Terms-and-conditions

WEBSITE TERMS AND CONDITIONS

Welcome to the Tapas in a Box Website Terms and Conditions for use.

The tapasinabox.com website is operated by:

Tapas in a Box Ltd, a company registered in England and Wales, with its registered office at:

Highfield
58 Maidenhead Road
Stratford upon Avon
Warwickshire
United Kingdom
CV37 6XU

Our company registration number is 06041621. Our VAT registration number is GB 909820510.

Our trading address is:

Unit 13 Smallbrook Business Centre
Waterloo Industrial Estate
Bidford on Avon
Warwickshire
United Kingdom
B50 4JE

General email: info@tapasinabox.com

Telephone number: 01789 778844

These Terms and Conditions (the “Terms”) apply to the use of this website (the “Website”) at tapasinabox.com. By accessing this Website and/or placing an order, you agree to be bound by these Terms. Please read them carefully.

Using this Website indicates that you accept these Terms regardless of whether -or not- you choose to register with us, or order from us. If you do not accept these Terms, do not use this Website.

1.  INTRODUCTION

1.1 This Website is provided to you free of charge, for your personal use - subject to these Terms. The purpose of the Website is to provide you with information about our products.

1.2 All products purchased on line are subject to specific Product Terms.

1.3 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website may only open to you if you register.

1.4 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2.  LICENCE

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

(a) no documents or related graphics on this Website are modified in any way;

(b) no graphics on this Website are used separately from accompanying text; and

(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including, without limitation, photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3.  SERVICE ACCESS

3.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

3.3 We shall not be liable for any telephone costs that you may incur.

4.  VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.2 or 4.3.

5.  LINKS TO AND FROM OTHER WEBSITES

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Tapas in a Box logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any Tapas in a Box trade marks displayed on this Website without our express written permission;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 5.2 for breach of these terms and to take any action we deem appropriate.

5.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 5.2.

6.  REGISTRATION

6.1 To register with tapasinabox.com you must be over eighteen years of age.

6.2 You warrant that the information provided by you on registration are true, accurate, current and complete in all respects. You must notify us immediately of any changes to the details that you have provided when registering by updating your personal data.

6.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

6.4 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

6.5 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

6.6 The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s rights or liabilities.

7.  DISCLAIMER

7.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to this Website. This clause does not affect your statutory rights.

7.3 Any nutritional data found on the Website is for guidance only and is not intended to be definitive. Please refer to our Product labels for definitive information. You should always consult with your doctor, dietician or other specialist in relation to any dietary requirements you may have before consuming any of our Products and we accept no responsibility for the consequences of failing to follow this advice.

8.  LIABILITY

8.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

8.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

9.  DATA PROTECTION
9.1 We respect your privacy and undertake to share and process your data in accordance with the provisions of the Data Protection Act 1998, and our Privacy Policy.
10.  GOVERNING LAW AND JURISDICTION

10.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

10.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

11.  MISCELLANEOUS

11.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

11.2 If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

11.3 Only the parties to these Terms may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

PRODUCT TERMS AND CONDITIONS
These Terms apply to any order made on this Website. By placing an order you agree to be bound by these Terms. Please read them carefully before doing so.
1.  ORDERING

1.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

1.2 Orders must be received by 12pm, for next-day delivery.

1.3 Orders can be placed in advanced, up to 30 days prior to the required delivery date.

1.4 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.

1.5 We may refuse to accept an order:

(a) where goods are not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error; or

(d) if you do not meet any eligibility criteria set out in our Terms.

2.  PRICING

2.1 Most of our products do not attract VAT - only a few do. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

2.2 The price of goods charged shall be as quoted on the web site at the time you confirm your order with us. Excluding any inadvertent technical error on pricing, we will honour any prices as published at the time of placing your order. Your credit card shall only be charged for items dispatched to you.

2.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

2.4 We reserve the right to change prices and amend or remove any special offers from time to time without prior notification.

3.  PAYMENT

3.1 Payment may be made by credit card or debit card.

3.2 The credit cards and debit cards accepted by us are any of the following: MasterCard, Visa, Switch/Maestro and Solo.

3.3 Your card will not be charged until the Products have been dispatched to you although authority for payment will be requested from your card issuer at the time of your order. This is done by making a reservation against the card you have used for payment. The amount reserved will be debited after we have dispatched the goods.

3.4 Your payment and transaction data is transferred between our website and our payment service provider in an encrypted form, using 128-bit SSL certificates. Your data is held in an extremely secure way by our payment service provider. Please read our Privacy Policy for much more detailed information. We do not store your credit card details on our systems.

4.  PRODUCT RE-SALE
4.1 At Tapas in a Box Ltd we supply our products direct to our customers. These Products may not be resold.
5.  INTERNATIONAL CUSTOMERS
5.1 If you choose to access this website from locations outside the United Kingdom, you do so on your own initiative and it is your responsibility to comply with local laws. We only supply our goods to addresses within mainland England, Scotland, and Wales.
6.  OUR GUARANTEE

6.1 We guarantee the quality of our Products. If any of our Products fail to meet with your reasonable satisfaction, you must notify us promptly in accordance with the terms of our Returns Policy (see Returns, below).

6.2 Our liability to you in connection with any order shall not exceed the total price charged for the Products and we do not accept any further claim for loss from, or in connection with, the supply of Products for whatever reason.

6.3 In addition, we will not be liable to you as a result of any delay in our performance or failure to perform if the delay or failure to perform is due to any cause outside our reasonable control.

6.4 Nothing in these terms shall limit or exclude our liability for fraud or for death or personal injury caused by our negligence. This does not affect your statutory rights.

7.  AVAILABILITY
7.1 We will notify you as soon as possible if for any reason we are unable to supply a particular Product and offer you a substitution. If we cannot contact you, we shall replace the unavailable item with the closest substitute possible.
8.  DELIVERY

8.1 We deliver to mainland England, Scotland and Wales. Unfortunately, we cannot deliver outside of these areas at the moment.

8.2 Our standard delivery charge covers deliveries to addresses in mainland England and Wales. Deliveries to mainland Scotland are subject to a small additional charge.

8.3 For orders received before 12pm, our courier company will deliver by 4pm the next day. Delivery takes place Tuesday to Friday.

8.4 Delivery will be made to the address specified by you during the ordering process. We cannot accept responsibility for incorrect deliveries due to incorrect postcode or address details being submitted with the order.

8.5 We will send you an email to confirm that your order has been dispatched from our premises.

8.6 For orders received within 30 days in advance of the required delivery date, the delivery date will be as requested during the ordering process.

8.7 We are unable to give exact delivery times so you must include instructions concerning a safe place to leave the delivery or someone must be available to accept the delivery.

8.8 If no special instructions are added during the delivery details screen of the order process, as the customer, you are agreeing to sign for the delivery. No boxes shall be returned to the depot; they shall be left at the delivery address and be chargeable to you, the customer.

8.9 Our courier will follow special delivery instructions that are deemed reasonable; e.g. instructions to knock at a neighbour’s house should mean it is within short walking distance of your property, and does not involve the courier travelling any further.

8.10 If we receive no communication from you, within 3 working days of delivery, regarding your delivery or products received, you are deemed to be satisfied with the delivery and products you have bought.

8.11 Whilst we make every effort to deliver all your Products in the agreed time, we will not be liable if we fail to do so in part -or in full- due to circumstances beyond our control.

8.12 We reserve the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule entirely from time to time.

9.  ORDER CANCELLATION

9.1 If you wish to cancel your order, you may do so at any time up to 12pm on the day before your required delivery date. No refund will be available for orders cancelled after this time.

9.2 If you wish to cancel your order, please email us at info@tapasinabox.com clearly indicating “order cancellation” in the subject field of the email. Please also include your order number in the email.

10.  RETURNS

10.1 As an online retailer, we are governed by the UK Distance Selling Regulations; however, as we are selling perishable goods, the regulations relating to the return of unwanted goods do not directly apply to us.

That said, we always aim to supply high quality products in perfect condition and undamaged. However, from time to time, products may need to be returned. Returns are governed by these Terms and Conditions.

10.2 If you are unsatisfied with any of the Products you have received from us, you must let us know within 3 days of delivery. Please email us at complaints@tapasinabox.com including your order number, telling us why you are dissatisfied with the product and we shall contact you to agree a refund or replacement.

11.  COMPLAINTS
11.1 We hope that you never have cause to complain about anything we do, however if you do have a complaint we certainly want to hear from you. Please email complaints@tapasinabox.com in the first instance, including a phone number we can contact you on, your order number, and a description of your complaint.

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