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Website Terms and Conditions

1 INTERPRETATION

1.1 The definitions and rules of interpretation in this condition apply in these conditions.

Business Day: Monday to Friday excluding Bank Holidays.

Buyer: the person, firm or company who purchases the Goods from the Company.

Company: La Bandiera Limited.

Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.

Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

2 APPLICATION OF TERMS

2.1 The Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.

2.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

2.4 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

3 JURISDICTION

3.1 These terms and conditions and the Contract shall be governed by and construed in accordance with English Law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

4 ALTERATIONS

4.1 The Company reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this website.

5 DESCRIPTION

5.1 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

6 DELIVERY

6.1 The following delivery prices are applicable for the UK mainland only;

£5 for orders up to £45 (UK mainland only);
FREE delivery for orders over £45 (UK mainland only).

6.2 For orders to be delivered outside of the UK mainland please contact the Company for a quotation for delivery.

6.3 Orders received Monday to Friday prior to 12 noon will be dispatched for next Business Day delivery. Orders received on Saturday, Sunday or after 12 noon on Friday will be dispatched on Monday for next Business Day delivery. (Bank holidays excluded)

6.4 Please be aware that a signature is required by the courier to confirm receipt of delivery.

6.5 The Company cannot accept responsibility for any parcels not being delivered due to incorrect delivery information or non deliveries due to the recipient being absent at time of delivery.

6.6 Any delivery dates specified in this clause 6 by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.

6.7 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds [60] days.

6.8 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within [14] days of the date when the Goods would in the ordinary course of events have been received.

6.9 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note.

7 PRICE

7.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company's price list published on the date of delivery or deemed delivery.

8 PAYMENT

8.1 The Company accepts payment by most major credit or debit cards. Payment will be accepted in Sterling only.

8.2 Payment must be made at the point of making the order.

8.3 All credit and debit cards are subject to validation checks and authorisation by the card issuer.

8.4 Time for payment shall be of the essence.

8.5 No payment shall be deemed to have been received until the Company has received cleared funds.

8.6 If the Buyer does not want to make card payments over the internet they may order and pay for the goods over the telephone by calling +44 (0)20 7243 5150. Alternatively the Buyer may post their order to the address below making cheques payable to the Company.

9 CANCELLATION & REFUND POLICY

9.1 The Company wants the Buyer to feel confident about shopping with the Company. If the Buyer has a problem or is unhappy with their purchase then the Company will do its best to put the matter right.

9.2 If the Buyer wishes to cancel their order before it has been dispatched for delivery they can do so by phoning the Company on +44 (0) 20 7243 5150 for a full refund.

9.3 The Buyer can return any product at their own expense within [7] days of receipt of their order as long as the container or box is unopened and the item is returned in good, resalable condition.

9.4 If the goods are faulty or damaged in transit the Buyer can return the goods to the Company and the Company will provide a replacement. The Company will refund the cost of the return postage associated with returning the order.

9.5 This clause 9 not affect the Buyer's statutory rights – the Distance Selling Regulations allow the Buyer to return any order for a full refund at their own expense within 7 days of receiving it. The Buyer must look after the goods and return them to the Company unopened and in good condition.

10 LIABILITY

10.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

10.1.1 any breach of these conditions, including any deliberate breach of these conditions by a party, or its employees, agents or subcontractors;

10.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

10.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

10.1.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.1.5 Nothing in these conditions excludes or limits the liability of the Company: for death or personal injury caused by the Company's negligence; or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation.

10.2 Subject to condition 10.1.4 and condition 10.1.5:

10.2.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and

10.2.2 the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused)] which arise out of or in connection with the Contract.

11 FORCE MAJEURE

11.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of [60] days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

12 GENERAL

12.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

12.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

12.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

12.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

12.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

12.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.

13 IMPORTANT HEALTH NOTICE

13.1 The products the Company supplies may contain seeds or nuts or may have been processed or packed in food premises where seeds or nuts may also be handled.

FULL COMPANY NAME

La Bandiera Limited

REGISTERED OFFICE

c/o JST Lawyers, Colonial Chambers, Temple Street, Liverpool L2 5RH

COMPANY NO. 06394176