These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Food Products are sold by Us to consumers through this website, www.mhcaviar.com (“Our Site”).
Please read these Terms of Sale carefully and ensure that you understand them before ordering any Food Products from Our Site.
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Food Products, as explained in Clause 8;
means the products sold by Us through Our Site;
means your order for Food Products;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means Monarch Caviar Limited, a company registered in England under 12277020, whose registered address is 55 Victoria Street, SW1H 0EU, London; and whose main trading address is 214 Rotherhithe New Road, SE16 3EH, London.
Our Site, www.mhcaviar.com, is owned and operated by Monarch Caviar Limited, a limited company registered in England under 12277020, whose registered address is 55 Victoria Street, SW1H 0EU, London; and whose main trading address is 214 Rotherhithe New Road, SE16 3EH, London. Our VAT number is 339116796.
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.
Consumers may only purchase certain Products through Our Site if they are at least 18 years of age.
The following Food Products contain alcohol and may only be purchased by consumers above 18 years of age. We are not permitted by law to supply these Food Products to anyone below that age:
1. Indulgence gift set
2. Monarch gift set
Under the Licensing Act 2003, it is illegal for Us to sell or deliver alcohol to anyone under 18 years of age. By agreeing to these Terms of Sale, you represent and warrant that you are at least 18 years of age and that the relevant Food Products are for adult consumption only. We may ask for your photo ID upon delivery of the above-mentioned products and remove any alcoholic drinks upon failure to do so.
These Terms of Sale apply to consumers only and do not apply to customers purchasing our products in the course of business.
Please note that as of January 1st, 2021, weonly deliver within the United Kingdom.
We make all reasonable efforts to ensure that all descriptions and graphical representations of Food Products available from Us correspond to the actual Food Products that you will receive. Please note that the images of Food Products 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.
Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether. Please refer to Clause 11 if you receive incorrect Food Products (i.e. Food Products that are not as described).
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.
We cannot guarantee that all Food Products will always be available. However, stock indications are always provided on 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.
In the event that the price of Food Products 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 Food Products displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process. For all orders above GBP 200.00, you have the option of choosing free delivery upon checkout.
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 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:
1. Your Order Number;
2. Confirmation of the Food Products ordered including full details of the main characteristics of those Food Products;
3. Fully itemised pricing for the Food Products ordered including, where appropriate, taxes, delivery and other additional charges
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 and in any event within 30 days.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Food Products, unless you specifically request that We make a refund using a different method.
Payment for Food Products 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:
1. Debit and credit cards
2. Apple Pay
3. Google Pay
All Food Products purchased through Our Site will normally be delivered within 1 business day after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
If We are unable to deliver the Food Products on the delivery date, the following will apply:
1. If no one is available at your delivery address to receive the Food Products or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Food Products;
2. If you do not collect the Food Products or rearrange delivery within 3 days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Food Products. If this happens, you will be refunded the purchase price of the Food Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Food Products.
In the unlikely event that We fail to deliver the Food Products within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
1. We have refused to deliver your Food Products; or
2. In light of all relevant circumstances, delivery within that time period was essential; or
3. You told Us when ordering the Food Products that delivery within that time period was essential.
If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
Delivery shall be deemed complete and the responsibility for the Food Products will pass to you once We have delivered the Food Products to the address you have provided.
Ownership of the Food Products 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 10 will be made using the same payment method that you used when ordering the Food Products.
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
If any Food Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect Food Products, please contact Us at email@example.com or 020 8168 1221 as soon as reasonably possible 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 11 if We informed you of the fault(s), damage or other problems with the Food Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Food Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
Products ordered from our website are made for domestic and private use by consumers. We make no warranty or representation that the Food Products 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.
2. 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.
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.
If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
1. We will inform you as soon as is reasonably possible;
2. We will take all reasonable steps to minimise the delay;
3. To the extent that we cannot minimise the delay, Our affected 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;
4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Food Products as necessary.
If you wish to contact Us with general questions or complaints; matters relating to your Order or cancelations, you may get in touch by phone at 020 8168 1221 or by email at firstname.lastname@example.org.
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.
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 obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. We may not permit the assignment if <<insert reasons>>.
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.
These Terms and Conditions, and the relationship between you and Us shall be governed by, and construed in accordance with the law of England & Wales.
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 shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.