TERMS & CONDITIONS
1. INFORMATION ABOUT US
www.bascofinefoods.com ("our site") is a site operated by Grey Pearl Limited ("we", "us", "our").
Registered in the UK: No. 07804343
Registered office and main trading address – Unit 427C, Birch Park, Thorp Arch Estate, Wetherby, LS23 7FG, England
VAT No. 129 1988 79
2. APPLICATION OF TERMS
2.1 Subject to any permitted variation, the contract between you and us (the "Contract ") for the sale and purchase of any of our products (the "Products ") shall be on the terms set out in these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Terms and Conditions apply to all our on-line sales and any variation to these Terms and Conditions and any representations about the Products shall have no effect unless expressly agreed in writing by us. By placing an order on our site, you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and Conditions.
2.3 Each order placed by you through our site shall be deemed to be an offer by you to buy the relevant Products subject to these Terms and Conditions.
3. SERVICE AVAILABILITY
3.1 Our site is only intended for use by people resident in the European Union https://europa.eu/european-union/about-eu/countries_en. We do not accept orders from individuals outside the European Union.
4. YOUR STATUS
4.1 By placing an order through our site, you warrant that:
• 4.1.1 you are legally capable of entering into binding contracts;
• 4.1.2 you are at least 18 years old;
• 4.1.3 you are resident in the European Union
• 4.1.4 you are accessing our site from the European Union and
• 4.1.5 you are agreeing to be bound by these Terms and Conditions.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will only confirm such acceptance to you by sending you an e-mail once your order and payment have been successfully received (the "Order Confirmation"). The Contract will only be formed when we send you the Order Confirmation. The quantity and description of the Products ordered shall be as set out in the Order Confirmation.
6. OUR SITE
6.1. If any Product you have ordered is not available we will contact you with the option of ordering a replacement Product, cancelling your order or waiting until the Product is back in stock.
6.2 We reserve the right to modify, substitute or remove any information on our site without prior notice. Price, Product information and Product availability are all subject to modification from time to time without prior notice.
6.3 All images and text on our site remain the property of Grey Pearl Limited and may not be used without our prior written consent.
7. CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.
7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Your statutory rights are not in any way affected by these Terms and Conditions. In addition, you are also protected under the Consumer Protection (Distance Selling) Regulations 2000 (www.opsi.gov.uk/si/si2000/20002334.html) and the Electronic Commerce (EC Directive) Regulations 2002 (www.opsi.gov.uk/si/si2002/20022013.html).
8. AVAILABILITY AND DELIVERY
8.1 We aim to fulfil your order within 2 working days from the date of the Order Confirmation, unless there are exceptional circumstances. Your order shall be delivered to the address provided at the time your order was placed.
8.2 A delivery charge of £6.75 will be added to all orders placed for delivery to "mainland UK" addresses - as defined by our transport company - placed totalling less than £60.00. For all orders placed totalling £60.00 or more, deliveries to "mainland UK" addresses - as defined by our transport company -are not subject to a delivery charge. A delivery charge of £12.50 will be added to all orders for delivery to the Scottish Highlands & Islands (AB31-35, AB41-54, AB36-38, AB55-56, FK17-21, HS1-9, IV1-63, KA27-28, KW0-14, KW15-17, PA20-78, PH15-18, PH19-29, PH32-33, PH45-48, PH30-31, PH34-44, PH49-50, ZE1-3). A delivery charge of £12.50 will be added to all orders for delivery to Northern Ireland (BT1-94). A delivery charge of £15.00 will be added to all orders for delivery to the Isle of Man (IM1). A delivery charge of £17.50 will be added to all orders for delivery to the Channel Islands (JE1-3, GY1-8 and GY9-10). A delivery charge of £17.50 will be added to all orders for delivery to the Scilly Islands (TR21-25). For European orders, please change your country field on the checkout page to update your delivery charge.
8.3 A delivery charge of £8.95 will be added to all orders placed for next day am delivery service to "mainland UK" addresses - as defined by our transport company - placed totalling less than £60.00. For all orders placed totalling £60.00 or more, deliveries to "mainland UK" addresses - as defined by our transport company -are subject to a delivery charge of £2.20. A delivery charge of £9.95 will be added to all orders placed for Saturday delivery service to "mainland UK" addresses - as defined by our transport company - placed totalling less than £60.00. For all orders placed totalling £60.00 or more, deliveries to "mainland UK" addresses - as defined by our transport company -are subject to a delivery charge of £3.20.
8.4 We are only able to deliver to European Union addresses and our delivery charges relate to delivery to one single address. We are unable to split orders to separate addresses.
8.5 Deliveries will only be made between Monday to Friday and between the hours of 9.00am and 5.30pm by a nominated third-party courier on our behalf. We are unable to provide specific delivery times. You must ensure that a responsible person is available to accept delivery as the courier will require a signature for all deliveries. Products cannot be left with any third parties and you will be responsible for any additional delivery charges incurred for failed deliveries.
8.6 If for any reason you fail to accept delivery of any Product when they are ready for delivery, or we are unable to deliver the Product on time because you have not provided the correct delivery address or appropriate instructions, or you have changed the delivery date with our third-party courier, or no-one was there to accept the delivery at the time notified to you:
(a) risk in the Product shall pass to you;
(b) the Product shall be deemed to have been delivered; and
(c) we may store the Product until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
8.7 You must provide at the delivery address and at your expense adequate and appropriate equipment and manual labour for loading the Product.
8.8 Any dates quoted for delivery are intended to be an estimate only and we shall not be liable for any delay in the delivery of Products however incurred. Time for delivery shall not be of the essence. If no delivery date is specified, delivery shall be within a reasonable time.
8.9 On opening the package of chilled or frozen items, customers should take care that the product remains cold and that the ice pad sheets remain at least partially frozen. If the product/s are no longer chilled, or totally defrosted, then the product/s should not be consumed. If this should happen, please contact us within 24 hours of receipt of your order. We cannot take responsibility for any spoiled goods, if you do not inform us withing 24 hours of receipt of delivery.
8.10 You must be available to take delivery on the first attempt. Although you can instruct the courier to leave the package with a neighbour or in a safe place if possible, we cannot guarantee that this will happen and cannot take responsibility for spoiled goods where you have not been in to accept delivery. We cannot take responsibility for chilled or frozen items that have been delivered but left in a safe place but not kept under the correct storage temperature.
8.11 We cannot take responsibility for spoiled goods, if you decide to change the date of delivery of an order that contains chilled or frozen products after you have received your shipping confirmation and the goods are in the possesion of our thrid party courier.
8.12 We can only deliver chilled and frozen products to destinations where a next-day service is available. Unfortunately that means UK Mainland only and excludes certain areas of northern Scotland where only a 2-day service is available (please check with us if in doubt).
9. RISK AND TITLE
9.1 The Products ordered will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 All prices on our site are quoted in GBP (£). The quoted prices are inclusive of VAT. All prices quoted on our site are exclusive of delivery costs, which will be added to the total amount due and calculated in accordance with condition 8.2 above.
10.3 Prices and charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.5 Payment for all Products must be by credit or debit cards, which are detailed on our WorldPay site. No handling or administration fees will be charged.
11. OUR REFUNDS POLICY
11.1 If you are unhappy with any products then please contact us directly either by email to firstname.lastname@example.org or by telephone on 01937 845 767 during the hours Monday to Friday 8:00am to 4:30pm to discuss the matter. Refunds will be arranged at our discretion.
11.2 Where you cancel a Contract before the Product(s) has been dispatched we will refund the cost of the Product(s) in full and will process the refund due as soon as possible and in any case within 30 days from the date on which you gave notice of your cancellation.
11.3 When you return a Product to us:
• 11.3.1 because you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible after we have received the Product in the same condition in which you received it. In this case, we will refund the price of the Product in full, including the cost of sending the Product to you. However, you will be responsible for the cost of returning the Product to us. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you fail to comply with this obligation, and/or the Product when returned to us is not in the same condition as it was when sent to you, we may have a right of action against you for compensation and may withhold part of your refund. You will also be responsible for the possible risk of loss or damage to the Product incurred during the transit back to us. We recommend that you send the Product back to us by recorded delivery and that you have sufficient insurance to cover the value of the Product returned. If the Product fails to be returned to us we cannot refund any payment made.
• 11.3.2 for any other reason (for instance, you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have confirmed will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.4 If you receive a Product which you consider is damaged then please contact us directly in order that we may arrange a replacement or refund. We will require a photo of the damaged Product. If possible, please sign for the Products as "DAMAGED ON RECEIPT".
11.5 We can only refund any money due to you using the same method originally used by you to pay for your purchase. Cash or cheque refunds cannot be issued. No handling or administration fee will be charged.
12. OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Our total liability for losses you suffer as a result of us breaching any of these Terms and Conditions or any Contract is strictly limited to the purchase price of the Product you purchased.
12.4 This does not include or limit in any way our liability:
• 12.4.1 for death or personal injury caused by our negligence;
• 12.4.2 under section2(3) of the Consumer Protection Act 1987;
• 12.4.3 for fraud or fraudulent misrepresentation; or
• 12.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not liable for any indirect or consequential losses which happen as a side effect of the main loss or damage, including but not limited to:
• 12.5.1 loss of income or revenue;
• 12.5.2 loss of business;
• 12.5.3 loss of profits or contracts;
• 12.5.4 loss of anticipated savings;
• 12.5.5 loss of data; or
• 12.5.6 waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.6 We cannot accept any liability or responsibility for any damage to, or any virus that may affect, your computer or computer equipment from browsing or downloading data, text or images from our site.
12.7 We cannot accept any liability or responsibility for information, views or opinions provided by third parties about, or in relation to, the content and material of our site.
13.1 This is a secure, protected site with measures in place to protect consumer and transaction data. Payments are made through the WorldPay Secure Payments systems, with payment and card details sent in an encrypted format. We are not able to access card payment details.
13.2 Any information collected and stored by us is done so lawfully and in accordance with the Data Protection Act 1998.
14. WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to Grey Pearl Limited t/a Basco at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our site, 24hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• 17.2.1 strikes, lock-outs or other industrial action;
• 17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• 17.2.3 fire, explosion, storm, flood, severe weather conditions, earthquake, subsidence, epidemic or other natural disaster;
• 17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• 17.2.5 impossibility of the use of public or private telecommunications networks; or
• 17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these Terms and Conditions from time to time.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
BASCO LOYALTY CODE TERMS & CONDITIONS
1. The offer is open to all UK residents aged 18 and over (except employees and families of the promoter and its affiliate companies, agencies and anyone professionally connected with the promotion).
2. The Basco Loyalty Code is available for purchase online at www.bascofinefoods.com or via our Customer Services Team.
3. To qualify for a Basco Loyalty Code, customers need to have purchased from Basco 3 times or more using the same email address.
4. Customers who have purchased from Basco 3 times or more will receive an automated email with a unique Loyalty Code.
5. How to use your Loyalty Code: Once you have finished adding everything to your basket, type your unique code on the checkout page where it reads "Enter Coupon Code Here" heading. Your 10% discount and FREE AM delivery upgrade will automatically be applied.
6. Only one Loyalty Code per person.
7. The unique Loyalty code can only be used with the same email address the code was sent to.
8. Offer not available in conjunction with any other offer, promotion or discount.
9. Free delivery only applies to orders with a net value of £50 or more after the discount code has been applied.
10. The Basco Loyalty Code is not a cheque guarantee, credit or charge card.
11. The Basco Loyalty Code cannot be redeemed or exchanged for cash or vouchers
12. The Basco Loyalty Code is non-refundable and non-transferable.
13. The Basco Loyalty Code is valid for a period of 12 months from the date of receipt. If the Basco Loyalty Code is not used for a period of 12 consecutive months, the code will automatically expire at the end of that period.
14. Basco will cancel the value of the Loyalty Code if we fail to receive payment from the purchaser's bank or card company for the initial purchase of the card. Further action may be taken where the fraudulent use of a credit card is suspected. All refunds / exchanges of goods purchased with the Basco Loyalty Code will be made in accordance with Basco’s refund policy. This does not affect your statutory rights
15. Basco reserves the right to add to or amend these terms and conditions from time to time, where we consider it reasonable and necessary to do so for security, regulatory or other legal reasons. Reasonable notice will be given where possible. The current conditions will be available at all times at www.bascofinefoods.com
16. Basco reserves the right to amend, terminate or temporarily suspend this promotion if, in its absolute discretion, it considers it necessary to do so. Basco shall not exercise this right unreasonably.
17. Basco reserves the right to exclude any entries which it believes to be fraudulent or based on misconduct.
18. Basco accepts no responsibility for difficulties experienced in submitting an entry to this promotion.
19. This promotion and these terms are governed by English law and are subject to the exclusive jurisdiction of the English courts.
20. Entrants are deemed to have accepted these terms and conditions by participating in the Basco Loyalty Code promotion. Promoter: Basco Fine Foods, Unit 427C Birch Park, Thorp Arch Estate, Wetherby, West Yorkshire LS23 7FG
MAY BANK HOLIDAY 2020 TERMS & CONDITIONS
1. The offer is open to all UK residents aged 18 and over (except employees and families of the promoter and its affiliate companies, agencies and anyone professionally connected with the promotion.
2. The offer is only available from 9am Monday 4th May 2020 until 23:59pm Monday 4th May 2020.
3. How to use your offer code: Once you have finished adding everything to your basket, type code FLASHSALE15 on the checkout page where it reads “Enter Coupon Code Here” heading.
4. Offer not available in conjunction with any other offer, promotion or discount.
5. Free delivery only applies to orders with a net value of £60 or more after any discount code has been applied.
6. The offer is non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.
7. The Promoter reserves the right to amend, terminate or temporarily suspend this promotion if, in its absolute discretion, it considers it necessary to do so. The Promoter shall not exercise this right unreasonably.
8. The Promoter reserves the right to exclude any entries which it believes to be fraudulent or based on misconduct.
9. The Promoter and its agents accept no responsibility for difficulties experienced in submitting an entry to this promotion.
10. The Promoter reminds anyone entering this competition to drink responsibly. Please visit https://www.drinkaware.co.uk for the facts.
11. This promotion and these terms are governed by English law and are subject to the exclusive jurisdiction of the English courts.
12. Entrants are deemed to have accepted these terms and conditions by participating in the promotion. Promoter: Basco Fine Foods, Unit 427C Birch Park, Thorp Arch Estate, Wetherby, West Yorkshire LS23 7FG