The Terms and Conditions (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.wafoods.co.uk our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these terms carefully and make sure that you understand them, before ordering any products from our site. Please note that by ordering any of our products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these terms for future reference.
We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
1.1 We operate the WA Foods Ltd. website www.wafoods.co.uk WA Foods Limited, a company registered in England and Wales under company number 11258332 and with our registered office at 5 Pomona Road, Shanklin, Isle of Wight, PO37 6PF
2.1 The images of the products on our site are for illustrative and representation purposes only. Although we have made every effort to display the meat accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible because our products are cut fresh to order, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 The packaging of the products may vary from that shown on images on our site.
2.4 All products shown on our site are subject to availability.
2.5 Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
3.2 Please take the time to read these policies as they include important terms which apply to you.
4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
4.2 After you place an order, you will receive an email from us acknowledging that we have received your order.
4.3 We will assign an order number to the order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order. Acceptance of your order is on delivery of the order to yourself.
4.5 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
4.6 We reserve the right to decline any order for any reason.
5.1 We may revise these Terms from time to time
5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the bottom of this page.
6.1 IF THE GOODS ARE NOT FIT FOR CONSUMPTION ON RECEIPT OF DELIVERY PLEASE CONTACT US IMMEDIATELY. YOU MUST NOT CONSUME ANY PRODUCT THAT YOU BELIEVE IS NOT AT THE RIGHT TEMPERATURE OR IS NOT FIT FOR CONSUMPTION.
IF YOU HAVE ANY DOUBTS, DO NOT ATTEMPT TO CONSUME THE PRODUCT AND CONTACT US IMMEDIATELY. WE WILL ENDEAVOUR TO REPLY QUICKLY BUT IF THE REPLY IS DELAYED – DO NOT CONSUME THE PRODUCT.
6.2 Most of the products on our site are perishable. This means that the right to cancel a Contract does not apply. However, we understand that sometimes you may need to cancel an order and although our products are specifically prepared for your order, if you contact us more than 48 hours before the date your delivery is due, it may be possible to cancel the Contract.
6.3 For non-perishable goods, your legal rights to cancel still apply.
6.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
6.5 If you have returned a Product to us because it is faulty or misdescribed, we will refund the price of such defective Product in full, together with any applicable delivery charges or reasonable costs you incur in returning the Product to us.
6.6 Unless the Products are faulty or not as described (in this case, see clause 6.5), you will be responsible for the cost of returning the Products to us;
6.7 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
6.8 Where applicable, refunds will be made to you using the same method and to the same account as used by you to pay for your order.
7.1 If we have to cancel an order for Products before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.
8.1 We reserve the right to extend, withdraw or cancel promotional items, special offers or voucher codes, at any time for any reason without notice. All offers are subject to availability and while stocks last.
8.2 A voucher code can only be used once per order.
8.3 You warrant that you are using a voucher code on our site in good faith. If you redeem or attempt to redeem a voucher to which you, or a third party, are not entitled, you may be committing a civil or criminal offence.
8.4 If we make a refund for a Product that has been purchased under a promotional offer, the refund will be based on the terms of the promotional price. Your statutory rights are not affected.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, you will be informed by ourselves or our authorised courier company. All delivery dates are estimates and are not guaranteed.
9.2 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company will NOT leave your order unaccompanied, and it will be transported back to the factory, we will make every effort to contact you and re-arrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 Unfortunately, we do not deliver to addresses outside the Isle of Wight. However, you may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
9.6 All orders are subject to the applicable minimum order value and we reserve the right to amend our charges and minimum spend requirements, which are clearly defined during the checkout process. Delivery is Free when your subtotal equals £20 or more after all discounts, promotional codes and offers have been applied.
9.7 Delivery times can vary, you can pick the next available estimated delivery date when placing your order.
9.8 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. It is the Buyer's responsibility to check ALL order confirmations prior to the order being dispatched.
9.9 If the customer refuses a delivery for whatever reason, the parcel is destroyed or automatically returned to the sender. Perishable items cannot be resent and refusing an order should be a last resort.
9.10 The Buyer gives permission for the authorised courier to leave the parcel in a safe location. This is however down to the individual driver discretion and cannot be guaranteed.
10.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation, unless of an error (10.5).
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.5 Our site contains a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. In all circumstances please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.6 Products can be withdrawn from the Website at any time and promotions, offer codes and limited time offers can be withdrawn at any time. The Supplier is not liable to anyone for withdrawing any Products from the Website or for refusing to process an order.
11.1 Payment for the Products and all applicable delivery charges is in advance. Payment will be taken immediately on placing your order.
11.3 All financial transactions are processed by our chosen merchant processor.
12.1 Except as may be implied by law, in the event of any breach of these Terms and Conditions by us, our liability is limited to the value of the Products and/or Services we supplied. Under no circumstances shall we be liable for any indirect, incidental or consequential loss or damage whatsoever.
12.2 We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.
12.3 We do not in any way exclude or limit our liability for:
13.1 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 an Event Outside Our Control (defined below).
13.2 An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, an act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.1 When we refer, in these Terms, to "in writing", this will include email.
14.2 If you are a consumer:
14.3 If we have to contact you or give you notice in writing, we will do so by email, phone or by post to the address you provide to us in your order.
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Version 15th April 2020
We would like to let all our clients know that we are still operational and here to support you as best we can.
Under the current climate, the office remains open and operational. If you need to speak to us please call the office on 01983 866053 or email email@example.com and we will respond as soon as possible.
We hope you can appreciate that the staff are working flexibly to accommodate their personal circumstances and thank you for your patience at this difficult time.
We hope you all stay safe
5 Pomona Road,
Isle of Wight
Tel: 01983 866053