Close Window
Our Delivery Conditions.
In our business speed is essential, to get the fish to you in
the shortest time possible from when the boats land their catches. We have tried
to devise a system to achieve the fastest turnaround, from order to being
delivered to the customer, so far the best we have come up with is as follows.
- We will check our Post box and emails daily and reply
the same day, by email or telephone within 24 hours.
- Telephone contacts will be dealt with as quickly as
possible, (Free Phone 0800 0272066 (9am-9pm Mon to Frid, 24/7 Answer phone),
please leave your number and we will get back to you a.s.a.p. if we are too
busy to answer.
- All orders will be dispatched by overnight carrier
packed in a polystyrene box, chilled and iced, and will reach you the
following day usually by 4pm (Wednesday to Friday), subject to availability. Early orders will always take priority when fish is scarce.
- We subsidize the packaging and carriage cost and only charge you a nominal
£7.95 for the service for next morning delivery Tuesday to Fridays mainland
UK.
- We process all the usual credit/debit cards online, but due to the new
3D Secure system we now have to charge at the time of order, any variations
due to weight etc, we will refund/charge for any difference when we dispatch
the goods. (When the system settles down, we will revert to charging on
dispatch as before)
- COMPLAINTS If you are not entirely satisfied with your
order, contact us as soon as possible when the goods arrive on 01637
889168, or send us a message
Click
Here, so that we can agree a solution to the problem within 24 hours. We
treat complaints, though rare, very seriously and use them to continuously
improve our service.
- This does not affect your statutory rights as a consumer.
Full legal Terms and Conditions
To protect your own interests please read the conditions
carefully before you click the tick box. If you are uncertain as to your rights
under them or you want any explanation about them please write, telephone or
email our customer queries department at the above address and telephone number
BEFORE you place the order. YOU ARE
ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing
goods from Martins Seafresh you enter into a legally binding agreement with us
on the following Conditions. You should read and understand these Conditions
because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Martins
Seafresh, St Columb Business Centre, Barn Lane, St Columb, Cornwall. Tr9 6BU ("the Seller", "We" or "Us") for certain products as set out in
the pages on this site ("the Goods"). Subject to the provisions of Clause 4.2
below, the price of the Goods the delivery charges and Value Added Tax where
applicable is set out on the Order Form.
In accordance with the provisions of the Consumer Protection
(Distance Selling) Regulations 2000,
you have the right to withdraw from this transaction. Details of your right to
withdraw can be found in Clause 9 below. PLEASE NOTE THAT THE RIGHT TO WITHDRAW
FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR
COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU, .
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND
SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.
Interpretation
1.1
In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale
set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment
Card’ means the credit or debit card
or other payment system
chosen by you to be used as the method of payment for the Goods of
which you have provided details to us when placing the Order;
'Delivery Area' means Mainland
UK only
'Goods' which you have ordered
including any instalment of the goods or any parts for them which are available
for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending,
receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of
Goods;
‘Order Form’ means the electronic order form completed and
submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling)
Regulations 2000;
'Web Site' our presence on the
world wide web, currently accessible via the address
http://www.martins-seafresh.co.uk
1.2
Reference to any statute or statutory provisions shall be deemed to
include any statutory modifications or re-enactments thereof or any rules or
regulations made thereunder or any enactment repealing and replacing the act
referred to.
1.3
Unless the context otherwise requires:-
1.3.1
words importing the singular shall include the plural and vice versa;
1.3.2
words importing the masculine gender shall include the feminine gender
and vice versa;
1.3.3
references to persons shall include bodies of persons whether corporate
or incorporate.
1.4
Unless the context otherwise requires references to clauses shall be
construed as references to clauses of these Conditions.
1.5
Headings are inserted for convenience only and shall not affect the
construction or interpretation of these Conditions.
2.
Basis of the sale
2.1
We shall sell to you and you shall purchase only those goods which you
have set out in an order and which have been accepted by us. We reserve the
right to reject any order. Unless otherwise agreed in writing each such sale of
Goods will be subject to these terms and conditions.
2.2
No Order submitted by you shall be deemed to be accepted by us unless and
until confirmed by e-mail or in writing by us.
2.3
No variation to these Conditions shall be binding upon us unless and
until agreed by e-mail or in writing by us.
2.4
Any error or omission in any information or document issued by us shall
be subject to correction provided that the correction does not materially affect
the contract.
3.
Orders
3.1
The quantity, quality and description of
the Goods will be those set out in your Order (if accepted by us).
3.2
Orders are accepted at our sole discretion but are normally accepted if
the Goods are available, the order reflects current pricing,
you are based in the Delivery Area
and your Payment Card is authorised for the transaction.
3.3
You or we are entitled to withdraw from any contract in the case of
obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4
You shall be responsible for ensuring the accuracy of the terms of any
Order submitted by you, and for giving us any necessary information relating to
the Goods within a sufficient time to enable us to perform the Contract in
accordance with its terms.
3.5
The quantity, quality and description of and any specification for the
Goods shall be those set out in the relevant pages of this site.
3.6
We reserve the right to make changes in the specification of the Goods
which are required to conform with any applicable statutory or EC requirements
4.
Price of the goods
4.1
The price of the Goods shall be the price set out on the relevant page of
this site. We reserve the right to change the prices set out on this site
provided that if we accept an order from
you the price for the goods will be the price set out in the relevant range at
the time the order is placed.
4.2
If the price of the Goods increases between the date we accept your Order
and the delivery date, we will let you know and ask you to confirm by e-mail/in
writing that the new price is acceptable. If it is not acceptable then you
will, of course, have the option of cancelling the order.
4.3
The price of the Goods does not include insured postage or packaging.
There will be an additional charge made relative to the size and amount of Goods
insured for postage and packaging. This charge will be clearly shown on the
Order form.
4.4
The total price is inclusive of any applicable value added tax.
5.
Terms of payment
5.1
Upon providing us with details of the
Payment
Card and submitting the Order you :
5.1.1
confirm and undertake that the information contained within the Order is
true and accurate and that you are duly authorised to use the
Payment
Card; and
5.1.2
authorise us to deduct from the
Payment
Card account the full price of the Goods and all other payments which may
become due to us under the Contract.
5.2
If it is not possible to
obtain full payment for the Goods from your account on delivery of the Goods to
you, we can cancel the Order or suspend any further deliveries to you.
This does not affect any other rights we may have.
5.3
Where Goods are returned by you in accordance with your rights under the
provisions of Clause 9, we shall credit the
Payment
Card with the appropriate amount. (Please note Clause 9:-The right to cancel this contract will not apply in respect
of Food, drink or other Goods intended for everyday consumption.)
5.4
We will not pass your personal information on to any third party without
your permission. Unless solely due to our negligence we cannot be held liable
for any losses you may suffer. If in any event your payment card is used
fraudulently you are entitled to cancel the payment and be reimbursed by the
card issuer without being charged for the loss.
6.
Delivery
6.1
Delivery of the Goods shall be made by
our carrier to the address for delivery shown in the Order Form.
It is
important that this address is accurate. Please be precise about where you
would like the Goods left if you are out when we deliver. Once the Goods have
been delivered in accordance with your delivery instructions, you will be
responsible for them. Our responsibility for everything other than damage due
to our negligence or due to a manufacturing design or design fault will cease
upon delivery.
6.2
We will do all that we reasonably can to meet the date given for delivery
or, if no date has been agreed, within 30 days of the order date. We cannot be
held responsible for delays beyond our control. If we are unable to make the
delivery date we will contact you. If delivery cannot be made within 30 days of
the given delivery date you will be entitled to either arrange a revised date or
cancel the order and receive a full refund. If we are able to make delivery in
advance of the given date we will contact you.
6.3
If the order is a multiple order and we are unable to make delivery of
the whole order but are able to deliver part we will contact you, informing you
of this, and delivery will be on a mutually agreed date. In this instance
delivery will be said to be made in instalments. Each delivery shall constitute
a separate contract and any failure by us to deliver any one or more of the
instalments in accordance with these conditions, or any claim by you in respect
of any one or more instalments will not entitle you to treat the contract as a
whole as repudiated.
6.4
If we fail for any reason within our control to fully/partially deliver
your Goods any reimbursement shall be no more than the price of the Goods,
together with any delivery and/or reasonable return costs.
6.5
Either party is entitled to cancel the contract in respect of
non-performance of obligations in relation to delivery. If cancelled we will
refund you any monies already paid by you and any reasonable return costs
incurred by you.
7.
Risk and property
7.1
As soon as we have delivered the Goods or services, you will be
responsible for them. If you delay a delivery our responsibility for everything
other than damage due to our negligence will end on the date we agree to deliver
them, as set out in the contract.
7.2
Subject to the provisions of
clause 9 and notwithstanding delivery and the passing of risk in the
Goods, or any other provision of these Conditions, the property in the Goods
shall not pass to you until we have received in cash or cleared funds payment in
full of the price of the Goods. Goods supplied
to you are not for resale.
8.
Warranties and liability
8.1
Terms and conditions of this contract do not affect any additional rights
you may have under a manufacturer’s warranty/guarantee. These are rights given
to you by the manufacturer in addition to your statutory rights. Any additional
rights given to you by the manufacturer in respect of Goods purchased are not
incorporated into this contract.
8.2
As a consumer you have statutory rights regarding the return of defective
Goods and claims in respect of losses caused by any negligence on our part or
our failure to carry out our obligations.
The terms and conditions of this
contract do not affect your statutory rights. For further information
regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
8.3
IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the
goods as soon as reasonably possible after delivery. Any claim by you based on
any defect in the quality or condition of the Goods or their failure to
correspond with specification must (whether or not delivery is refused by you)
be notified to the company within 7 days from the date of delivery or within a
reasonable time after discovery of the defect or failure if it was not apparent
on reasonable inspection.
8.4
Where a valid claim in respect of Goods delivered is notified to us
within 7 days of the delivery date, or within a reasonable time if not apparent
on reasonable inspection, you are entitled to:
reject the Goods and receive a full
refund;
or have the Goods (or the part in
question) replaced free of charge.
Any claims made after 7 days
of delivery or exceeding a reasonable time of discovery, we shall be entitled to
either:
replace the Goods (or the part in
question) free of charge or
at our sole discretion refund to you the price of the Goods (or a
proportionate part of the price) and we shall have no further liability to you.
8.5
Except in respect of death or personal injury caused by our negligence
we will not be liable under this contract for any loss or damage caused by us or
our agents in circumstances where:
i)
there is no breach of a legal duty of care owed to you by us or by any of
our employees or agents;
ii)
such loss or damage is not a reasonably
foreseeable result of any such breach;
iii)
any increase in loss or damage resulting from breach by you of any term
of this contract.
In the event that you are using the supply address in part for
commercial purposes then no liability for loss of profits or other economic loss
arising out of a breach of this agreement can be accepted.
8.6
Subject to our obligations, and your rights under the Regulations, we
shall not be liable to you or be deemed to be in breach of the contract by
reason of any delay in performing, or any failure to perform, any of our
obligations in relation to the Goods if the delay or failure was due to any
cause beyond our reasonable control.
8.7
We assume no responsibility for the contents of any other web sites to
which this Web Site has links.
9.
Right to Cancel
9.1
You have a cooling off period of 14 days after the
date on which you have received the Goods to cancel the Contract, and return the
Goods at your cost and receive a full refund of the purchase price and any
delivery cost.
9.2
During the cooling off period any cancellation must be given by written
notice by either party.
9.3
Goods must be returned complete and undamaged with all accessories and
instructions. The original packing must be returned in reasonable condition.
9.4
The right to cancel this
contract will not apply in respect of: ********************
Personalised Goods or Goods made to your
specification
Audio, video recordings (including DVDs) or
computer software you have unsealed
Betting games or lottery services
Newspapers and magazines
Food,
drink or other Goods intended for everyday consumption. **********************
Contracts for accommodation, transport, catering or leisure
services which are arranged for a specific time or date, e.g. train, airline or
concert tickets or hotel bookings
Timeshare and package holidays
9.5
In the event that we supply substituted Goods to you in accordance with
the provisions of Clause 2, your right to cancel is as set
out as above except that the cost of returning the Goods shall be borne by us.
10.
Communications
10.1
Any communication sent electronically by e-mail or otherwise:
10.1.1
will be deemed to have been sent once it enters an Information System
outside the control of the originator of the message;
10.1.2
will be deemed to have been received by the intended recipient at the
time that in a readable form it enters an Information System which is capable
of access by the intended recipient;
10.1.3
will be deemed to have been dispatched in the case of a business at its
principal place of business and in the case of an individual where he or she
ordinarily resides;
10.1.4
will be deemed to have been received in the case of a business at its
principal place of business and in the case of an individual where he or she
ordinarily resides.
10.2
To protect your own interests you should ask for a delivery receipt for
any such and retain a hard copy of that delivery receipt and the original
correspondence.
11.
General
11.1
Any communication sent by post will be deemed received by the intended
recipient three days following mailing where sent by first class post or five
days after mailing where sent by second class post.
11.2
The clauses of these Conditions and each sub-clause thereof are several
and if any part of any clause or sub-clause shall be void, invalid or
unenforceable then the remainder of such clauses or sub-clauses shall
nevertheless be valid and enforceable.
11.3
No term of the Contract is intended to confer a benefit on, or be
enforceable by, any person who is not a party to the Agreement (whether under
the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4
If any provision of these Conditions is held by any court or competent
authority to be invalid, unlawful or unenforceable in any jurisdiction in whole
or in part, it will not affect the validity or enforceability of the other
provisions of these Conditions and the remainder of the provision in question
shall not be affected nor will it affect the validity,
lawfulness or enforceability of that provision in any other jurisdiction.
11.5
We will try to solve any disagreements quickly and efficiently. If you
are not happy with the way we deal with any disagreement and you want to take
court proceedings you must do so within the United Kingdom.
11.6
The headings in these Conditions are for convenience only and will not affect
their interpretation.
© 2006 SafeBuy
Services Ltd v3.2.2
Our telephone number
01637 806103
Email us
Click Here
Copyright © 1999 [Martins Seafresh]. All rights reserved.
Revised: October 03, 2007
| 
