This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.cfayre.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
[Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.] Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.1. Information about us
1.1 www.cfayre.co.uk is a site operated by John Watson, trading as "Cfayre" (we). Our main trading address is 25 Aitken Street, Largs, KA30 8AT. 2. Service availability
Our site is only intended for use by people resident in the UK Main Land. We can also supply some areas of the Highlands and Islands with certain post codes, please check post codes in, delivery information
. 3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product(s) have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 By ordering via our website and accepting these terms and conditions you acknowledge that because the Products are a wild commodity, we may not always be able to source the Products sought by you. In the event that we are not able to deliver the Products you order in accordance with the delivery times detailed in the order confirmation, you will not be under an obligation to buy the Products from us.
4.4 As the Products are fresh products they cannot be returned. However if you are not entirely satisfied with your order or have a complaint, please contact us within 24 hours of delivery so we can come to a satisfactory solution to your problem.
4.5 You may cancel an order up to 10 am on the day of despatch. 5. delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, unless there are exceptional circumstances.
For details of delivery (and any applicable costs) please see this page6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Deliveries which are not signed for by you, but by a third party on your behalf, or which are delivered on time and left at a reasonably secure place notified to you, are nevertheless at your risk from the time of delivery.
6.3 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.
6.4 By accepting these terms you accept that the Products must be stored appropriately by you if they are to stay fresh for a reasonable amount of time given their nature. 7. Price and payment
7.1 The price (per weight or per fish) of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices exclude delivery costs. Delivery will usually be free of charge but we reserve the right to charge for delivery, and in these cases we will inform you of the applicable delivery costs prior to formation of the Contract.
7.3 Prices (per weight or per fish) are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 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 (per weight or per fish) is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price (per weight or per fish) 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.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price (per weight or per fish), even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We accept payment with [INSERT LINK OR LIST OF CREDIT AND DEBIT CARDS]. We will not charge your credit or debit card until we despatch your order.
7.7 By ordering via our site and by accepting these terms and conditions:
7.7.1 you acknowledge that, because the weight of fish products will naturally be subject to variance, we cannot always provide you with Products corresponding the exact weight ordered by you, and that payment via our site is accordingly made on the basis of pre-authorised payment amounts; and
7.7.2 you agree that whilst we will endeavour to charge you the precise amount detailed on the acknowledgement of your order, you authorise us to charge you up to 15% more or less than this amount when the exact weight of the Products being dispatched has been determined. The final amount charged will be detailed in the Dispatch Confirmation.
7.8 If the Products are shown to be of unsatisfactory quality or condition, we will endeavour at our discretion to either replace your order or give you a refund within a reasonable period of time. 8. Our liability
8.1 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.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased .
8.3 This does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, unless such responsibility cannot lawfully be excluded. 9. Written communications
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 website. 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.10. Notices
All notices given by you to us must be given to Cfayre at 25 Aitken Street, Largs KA30 8AT. 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 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours 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.11. Transfer of rights and obligations
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 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.
11.3 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.12. Events outside our control
12.1 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 (Force Majeure Event).
12.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 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.13. Waiver
13.1 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.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 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 these conditions. 14. Severability
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.15. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities .
16.2 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 Dispatch 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).17. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Scotland.