By placing your order and making payment through the Branston Shop: https://shop.bringoutthebranston.co.uk/ (hereafter the “Branston Shop”) you agree to these terms and conditions of sale (“Terms of Sale”), , for the provision of Personalised Branston Pickle (hereafter all called “Product”). It is important you read this Terms of Sale carefully before ordering any Product(s) through the Branston Shop as it governs our relationship with you in relation to your purchase.
The Terms of Sale do not affect any of your rights applicable by law unless expressly excluded herein (to the extent permitted by law).
1. Supplier details
The Promoter: Mizkan Euro Ltd. is a company registered in England and Wales (company number 08053234) with its registered office at: 2nd Floor, Building 10, Chiswick Park, 566 Chiswick High Road, London, W4 5XS (hereinafter “The Promoter” ). The Promoter has engaged Intervino Limited to fulfil all orders placed on the Branston Shop.
Intervino Limited, is a company registered in England and Wales (company number 05659462). Its registered office is at: Lencraft Distribution Centre, Manby Road, Louth, Lincolnshire, LN11 8HB (“Intervino”). Its VAT number is 182708200.
The Promoter and Intervino are collectively referred to as “we” / “us”.
You can contact Intervino by email at firstname.lastname@example.org or call us on 01507 602101.
2. Who can purchase from us?
To purchase products from Intervino and have your order fulfilled by us, you must be over 18 years of age. We can only ship to the following countries: United Kingdom, Republic Of Ireland, Cyprus, France, Germany, Malta, Netherlands and Portugal. All deliveries will be duty and VAT paid.
3. How your contract with us is formed
Please follow on screen prompts to place an order. Each order is an offer by you to purchase the Product(s) subject to these Terms of Sale.
Orders can be placed via the Branston Shop in the following way. Once you are ready to make a purchase, you will check out of your shopping basket. The Branston Shop will ask for your payment details which will be processed on a secure server. When your payment has been processed, your order information will be passed to us including your delivery address. We will not hold any of your payment details. It is your responsibility to ensure that your order is correct before submitting it to us. You will have 2 hours from the placement of your order to change your delivery address/name. Please note that we cannot amend your personalisation details or gift note once your order has been placed. If you have any problems with your order, you should contact us via email at email@example.com. Our customer services team will respond to you directly via email.
We will send you a confirmatory email to acknowledge that your order has been successfully placed with information on the product that you have selected (“Confirmatory Email”). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept your order in which case you will receive a full refund within 10 working days. On receipt of your order we will check to make sure we are able to fulfil your order. Where we accept your order, we will confirm such order by sending you a second email (“Dispatch Email”) confirming your order and dispatch of the Product(s) to the delivery address you have requested. This is sent out automatically by us to the email address you register with. By sending you the Dispatch Email and thereby confirming and accepting your order, the contract (“Contract”) between you and us is formed. You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know by email immediately if there are any errors. If there are any problems with your order which we wish to query, you will be contacted by a representative from Intervino. Invoices shall be raised by Intervino and sent to you in an email.
4. Price and payment
We take all reasonable care to ensure that the prices are correct at the time of your purchase. However, prices and delivery costs may be subject to change. Any price, changes will not affect orders which have already been confirmed in the Dispatch Email. If we find the price has changed or that there has been a pricing error when we receive your order, we will contact you and ask if you wish to proceed at the correct price. The prices for the Product(s) indicated on the Branston Shop and at checkout include all local taxes and duty, which may be payable in respect of the Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your shopping basket.
All payments must be made at the time of order of the Product(s) by you. Payment for all Product(s) must be by credit or debit card or via PayPal. If we are unable to accept your order for any reason, then we will, at our option, either reject your debit or credit card or refund any money paid by you in respect of that order. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. For payment by card, all credit and debit card holders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
5. Delivery, title and risk
We aim to deliver the Product(s) to your designated delivery address within the time set out in the Dispatch Email but we are unable to give an exact delivery date. If we have not delivered the Product(s) within 10 days of the Dispatch Email or any other date that we have agreed with you, then you may cancel the Contract and we will refund any money paid by you.
We can only deliver Product(s) to addresses within the countries stipulated in clause 2.
Ownership and risk of the Product(s) will pass to you on delivery.
We will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control (defined below), or because you failed to provide adequate/accurate delivery instructions or any other instructions that are relevant to the supply of the Product(s).
6. Damaged or defective product(s)
Subject to any specific warranties those implied by law, we do not offer any warranty or guarantee on our Product(s). You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible. Please note you will be required to provide photographic evidence of the damaged goods. Without photographic evidence of damage, we will be unable to process any claim you may wish to make. On proof of damaged or defective goods, we will either refund you or replace the damaged goods. In the case of a refund, it will be made to the form of payment (credit card, debit card or Paypal) that was used to pay for the purchase. We reserve the right to request you to return the Product(s) to our Customer Service Centre, at no cost to you. If you prefer to receive a replacement of the Product(s) we will replace the Product(s) at no extra charge to you where this is reasonably practicable. If we request you to return the Product(s) to us we will refund the cost of the return of the item to us. Nothing in this section affects your statutory legal rights.
7. Protection of personal data
We will process your personal data to the extent required to fulfil your order / Contract. For further information, please visit our Fair Processing Notice.
8. Limitation of liability
These Terms of Sale do not exclude our liability (if any) to you for:
a) personal injury or death resulting from our negligence;
b) fraud or fraudulent misrepresentation;
c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
d) under Part 1 of the Consumer Protection Act 1987; or
e) for any other liability that cannot be limited or excluded by law.
Subject to the above, in no event shall we be liable to you for any business losses and we shall only be liable to you for reasonable losses which you suffer as a result of our breach of these Terms of Sale. Our liability for reasonable losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product(s) you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time of Contract. We are not responsible for any delay in, or failure of, performance of our obligations under any contract arising from any cause beyond our reasonable control, including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action (“Event Outside of Our Control”). Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
9. No right to cancel
Except in the case of damaged or defective products as stipulated at paragraph 6 above, because of the personalised nature of the Products, you do not have the right to cancel.
10. Our right to refuse delivery
We reserve the right to refuse the offer of the Contract with you and the delivery of the Product(s) , in the event the personalisation includes or implies any profanity or otherwise inappropriate language, including but not limited to any obscene, offensive, hateful, inflammatory or sexually explicit language.
11. Other information of which you need to be aware
We advise you to print a copy of these Terms of Sale for your information in the future. The Contract and all communications between us will be conducted in English.
The Terms of Sale is governed by English law and you can bring legal proceedings in respect of the Products and the Contract in the English courts. However, if you are a resident in a country outside of England, the laws of your residence country shall apply and you can bring legal proceedings in the courts of your residence country.
If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted and the rest of these Terms of Sale shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
All notices given by you to us must be given in writing to the address set out at the beginning of these Terms of Sale. We may give you notice at either the email or postal address you provide to us when placing an order.