Bury Wholefoods (“We/Us/Our”)

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which
goods are sold by us to consumers through this website, www.burywholefoods.co.uk (“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.


1. Information About Us
Our Site, www.burywholefoods.co.uk, is owned and operated by Bury Wholefoods, Vision Centre, 5 Eastern Way, Bury St Edmunds, IP32 7AB.


2. 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.

Use of our site is subject to our website Terms of Use. Please ensure that you have read them carefully and that you understand them.


3. Age Restrictions
Consumers may only purchase goods through our site if they are at least 18 years of age.


4. Business Customers
These Terms of Sale apply to consumers only and do not apply to customers purchasing goods in the course of business.


5. International Customers
Please note that we only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.


6. Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods that you will receive. Please note, however, the following:

• Images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance.
• Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary.
• While every care has been taken to ensure the product information shown on the website is correct, food products are constantly being reformulated and nutrition content may change. We would therefore recommend that you do not rely solely on this information and always check products labels.
• All food product descriptions provided on our site include a full list of ingredients and nutritional information. We will also indicate where a product is suitable for vegetarian and/or vegan customers and will clearly state if any food product contains (or may contain) any of the following which may cause allergies or intolerances (please note, however, that some or all of our food products are prepared in the same environment and we cannot guarantee that they will be 100% free of such ingredients):
Gluten;
Milk or lactose
Eggs
Peanuts
Other nuts
Mustard
Sesame seeds
Soya or soybeans

Where further dietary information is important to you, you should contact Bury Wholefoods or the manufacturer to be sure it matches your requirements.

Where appropriate, you may be required to select the required size, weight, number of the goods that you are purchasing.

We cannot guarantee that all goods will always be available. Stock indications are provided on our site, however such indications may not be accurate.

Minor changes may, from time to time, be made to certain goods between your order being placed and us processing that order and dispatching the food products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the goods and will not normally affect your use or enjoyment of those goods. However, if any change is made that would affect your use or enjoyment of the goods, suitable information will be provided to you.

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.

Changes in price will not affect any order that you have already placed.

All prices are checked by us before we accept your order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the food products at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 48 hours, we will treat your order as cancelled and notify you of this 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.

Delivery charges are not included in the price of goods displayed on our site. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the weight of your order and your delivery address. For more information on delivery charges, please refer to Delivery.


7. Orders – How Contracts Are Formed
Our site will guide you through the ordering process. Before submitting your order you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.

If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order and treat the contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.

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.

Order confirmations shall contain the following information:
• Your order number
• Confirmation of the goods ordered including full details of the main characteristics of those goods
• Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges
• Estimated delivery date(s)

In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible.

Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the goods.


8. Payment
Payment for goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until we dispatch your food products.
We accept the following methods of payment on our site: Visa, Mastercard, Amex. Visa Delta, Maestro.


9. Delivery, Risk and Ownership
Delivery will be made to the address specified by you during the order process on the website. You have the ability to change this address with each order through the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.

We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received.

Bury St Edmunds Delivery – there is a £10 minimum order value on any Bury St Edmunds delivery order.
Orders under £50 will be charged a set delivery rate. Orders over £50 will be delivered free of charge.

UK delivery – delivery charges will vary according to the weight of your order.

All of our deliveries require a signature on receipt. It is your responsibility to ensure that an appropriate person is available at the delivery address on the delivery day. An appropriate person must sign for all goods on delivery. If no one is available at your address to receive the goods when the delivery is attempted the goods will be retained by us. We will leave a delivery note explaining how to rearrange delivery.

If you do not rearrange delivery within 48 hours, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery, we will treat the contract as cancelled and recover the goods. If this happens, you will be refunded the purchase price of the goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the goods.

We will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.

Delivery shall be deemed complete and the responsibility for the goods will pass to you once we have delivered the goods to the address you have provided.

Ownership of the goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the goods.

Bury Wholefoods reserves the right to amend delivery and collection fees at any time without notice.


10. Faulty, Damaged or Incorrect Goods

By law, we must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase.

If any goods you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) goods, please contact us at contact@burywholefoods.co.uk or via our Contact link within 14 days of delivery of the goods to inform us of the problem, and to arrange for a refund or replacement.

Please note that you will not be eligible to claim under this Clause 10 if we informed you of the fault(s), damage or other problems with the goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of misuse or intentional or careless damage. Please also note that you may not return goods to us under this Clause 10 merely because you have changed your mind. Please refer to Clause 11 for more details.

To return goods to us for any reason under this Clause 10, please visit the returns page on our site Returns. We will be fully responsible for the costs of returning goods under this Clause 10 and will reimburse you where appropriate.

Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within a reasonable period from the day on which we agree that you are entitled to the refund.

Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the food products were originally purchased.

Refunds under this Clause 10 will be made using the same payment method that you used when ordering the food products.

For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.


11. Cancellation & Returning Goods if You Change Your Mind
You have a legal right to a “cooling-off” period within which you can cancel the contract for any reason. This period begins once your order is complete and we have sent you your order confirmation. You may also cancel an order at any time before we dispatch your goods by contacting us direct.

Zero Waste refill goods are ‘unsealed products’ that are not suitable for return once they have been unsealed due to health protection and hygiene reasons. Therefore, we cannot accept returns of these goods for exchange or refund under this Clause 11.

To contact us directly to cancel, please use the following details:
Our contact page: Contact
Email: contact@burywholefoods.co.uk
Telephone: 01284 645456
In each case, providing us with your name, address, email address, telephone number, and order number.

Please ensure that you return goods no more than 14 calendar days after the day on which your order is delivered under this Clause 11.

You may return goods to us by post or another suitable delivery service of your choice to our returns address at Bury Wholefoods, Vision Centre, 5 Eastern way, Bury St Edmunds, IPI32 7AB. Please note that you must bear the costs of returning goods to us if cancelling under this Clause 11.

Any refunds under this Clause 11 will be issued to you within 14 calendar days of the following:
• The day on which we receive the goods back
• If we have not yet provided an order confirmation or have not yet dispatched the goods, the day on which you inform us that you wish to cancel the contract

Refunds under this Clause 11 may be reduced for any diminished value in the goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).

Refunds under this Clause 11 will be made using the same payment method that you used when ordering goods.

Zero Waste Refill Products
Zero Waste refill goods are ‘unsealed products’ that are not suitable for return once they have been unsealed due to health protection and hygiene reasons. Therefore, we cannot accept returns of these goods for exchange or refund. However, your statutory rights concerning the quality of those products will be unaffected.


12. Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.

We only supply products for domestic and private use by consumers. We make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.


13. 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, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.


14. Contact Details
If you wish to contact us with general questions or complaints, you may contact us at Contact , by email at contact@burywholefoods.co.uk, by telephone at 01284 645456 or by post at Bury Wholefoods, Vision centre, 5 Eastern Way, Bury St Edmunds, IP32 7AB.


15. 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 provide feedback or complain about any aspect of your dealings with us, please contact us at Contact, by email at contact@burywholefoods.co.uk, by telephone at 01284 645456 or by post at Bury Wholefoods, Vision centre, 5 Eastern Way, Bury St Edmunds, IP32 7AB.


16. Other Important Terms
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 as they relate to your order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.


17. Law and Jurisdiction
These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the sub-Clause above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, 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 & Wales.

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