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JAMES MARTIN MARKETPLACE TERMS AND CONDITIONS

1.                 THESE TERMS

1.1              What these terms cover. These are the terms and conditions on which sellers supply products to you through the James Martin website at https://shop.jamesmartinchef.co.uk (the “Website“).

1.2              Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who sellers are, how they will provide products to you, how you and sellers may change or end the contract, what to do if there is a problem and other important information.

2.                 INFORMATION ABOUT SELLERS AND THE WEBSITE  

2.1              Who operates the Website. Fast Food Productions Limited (“FFP”) operates the Website.  They are a company registered in England and Wales. Their company registration number is 06433037 and their registered office is at 4 Gransden Park, Potton Road, Abbotsley, Cambridgeshire, PE19.

2.2              Who are the sellers.  The Website offers products from a number of suppliers.  You can find a full list of all sellers on the Website here: https://shop.jamesmartinchef.co.uk

2.3              What is the relationship between you, the Website and sellers.  The Website is an online venue showcasing products from a variety of sellers.  It includes an e-commerce store which allows you to browse and buy some of those products directly from different sellers.  Before you checkout, the Website will explain to you which seller provides each product.

2.4              Contact information. If you have a question, or concern, you can get in touch with FFP by writing to shopsupport@jamesmartinchef.co.uk or by telephone on 020 7384 9950. FFP will try to help you in the first instance, and otherwise will put you in touch with the relevant seller.

2.5              How we may contact you. If FFP or a seller needs to contact you we will do so by telephone or by writing to you at the email address or postal address you provided in your order.

2.6              ”Writing” includes emails. The words “writing” or “written” in these terms includes emails.

2.7              Who is our contract with. When you buy one or more products through the Website, you are buying them directly from the sellers who supply them.  Your contract for the purchase of each product is with the seller, FFP operates the Website and promotes products on behalf of sellers, but is not party to that contract.  Sellers themselves are responsible for providing the products you order.  

2.8              What if you buy from more than one seller.  If you order products from more than one seller, then when you place your order, it counts as separate orders to each of the sellers involved.  If those orders are accepted, then you will enter into a separate contract with each of the sellers in respect of the products they supply.

2.9              What are the terms of my contract with the sellers.  For each order accepted by a seller a contract will come into place directly between you and that seller.  The terms of that contract are set out below.  The words “we”, “us”, and “our” in these terms refer to the seller for each order.

3.                 TERMS AND CONDITIONS OF SALE BETWEEN YOU AND EACH SELLER

3.1              How we will accept your order. Our acceptance of your order will take place when we (or FFP, writing on our behalf) email you to accept it, at which point a contract will come into existence between you and us.

3.2              If we cannot accept your order. If we are unable to accept your order, we will let you know and not charge you. This might be because the product is out of stock, because we identified an error in the price or description of the product, because we are unable to meet a delivery deadline or because we do not deliver to your location.

3.3              Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.                 OUR PRODUCTS  

4.1              Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display shape, size, style, and colours accurately, we cannot guarantee they’ll look exactly the same, although there’s unlikely to be any material noticeable variation. So, your product may vary slightly from those images.

4.2              Product packaging may vary. The packaging of the product may vary from any packaging shown on the Website.

5.                 YOUR RIGHTS TO MAKE CHANGES  

If you wish to make a change to your order please contact FFP or get in touch with us directly. 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, timing or anything else necessary as a result and ask whether you wish to go ahead.

6.                 OUR RIGHTS TO MAKE CHANGES

We may change products to address product safety or manufacturing issues, such as by slightly tweaking the shape or configuration of products or materials used. These changes will not have a material effect on your use of the product.

7.                 PROVIDING THE PRODUCTS  

7.1              Delivery costs. The costs of delivery will be as displayed to you on the Website.

7.2              When we will provide the products. During the order process we will let you know when we will provide the products to you.

7.3              We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control 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 products you have paid for but not received.

7.4              If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5              If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 or collection we may end the contract, in which case we will refund you but may deduct or charge you reasonable compensation for net costs we incur as a result.

7.6              When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.7              When you own goods. You own a product once we have received payment in full.

7.8              Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.8.1         deal with technical problems or make minor technical changes;

7.8.2         update the product to reflect changes in relevant laws and regulatory requirements; 

7.8.3         make changes to the product as requested by you or notified by us to you (see clause 6).

You may contact us to end the contract for a product if this leads to a delay of more than 14 days.

8.                 YOUR RIGHTS TO END THE CONTRACT  

8.1              You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1         If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;

8.1.2         If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3         If you have just changed your mind about the product, see clause 8.3. Depending on the nature of the products you have ordered, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.2              Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in this clause 8.2 the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1         we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);

8.2.2         we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3         there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4         we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

8.2.5         you have a legal right to end the contract because of something we have done wrong.

8.3              Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4              When you don’t have the right to change your mind. You do not have a right to change your mind if you have unsealed our products and they are not suitable for return due to health protection or hygiene reasons, or where the products are perishable, bespoke/customised to your requirements, or liable to deteriorate or expire rapidly (such as in the case of certain food and drink).

8.5              How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.

9.                 HOW TO END THE CONTRACT WITH US

9.1              Tell us you want to end the contract. To end the contract with us the easiest way is to use our online form on our returns page. You can also let us know by sending us the form below by post or email. 

To: returns@jamesmartinchef.co.uk FFP Oakwing HouseSwan LaneWinchesterHampshireSO23 7AA
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME][YOUR ADDRESS][YOUR EMAIL / TELEPHONE (optional)]
 Date: [DATE]

9.2              Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3              When we will pay the costs of return. We will pay the costs of return:

9.3.1         if the products are faulty or misdescribed;

9.3.2         if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the direct costs of return (which may include our direct costs to us for collection).

9.4              How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5              Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1         We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2         The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5-7 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. 

9.6              When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.              IF THERE IS A PROBLEM WITH THE PRODUCT  

10.1           How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details set out in clause 2.

10.2           Summary of your legal rights. We are under a legal duty to supply products in conformity with this contract. See below for a summary of key legal rights. Nothing in these terms affects your legal rights.

Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

10.3           Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.

11.              PRICE AND PAYMENT  

11.1           Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure the price of the product advised to you is correct. However please see clause 11.3 below for what happens if we discover an error in the price of the product you order.

11.2           We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 

11.3           What happens if we got the price wrong. 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.

11.4           When you must pay and how you must pay. We accept payment methods described to you in the order process which explains how and when you must pay.

12.              OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

12.1           We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but 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 order process.

12.2           We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10; and for defective products under the Consumer Protection Act 1987

12.3           We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.

13.              HOW WE MAY USE YOUR PERSONAL INFORMATION  

How we may use your personal information. We will only use your personal information as set out in our privacy policy, as amended from time to time, available here: https://shop.jamesmartinchef.co.uk/index.php/privacy-policy

OTHER IMPORTANT TERMS  

13.1           Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring proceedings in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.

13.2           Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.