1. OUR CONTRACT WITH YOU
1.1 Please read these Terms carefully before you submit your Order to us. These Terms apply to the Contract between you and us for the supply by us of Goods. These Terms tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. No other terms will apply to the Contract and the Contract may not be changed unless agreed between you and us in writing or if clause 7 applies. Our employees and agents have no authority to make any promises on our behalf unless they are confirmed by us in writing and you agree that you will not rely on any promises not confirmed by us in writing. All terms implied by law, custom, practice or course of dealing and which are inconsistent with the Terms are excluded to the maximum extent permitted by law.
1.2 Words and phrases used in these Terms shall have the meanings given in clause 9 below.
1.3 We, Bakkafrost Scotland Limited, trading as Harris & Lewis Smokehouse, are a company registered in Scotland. Our company registration number is SC107275 and our registered office is at 28 Drumsheugh Gardens, Edinburgh, EH3 7RN. Our registered VAT number is 789 804 955. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01851 827 090 or write to us at sales@harrisandlewis.co.uk or by post at Bakkafrost Scotland Limited, 28 Drumsheugh Gardens, Edinburgh, EH3 7RN.
1.4 We can refuse to accept any Order placed by you. The Contract will become binding only when we accept your Order in writing. Your Order is part of the Contract only for the purposes of, if necessary and agreed by us, specifying the nature and description of the Goods to be supplied.
1.5 We only sell to the UK. Our Website is solely for the promotion of our Goods in the UK. Unfortunately, we do not accept Orders from or deliver to addresses outside the UK.
2. OUR GOODS
2.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
2.2 The packaging of the Goods may vary from that shown in images on our website.
2.3 If we are supplying the Goods to weights and/or measurements you have given us you are responsible for ensuring that such weights and/or measurements are correct.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be our quoted price as set out in our Quotation. We take reasonable care to ensure that the price advised to you is correct, however please see clause 3.2 for what happens if we discover an error in the price of the Goods you Order. Unless otherwise agreed in writing, the price is inclusive of VAT and other duties (all of which you will pay to us in addition). If the rate of VAT changes between your Order date and the date we supply the Goods we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
3.2 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Order’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Order’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.
3.3 Delivery of the Goods otherwise than ex works at our premises (to be collected by you) shall be subject to additional charges for transport, packaging and insurance.
3.4 You shall pay the price of the Goods in advance and the Goods will be dispatched and/or made available for collection upon clearance of monies in the bank accounts of Bakkafrost Scotland Limited.
3.5 We shall not be bound to deliver the Goods until you have paid for them. In the event of Goods being dispatched before payment or clearance of payment; payment will be made by you in a timely manner (and in accordance with any payment dates detailed in the Contract and/or relevant invoice).
3.6 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to;
3.6.1 charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount; and/or
3.6.2 cancel the Contract and Order and/or suspend any further deliveries to you.
3.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
4. DELIVERY, RISK AND TITLE
4.1 Delivery shall be regarded as taking place when the carrier delivers the Goods at the agreed delivery address.
4.2 If you are to collect the Goods from our premises, you can collect them from us at any time during our working hours of 10.00-16.00 on Monday to Friday (excluding public holidays). We will deliver the Goods to you, or make them available for collection, as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order or we will contact you to agree a delivery date. If our supply of Goods is delayed by an event outside our control (such as, without limitation, a Brexit Event) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received. If delivery is to take place in instalments, each delivery will be a separate Contract.
4.3 If you do not collect the Goods from us as arranged or if no one is available at your delivery address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract. You agree and understand that the Goods are perishable products with limited shelf-life and therefore re-arrangement of delivery may not always be possible.
4.4. Risk of loss of or damage to the Goods shall pass from us to you on delivery. You must notify us of any shortages or damage to the Goods within 2 days of delivery. Your failure to do so shall be conclusive evidence that you have accepted the Goods.
4.5 You own Goods once we have received payment in full.
4.6 We may need certain information from you so that we can supply the Goods to you. If so, we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. CANCELLATION / REFUND POLICY
5.1 Without affecting our other rights, we may defer or cancel any deliveries of Goods and treat the Contract as cancelled if you: (a) breach any of the terms or conditions of the Contract; or (b) enter or propose to enter into any arrangement with your creditors, become bankrupt or otherwise insolvent, are unable to pay your debts as they become due, have any receiver, administrator or liquidator appointed or any event similar to any of the foregoing happens to you.
5.2 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract. You may cancel the Contract in the event that we materially breach our obligations under the Contract and we fail to remedy the breach. Otherwise, you may only cancel the Contract with our prior agreement in writing.
5.3 As a Consumer for most products bought online you have a legal right under the Regulations to change your mind within 14 days and to receive a refund. You understand that the Regulations and these rights do not apply to the supply of the Goods as the Goods are foodstuffs and / or are intended for consumption in a household and therefore are exempt from the Regulations.
5.4 If we cancel the Contract under clause 5.1 above, you will indemnify us in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.
5.5 Due to the nature of the Goods (foodstuffs), Harris & Lewis Smokehouse cannot accept returns but refunds may occasionally be offered at the discretion of the management. Where goods are found to be faulty either a replacement will be issued or a full refund given.
Refunds will be reimbursed by credit/debit card refund.
6. LIABILITY
6.1We are only responsible for foreseeable loss and damage caused by us. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
6.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
6.3 We are not liable for business losses. We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. MODIFICATIONS
7.1 We may change the Goods and/or these Terms to reflect changes in relevant laws and regulatory requirements; and / or to implement minor adjustments and improvements. In addition, we may make changes to these Terms and/or the Goods for the reasons listed below, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Goods paid for but not received:
7.1.1 due to a Brexit Event;
7.1.2 we may need to cancel and/or amend the Order if the Goods are out of stock;
7.1.3 we may need to cancel and/or amend the Order if there are unexpected limits on our resources which we could not reasonably plan for; and/or
7.2 If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8. GENERAL
8.1 You may not assign (e.g. transfer) the benefit of the Contract without our prior written consent. We may transfer our rights and obligations under the Contract to another organisation.
8.2 We may at any time retain, make deductions from or set-off any amounts we owe to you in order to meet any amounts which you owe to us. We will have a general lien on all property held by us on your behalf until satisfaction of all obligations you may have to us. If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
8.3 Any notice we are required or permitted to give to you under the Contract shall be in writing addressed to you at the address or email address you notify to us from time to time. Any notice you are required or permitted to give to us under the Contract shall be in writing addressed to us at sales@harrisandlewis.co.uk and to Harris & Lewis Smokehouse, Sandwick Road, Stornoway, Isle of Lewis, Scotland, HS1 2SL, United Kingdom.
8.4 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
8.5 Nothing in the Contract, these Terms and/or any Quotation is intended to confer on any person any right to enforce any of the terms in such Contract, Terms and/or Quotation which that person would not have had but for the Contract (Third Party Rights) (Scotland) Act 2017.
8.6 The Contract shall be governed by the laws of Scotland. If you live in Scotland you can bring legal proceedings in respect of Goods in either the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
8.7 These Terms shall not affect your statutory rights as a Consumer.
8.8 We will use your personal information as set out in our Privacy Policy: https://www.harrisandlewis.co.uk/privacy-policy/.
9. GLOSSARY
9.1 In these Terms and in the Contract:
“Brexit” means the date on which the United Kingdom ceases to be a member state of the European Union;
“Brexit Event” means any circumstance resulting from Brexit that adversely affects our ability to perform our obligations under the Contract;
“Consumer” shall bear the same meaning as set out in the Regulations;
“Contract” means the contract between you and us generated by us accepting the offer made by you in your Order, incorporating our Quotation and these Terms;
“Goods” means the goods (including any instalment of the goods or any part of them) which we are to supply in accordance with the Contract;
“Order” means your order in writing for Goods;
“Quotation” means our non-binding indication in writing of the terms on which we might, subject to contract, be prepared to supply the Goods;
“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134).;
“we”, “us”, “our”, ”Harris & Lewis Smokehouse” means Bakkafrost Scotland Limited, trading as Harris & Lewis Smokehouse (Company Number: SC107275) and having its registered office at 28 Drumsheugh Gardens, Edinburgh, EH3 7RN;
“writing” includes any form of electronic communication which we may specify for interaction with our website; and
“you” or “your” means the person(s) named as the customer(s) on the Order.
“Terms” means these Terms and Conditions of Sale;
9.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
