1 Interpretation

1.1 In this Agreement:

'Buyer'		means the person whose Order for Goods is accepted by the Seller.
'Goods'		means meat, poultry, cured meat, meat products, dairy products or any other item offered for sale by the Seller (including any instalment of the Goods or any parts of them) which the Seller is to supply in accordance with these Conditions and which are available to order from the Website.
'Conditions'		means the terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
'Delivery Date'		means the date specified in the Order as the date on which the Buyer requires delivery of the Goods.
'Order'		means an order for the purchase of Goods from the Website.
'Seller'		means Scotch Beef Limited whose registered office is at 52-54 The Ridgeway, Westcliff-On-Sea, Essex SS0 8NU (Company No. 3998821) trading as Qbutcher.com
'the Website'		means www.qbutcher.com
'Writing'		includes e-mail, facsimile transmission, and comparable means of communication.

1.2 Words importing one gender are to be construed as importing any other gender, and words importing the singular are to be construed as importing the plural and vice versa.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2 Basis of the sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any Order by the Buyer which is accepted by the Seller, subject to these Conditions, which shall govern the Order to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made, by the Buyer.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In making the Order the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.

2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

2.5 Any typographical, clerical or other error or omission in any sales literature, price list, invoice or other document or information issued by the Seller (including the Website) shall be subject to correction without any liability on the part of the Seller.

3 Orders and Specifications

3.1 No Order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller.

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order

3.3 The quantity, quality and description of any specification for the Goods shall be those set out in the Buyer's Order (if accepted by the Seller), subject to clauses 3.4 and 3.5.

3.4 The Seller will not be liable if, for reasons beyond the Seller's reasonable control, the Seller is unable to supply the Goods or part of the Goods to the Buyer. If this occurs, the Seller will notify the Buyer as soon as practicable and seek the Buyer's alternative instructions if necessary.

3.5 The total price charged to the Buyer for any Order may differ slightly from that quoted on the Website as Goods may be priced by weight. In such cases it is impossible for the Seller to give an exact price until the Goods have been weighed. The Seller will use its best endeavours to ensure that the price paid for the Goods is the same as or within 10% of the price quoted on the Website. If the price of the Goods is 10% greater or less than the price quoted on the Website, the Buyer shall be entitled to reject the Goods in accordance with clause 8.4.

3.6 Any Order must be for Goods of a minimum value of £50.00 plus delivery.

3.7 The Seller reserves the right to change, modify, substitute or remove without notice any information displayed on the Website. Prices, Goods and the availability of Goods are subject to change at any time in accordance with market conditions and the perishable nature of the Goods.

3.8 The Seller will only accept an Order for delivery of Goods in mainland United Kingdom, which for the avoidance of doubt means England (excluding Isle of Wight and Isle of Man), Scotland (south and central using Amtrak Express Parcels Limited guidelines) and Wales. If the Buyer is unsure whether his preferred delivery destination falls within these areas he should contact the Seller. Delivery to destinations outside of these areas can be made by special arrangement with the Seller.

4 Price of Goods

4.1 The price of the Goods shall, subject to clause 3.5, be that quoted on the Website.

4.2 The Seller reserves the right, by giving notice in Writing to the Buyer at any time before delivery, to change the price of the Goods in order to rectify any errors contained in the Website or to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller, any change in delivery dates or quantities or specifications for the Goods which is requested by the Buyer. The Order shall then be put on hold until the Buyer gives the Seller notice in Writing of his acceptance of such change in price.

4.3 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.

5 Terms of Payment

5.1 The Buyer shall give authority for the payment of the price of the Goods at the time he makes the Order.

5.2 Payment may be made by cash, cheque, money order, credit card or debit card, and must be in pounds Sterling.

5.3 The Goods will not be delivered to the Buyer until payment is made and the relevant funds have cleared. If the Buyer fails to make any payment or the funds do not clear then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Order or suspend any further deliveries to the Buyer.

5.4 Subject to clause 8.4 no Goods may be returned, and no refunds will be given once the Buyer has received the Goods.

5.5 The Buyer may only cancel an Order by notifying the Seller in Writing or by telephone. If the Seller is notified of any cancellation by 12.00 noon on the day prior to the Delivery Date, the Seller will refund to the Buyer any payment for the Goods, less an Administration Charge of £20.00 plus VAT. Any Order may not be cancelled after 12.00 noon on the day prior to the Delivery Date.

6 Delivery

6.1 Delivery of the Goods will be made by overnight carrier and shall be arranged by the Seller and made to the Buyer in accordance with his Order.

6.2 Orders will be dispatched (if payment has been received by the Seller in accordance with clause 5.3 above) after 3.00pm on the day prior to the Delivery Date. Delivery is guaranteed before 12.00 noon on the Delivery Date. Local deliveries (within 3 miles of the Seller's registered office) will be subject to special arrangement with the Seller.

6.3 The Delivery Date may be a Wednesday, Thursday, Friday or Saturday. If the Buyer requires the Delivery Date to be a Saturday, delivery must be by special arrangement with the Seller.

6.4 Deliveries made on Wednesdays, Thursdays and Fridays (excluding Bank Holidays) are charged at £9.99 per delivery ('the Delivery Charge'). The Delivery Charge includes packing and overnight delivery and is added to the price of the Goods. The Delivery Charge is not subject to VAT. Deliveries made on Saturdays are subject to an additional delivery surcharge, which will be notified to the Buyer by the Seller when the special arrangements referred to in clause 6.3 above are made.

6.5 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

6.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Seller, the Seller may:

6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price of the Order or charge the Buyer for any shortfall below the price of the Order.

7 Risk and Property

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

8 Warranties and liability

8.1 Subject to the conditions set out below the Seller warrants that on the Delivery Date the Goods will be fit for the purpose of human consumption or for any other purpose which the Seller is made aware of and agrees to prior to the Delivery Date.

8.2 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller by telephone or e-mail to info@qbutcher.com within 2 hours of the Goods being delivered to the Buyer or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure.

8.5 If the Buyer is not entitled to reject the Goods under clause 8.4 and is still dissatisfied with the Goods, he must inform his local Environmental Health Officer who may then deal with the matter.

8.6 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Order shall not exceed the price of the Goods, except as expressly provided in these Conditions.

8.7 The Seller shall not be liable to the Buyer or be deemed to be in breach of any contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:

8.7.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

8.7.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

8.7.4 import or export regulations or embargoes;

8.7.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

8.7.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
 
8.7.7 power failure or breakdown in machinery or vehicles;

8.7.8 traffic accidents and road congestion.

9 General

9.1 To place an Order the Buyer must be at least 18 years of age. When the Buyer places an Order he warrants that he is at least 18 years old. The holder of any credit or debit card used by someone under 18 years old to pay for Goods will be liable to the Seller for the price of the Goods and any further costs as if he were the Buyer.

9.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address (including e-mail address) as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

9.3 No waiver by the Seller of any breach of the Order by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision

9.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.

9.5 Access to the Website may be suspended, restricted or terminated at any time without notice.

9.6 These Conditions do not affect the Buyer's statutory rights.

9.7 Any contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.