B Curtis Ltd
Terms and Conditions, User Agreement & Refund Policy
B Curtis Ltd is a Retail and Catering Butcher registered at 19 West Street, Wareham, Dorset, BH20 4JS, operating through our shop and online. B Curtis is a private limited company (Company Number: 00683342) and has been operating since 1951, at the same address.
B Curtis Ltd may change Terms and Conditions from time to time by updating this statement. You should check this statement from time to time to ensure that you are happy with any changes.
This policy is effective from 1st May 2022.
You can contact us in the following ways for more information:
- Phone: 01929 552478
- Email: email@example.com
- Post: 19 West Street, Wareham, Dorset, BH20 4JS
These Terms and Conditions set out your relationship with B Curtis Ltd via Phone and Online via our website www.bcurtis.co.uk. Please read these Terms and Conditions carefully as they affect your rights and liabilities in law. In the event you do not agree to these Terms and Conditions, please do not order from B Curtis Ltd.
- “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
- “Goods” means the articles that the Buyer agrees to buy from the Supplier;
- “Services” means the services that the Buyer agrees to buy from the Supplier;
- “Supplier” means B Curtis Ltd that owns and operates bcurtis.co.uk;
- “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
- “Website” means bcurtis.co.uk
- To register you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
- You must ensure that the details provided by you on registration, on your order or at any time are correct and complete.
- You must inform us promptly of any changes to the information that you provided when registering or ordering by updating your personal details, within the order deadlines specified on our Website.
- Following set up of an account, we will email confirmation of your account set up to you.
- When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately and you should change your password immediately via our Website.
- If B Curtis Ltd has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your account. You are liable for any automatic login capability and for all activities and orders which are submitted to your account.
- Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
- These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Purchase of produce and acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
- Any complaints should be addressed to the Supplier’s address provided in this statement.
- All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
- Where the Goods ordered by the Buyer are not available from stock, B Curtis Ltd will provide an alternative substitution product, which will be of equal or greater value at no additional cost.
- Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time or the order.
- Existing customers (Buyers who have placed one or more orders with the Supplier) are subject to a minimum order value of £50, when making use of free delivery or other promotional codes. This does not affect the Buyer’s right to place an order below this value if delivery is charged or if no promotional code is being used. This may not apply to special offers available to new customers only.
- Your submission of an order amounts to an offer to enter a contract to buy the Products from us; you cannot then withdraw or cancel your order except as stated otherwise in these Terms and Conditions.
- No order is accepted from you until our Website displays an order confirmation message. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
- Some of our Products are priced by weight. We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this guide. On occasion the product may weigh less or more than the product purchased, but will always remain within a 10% tolerance. We will endeavour to provide exactly the weight purchased or exceed the weight. In some instance however, this may not always be possible.
- The price of the Goods and/or Services shall be that stipulated in our marketing communications including on the Website. The shown product prices exclude delivery charges.
- When ordering online, the total order cost (incl. any delivery charges), will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone the total order cost (incl. any delivery charges) will be confirmed by one of our telephone advisors before the order is placed for you.
- After an online order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services.
- An email will be sent to the Buyer once the Order is ready to be collected or shipped.
- Payment must be made at the point of ordering.
- Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
- We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
- If a payment has been rejected by your bank, you will not be able to complete your order until a valid payment has been made.
- We do not accept Cheque or Cash as a means of payment for online orders.
- We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
- The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible. If you notice issues with our website or service, please contact us via email, phone or writing.
- We will try to ensure that material included on the Website or on any other platform is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights we may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
- We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us immediately. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the due amount.
- The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time.
- The Consumer will only ever be charged the prices shown on their invoice at time of placing their order and making their payment.
- The Supplier reserves the right to withdraw any Goods and/or Services from marketing materials or the Website at any time.
- The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
- The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order.
- Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
- The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
- Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
- If nobody is available at the primary delivery address (nominated by you at the time you place your order) to take delivery of the order, we will leave the delivery in the safest viable place we can. Otherwise we will follow any instruction you leave on your order.
- You are responsible for providing us with accurate delivery address details (including house numbers, street names and postcodes) and for making suitable arrangements to receive your delivery and for giving us appropriate instructions. Our deliveries are made with ‘no signature required’. In the event that your delivery is stolen from your doorstep or damaged while there, B Curtis expressly disclaims all liability that may arise in consequence of the delivery being left unattended, including, without limitation, theft, tampering or contamination, however caused.
- If your delivery is refused or not accepted at a recipients address, we will not take responsibility for this.
- You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. In the event the Products do not meet you expectations or you are in any way dissatisfied, B Curtis Ltd may in its absolute discretion offer you a credit note or refund.
- The Buyer may cancel any order for any reason up until 3pm the day before the date of delivery and any payments made by the Buyer shall be refunded in full within 28 days.
- Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including original delivery costs), where agreed with the Supplier.
- Goods to be returned must clearly show the order number obtained from the Supplier on the package.
- We may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
- Refunds may be provided by the Supplier based on individual circumstances, after discussion with the Supplier about any issue. This does not affect your statutory rights.
- Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
- You acknowledge that your use of the Site and its content is at your own risk.
- Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations. We cannot accept liability for any inconvenience or loss that this causes.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Whilst B Curtis Ltd takes steps to ensure the accuracy of the information accessed via the Site, it cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on the Website. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
The Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Content”) are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.
The Site and its content are provided as is, excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors or viruses and we shall not be liable for any damage you may suffer as a result.
The Site is not directed at persons in a jurisdiction where for any reason the Site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
- If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
- It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (citizensadvice.org.uk).
Websites or pages to which the Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
B Curtis Ltd reserves all copyright in photographs and print provided in this website and otherwise as produced. Any infringement, whether by the replication of photographs or the repetition and/or plagiarism of print, will not be tolerated. B Curtis Ltd reserve the right to raise legal proceedings to protect its commercial interests.
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of England.