding public holidays.

Free Delivery

Free standard UK delivery is available on all orders over £30. Priority delivery is always charged at the stated rate.

International Delivery

Due to the increased risk of fraud we do not accept international orders.

Availability

We endeavour to maintain stocks of all items displayed on the website, however we cannot guarantee to have stocks of all items at all times. If an item is out of stock when your order is received and we will not be able to deliver to you within the normal timescales. we will contact you by email to:

• Inform you of the delay.
  
• If possible give an estimate of when stocks will be received.
  
• Give you the option to cancel the order without charge.
  
• On rare occasions a product may be unavailable for extended periods due to circumstances beyond our control, such as manufacturing or distribution problems with our supplier. In this situation, we reserve the right to cancel the order.

If an item has been ordered with 'next day' delivery, and you decide not to cancel the order, we will refund you the difference between the 'next day' and standard delivery charges.

Damage In Transit

Please open all packages immediatly on receipt and report any damages to us by email within three working days.

Liability

The Good Cook Shop Ltd cannot accept liability for any loss resulting directly or indirectly from delays in delivery of an order.

Non Delivery Of Goods

If goods are despatched by us to the address specified by you and delivery is not made due to action or inaction by you (for example it there is no one available to take in a parcel, the address is incorrect, or a card is left but the delivery company is not contacted by you to rearrange delivery) and the goods are returned to us we reserve the right to make a charge for the failed delivery

If goods are despatched by us to the address specified by you and delivery is not made due to action or inaction by you (for example it there is no one available to take in a parcel, the address is incorrect, or a card is left but the delivery company is not contacted by you to rearrange delivery) and the goods are returned to us we reserve the right to make a charge for the failed delivery irrespective of the original amount charged for delivery. The reason for the charge is to recover costs incurred by us in packing and sending the order and may vary depending on the item(s) ordered, we will always ensure the charge is proportionate to the actual costs. If you decide to cancel the order, the failed delivery charge willl be deducted from any refund due to you. If you request the order to be resent the failed delivery charge will be payable prior to the goods being despatched. Any delivery charge ordinarily due on the order will remain payable if it is resent.

When your order is despatched you will be sent an email informing you of the despatch. If the goods have not been received within five working days you are strongly advised to contact us.

If the goods are not delivered due to an error by us or our chosen delivery company you will not be liable for any additional charges.

14. Health and Safety

Knives and other tools for cutting and preparation of food can be extremely sharp, and have the potential to cause injury if used incorrectly. It is your responsibility to ensure that knives and other dangerous items are stored and used safely. The Good Cook Shop Ltd cannot accept responsibility for any injury or loss arising from un-safe use of any product. General guidelines for safe use of knives are available in the knife section of the website. These guidelines offer general advice on the safe use of knives, they are not exhaustive and it remains your responsibility to use the knife safely.

The Good Cook Shop Ltd cannot be held responsible for any loss or injury sustained while following the guidelines, or through any inaccuracy or omissions within the guidelines.

When use tools and electrical devices, always read and follow the manufacturers instructions. Always use all guards and safety devices provided. Do not attempt to use items with faulty or damaged guards or safety devices.

15. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

16. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

17. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

18. Our details

The Good Cook Shop Ltd
27 Warwick Street, Worthing, West Sussex, BN11 3DQ         01903 215121

17 Marmion Road, Southsea, Hampshire, PO5 2AT               023 9275 2755

Registered offices
10 Landport Terrace
Portsmouth
Hampshire
PO1 2RG
Company Registration No. 04505838
VAT Registration No. 798 2174 81