Terms of service

KETTLE FOODS - TERMS AND CONDITIONS FOR USE OF WEBSITE & ONLINE SALES

1 Definitions

1.1 We have used the following defined terms in these Terms & Conditions in order to make them shorter and easier to read:-

"card issuer" means the issuer of your charge card;

"charge card" means the credit card or debit card, the details of which you provide us with when placing your order;

"contract" means the contract which is formed by our acceptance of your order for the goods;

"delivery date" means the estimated delivery date we give you for delivery of the goods;

"goods" means the goods you order via our website;

"United Kingdom" means England, Scotland, Wales, Northern Ireland;

"we", "us", "our" (and similar expressions) & “Kettle Foods” mean Kettle Foods Ltd;

website” means www.kettlechips.co.uk;

working day” means any day which is not a Saturday, Sunday or English public holiday;

"you", "your" and similar expressions mean you, the person placing an order with us;

"your order" means the order placed by you for goods using our website.

2 Introduction

2.1 These Terms and Conditions set out the basis on which you can visit our website and order/purchase goods through our online delivery service. By visiting our website and/or purchasing something from us you agree to be bound by these Terms and Conditions.

2.2 Please read these Terms and Conditions carefully before using this website and read our Privacy Policy which sets out how we process your personal information.

2.3 We aim to process all enquiries and requests as quickly as possible. However, we reserve the right to restrict, refuse or cancel orders at our sole discretion.  This website is intended for use by United Kingdom residents only aged 18+ and for delivery of our goods within the United Kingdom.

2.4 If you have any questions or comments about this website or want to ask us anything about our Terms and Conditions or returns processes, please contact us via kettleshop@valeosnackfoods.com.  If you have a query regarding our Privacy Policy, please email: privacy@kettlefoods.co.uk;

2.5 Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.6 Our online store is hosted on Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our goods to you.

3 Ordering and contracting procedure

3.1 When you place your order with us it is an offer to purchase the goods requested. You must supply us with your name, United Kingdom address, email address and charge card details to enable us to process your order request.

3.2 After we have received your order and your card issuer has confirmed that you have funds available to purchase the goods; we will check the availability of the goods that you have ordered. If the goods are available from stock, and after we have processed your charge card payment for the goods, we will e-mail you (via your designated email address given to us when you placed your order) to confirm that your order has been accepted. We aim to email this confirmation within five working days of receiving your order.  When we confirm our acceptance of your order, this results in a legally binding contract between us and you. Once your order has been dispatched, we will send you a further email providing you with details of the delivery date upon which we expect your goods will be delivered to your address. Please note that dispatch times are estimates only and should not be relied upon as guaranteed delivery times.

3.3 If the goods are not available from stock, we will e-mail you with details of when we expect to be able to fulfil your order and give you the option to confirm or cancel your order or select an alternative flavour from the products available by e-mail. If you confirm your order or select an alternative flavour, then we will e-mail you and process payment in accordance with the process in clause 3.2.

3.4 If we discover any unforeseen circumstances that mean we cannot complete your order, we will cancel and refund it and advise you of this by email.

3.5 If your order is not acceptable for any other reason (for example, if your card issuer does not authorise your purchase), we will inform you of this by email as soon as possible.

3.6 We only accept orders for cases of goods as specified on our website.

3.7 We will not accept orders from, nor deliver to any address outside the United Kingdom. Additional delivery restrictions, as may apply from time to time, within the United Kingdom are specified on the website.

3.8 If you become aware of any errors with your order or your personal details, please contact us via kettleshop@valeosnackfoods.com.

4 Prices

4.1 The price you must pay for the goods is the price displayed on our website at the time you place your order.

4.2 All prices include VAT.

4.3 Postage and packing to your address is included in the price of the goods.

5 Payment

5.1 By providing us with your charge card details you agree that we may charge the price of the goods you have ordered at the time they are ordered.

5.2 If we do not accept your order for any reason, we will not make any charge to your charge card.

4.3 Any refunds payable in accordance with these Terms and Conditions will be credited to the charge card that you used to purchase the goods.

6 Delivery

6.1 We will deliver the goods to the United Kingdom address you give us when you place your order.

6.2 We would normally expect to deliver the goods within 7 working days of the date we confirm our acceptance of your order. The cost of posting is incorporated into the total cost of your order.

6.3 You are responsible for ensuring that someone is available to accept delivery of the goods. If we are unable to deliver the goods because you are out, you may need to contact the delivery company on the number set out on the card they will leave for you and arrange to collect the goods. Please follow any other reasonable instructions that the delivery company may give you concerning collection of the goods.

6.4 We will try to ensure that the goods are delivered to you by the delivery date we give you. However, delays are sometimes inevitable. We will not be responsible for any financial loss, disappointment or inconvenience which may be caused by any delay or failure to deliver the goods by the delivery date.  We will, however, try to inform you in advance of any likely change to the delivery date.

6.6 You are responsible for the goods from the time that they are delivered to your address.

7 Cancellation of the contract by you

7.1 You may cancel the contract at any time up to 14 days after the goods are delivered to you by notifying us by email at kettleshop@valeosnackfoods.com or post at the address set out in clause 8.1. If your order has already been dispatched, then you will need to either refuse or return the goods. Please find more details in clause 8, Returns, below.

7.2 However, you may not cancel the contract after opening the individual packaging of any of the goods, unless you are exercising your rights in accordance with clause 9.

7.3 If you cancel the contract you must return the goods to us at the address set out in clause 8.1 at your own cost and risk. If you cancel the contract and then you receive the goods you must not unpack them from their outer packaging but must immediately send them back to us. 

7.4 In any event, you must return the goods to us within 14 days of cancelling the contract.

7.5 If you do not return the goods to us within 14 days of cancelling the contract, we will contact you. If we have to collect them from you, we will deduct any costs we incur in recovering the goods from your payment to us prior to re-crediting your charge card.

7.6 Provided that we receive the goods in the condition they were in when delivered to you then we will re-credit your charge card with the amount debited for your order for the goods in question as soon as possible and, in any event, within 14 days of you returning the goods to us. Goods must be returned before a refund can be processed.

7.7 Until you return the goods to us you must keep them in your possession and take reasonable care of them.

8 Returns

8.1 Any returns should be sent to Consumer Returns Kettle Foods Ltd, Unit 8, Harling Road, Snetterton, NR16 2JU.

8.2 You will be responsible for paying your own postage costs in respect of any order that you choose to return, unless the goods are faulty or not as described (in which case clause 9 will apply).

8.3 You will need to include the following with any goods that you return: (i) your name (ii) your address, and (iii) proof of purchase, including your order number. We require these details in order to locate and verify your order details.   We recommend that you use a tracked postage service as we cannot be held responsible for any goods that fail to arrive.  

9 Defective or Incorrect Goods

9.1 We pride ourselves on the quality of our products and, accordingly, we promise that the goods will be of the highest quality and will be fresh, provided they are eaten before the expiry date printed on the packet. If any of the goods are found to be defective in any way we will, at your option, either refund the price you paid for those goods affected or provide replacement goods. 

9.2 If your order is not as described, for example if we have supplied the wrong goods or the incorrect amount of goods we will, at your option, either refund the price you paid for those goods affected or provide replacement goods.

9.3 In the event that the goods are defective or incorrect please contact kettleshop@valeosnackfoods.com by email and we will make arrangements to exchange those goods affected without charge and will refund any postal charges you incur in sending them back to us.

9.4 You must return any defective goods to us within 30 days of having discovered the defect.

9.5 The rights given by clause 9 are in addition to your usual legal rights to compensation if the goods prove to be defective, which are given under English law.

9.6 We cannot be responsible to pay compensation where you have not followed the advice given on the packet about storage and handling of the goods or where you have not opened them before the "best before" date.

10 Data Protection

10.1     We deal with your personal data in accordance with the UK’s data protection law and our Privacy Policy, [insert hyperlink]. We do not collect any personal data about you unless you have placed an order via our website or consented to receive newsletters and other such marketing communications. Any personal data collected following an order for goods is only used to process such order and will only be passed to selected third parties that provide technical assistance and support and perform other functions to support our sales activities. Our third-party service providers include Shopify, our online e-commerce website platform and payment services provider, marketing partners, fulfilment partners and website analytics providers.  Your Personal data will not be sold or passed to any other third party (unless we are legally obliged to do so). If we transfer your personal data outside of the UK, we will take reasonable steps and implement appropriate measures to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in our Privacy Policy and in accordance with data protection law. 

10.2     We collect the following personal data from you: name, postal address, charge card details and email address. Such data is used to send out ordered goods and provide you with the best service. If you sign up for our marketing communications, we will keep your personal data until such time as you request that your information is deleted (if you elect to unsubscribe at any time then we will generally retain a limited amount of your personal information in order to ensure that you are not contacted again). Otherwise your personal data is retained on our database for 2 months after your order is fulfilled and then deleted in accordance with our Privacy Policy [hyperlink].  

10.3     You have a choice about whether or not you wish to receive information from us. We will not contact you for marketing purposes by email unless you have given your prior consent. You can change your marketing preferences and opt out at any time by amending your marketing preferences in your account, by clicking through the ‘unsubscribe’ link or by emailing us at kettleshop@valeosnackfoods.com.   If you opt out of receiving marketing communications, your personal data will be deleted in accordance with our Privacy Policy.

11 Miscellaneous

11.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, industrial disputes, exceptionally severe weather, epidemic, fire, explosion or accident, power failures, acts of terrorism or riot, war or government action, default or failure of one of our third party suppliers (including, without limitation, of raw materials, telecommunications or delivery services).

11.2 You acknowledge the terms of our Privacy Policy found here [hyperlink].

11.3 Any person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.

11.4 The contract between us shall be governed by and interpreted in accordance with English law.

11.5 These Terms & Conditions, together with our current website prices, delivery details and payment details, set out the whole of our contract relating to the supply of the goods to you by us.

12 Changes to these Terms & Conditions

12.1  We may need to amend these Terms & Conditions from time to time, for example, to reflect changing arrangements with our third-party suppliers or changing legal requirements but in respect of any ordered goods, the Terms and Conditions which apply shall be those which you accepted when placing the order.

12.2  Wherever possible, we will publish any changes on our website before they take effect.

 

13           Conditions of Use of Kettle Foods Website

 

13.1     Your access to and use of the Kettle Foods website – this site – is subject to the following terms and conditions (set out in clauses 14 to x19) which by accessing and browsing this site, you accept without any limitation or qualification.

 

14        General Disclaimer

 

14.1     The contents of this site is provided by Kettle Foods for information purposes only and is intended merely to give a general overview of Kettle Foods.  Whilst Kettle Foods has endeavoured to ensure that all the information on this site is correct, the content of this site are provided to you “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KETTLE FOODS ACCEPTS NO LIABILITY FOR ANY STATEMENT, INACCURACY OR OMISSION ON THIS SITE. .Kettle Foods accepts no liability for direct, special, indirect or consequential loss or damages of any kind resulting from the use of any information obtained directly or indirectly from this site or any viruses that may infect your computer equipment or other property on account of your access to, use of, downloading of or browsing in this site.  All such liability is excluded to the fullest extent permitted by law. For these reasons you should neither rely nor act upon any of the information on this site, and if you do, it will be entirely ay your own risk. The information on this site is subject to change and may be amended or withdrawn at any time without notice. These conditions of use may be changed at any time without notice.

 

15        Use of Information Provided to Kettle Foods

 

15.1     Please remember that the security of information transmitted over the internet cannot be assured.  Posting or transmitting any unlawful, threatening, defamatory, obscene or other inappropriate material is prohibited. Please refer to Kettle Foods Privacy Policy by following the appropriate link on this website.

 

16        Copyright

 

16.1     All materials on this site is copyright © 2010-2017 Kettle Foods Ltd, except where specifically stated otherwise. Visitors may read, view, print and download one hard copy of the material for their personal, non-commercial use only.

 

16.2     Visitors may not copy, distribute, sell, publish, display, transmit, reproduce or decompile any part of the material by any means (electronic or not) or for any purpose include it in any derivate works.

 

17        Links to Other Sites

 

17.1     Certain hypertext links in this site will lead you to sites which are not under the control of Kettle Foods.  When you activate any of these, you will leave the Kettle Foods site.  Kettle Foods does not endorse any site to which a hypertext link exists.

 

17.2     KETTLE FOODS ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF LINKING TO ANY SITE TO WHICH A HYPERTEXT LINK EXISTS OR FOR THE CONTENTS OF ANY SUCH SITES AND GIVES NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) AS TO THE INFORMATION ON SUCH SITES.

 

17.3     Kettle Foods has no control over the nature and contents of such sites, the information they contain nor any third party’s products or services. In particular, please note that by downloading computer programs from certain sites, you risk infringing copyright and may introduce computer viruses into your own system.

 

18        Trademarks and Intellectual Property

 

18.1     Trademarks, service marks and logos displayed on this site belong to Kettle Foods or are used by Kettle Foods under licence.  Nothing contained on this site should be construed as granting any licence to use any trademark, service mark or logo displayed on this site without the express written permission of Kettle Foods.

 

19        General

 

19.1     This site is controlled and operated by: Kettle Foods Ltd, (company no. 2238320) 38 Barnard Road,

Bowthorpe, Norwich, Norfolk NR5 9JP, in the UK.    Kettle Foods makes no representation that material in the site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

 

19.2     If any part of these Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms & Conditions will not be affected.

 

19.3     These terms and conditions and everything on this site shall be governed by English law and all matters in connection with them shall be determined by the English courts.

 

We recommend that you print out a copy of these Terms & Conditions and any email correspondence between us for your future reference.

 

Kettle Foods Ltd VAT no GB 8892 2007 31.