These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through the Hive Beach Café website at www.hivebeachcafe.co.uk (the “Website”). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Website Terms and Conditions
Whenever you use this Website to order a HIVE BEACH CAFÉ product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Hive Beach Café product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all prices are displayed in pounds Sterling inclusive of UK VAT where applicable (save for our International Deliveries, please see the International Delivery section below for further detail) unless expressly indicated otherwise.
- packaging may vary from that shown on the Website;
- all items are subject to availability. We will inform you as soon as possible if the product(s)
- or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain the property of Hive Beach Café until we have received payment in full from you for those products.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Delivery (including delivery charges and timescales)
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. Cost of Delivery can be seen during the checkout process and will be appended to the final invoice amount. All deliveries are made via the Royal Mail postal services and proofs of postage are obtained when orders are shipped.
Please note that certain products and services may be subject to Additional Terms and Conditions of Sale relevant to the delivery charges and/or timescales applicable to that product or service.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. Hive Beach Café reserves the right to define what can and cannot be delivered to which destination.
Payment – Purchases will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Hive Beach Café products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure
Your right to cancel
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
- Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to food items;
- Additional cancellation terms: Where Additional Terms and Conditions of Sale are applicable to any product or service you have ordered from us, these may also govern your cancellation rights and you should review these carefully;
- Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation and inform us (by post, phone or e-mail only) within seven working days of delivery. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. Please note that we will not accept the return of any damaged or incorrectly supplied products where you fail to notify us of this within seven working days of receiving them.
- Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days of delivery. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned unopened or in the case of furniture, collection arrangements made, promptly at your cost (up to £100 in some cases) which will be notified to you at the time of cancellation.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
The Regulations do not apply to items that contain fresh or perishable food. Full details of how to exercise your rights under the Regulations are set out in the dispatch notification email.
- Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
- Collection: For certain, larger products, we may offer to arrange collection on your behalf and, where this is the case, you will be responsible to pay the costs of such collection (which we will notify to you in advance).
If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Direct Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Other important terms
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.
Additional Terms & Conditions – Gift Certifcates and Vouchers
Cancellations, Amendments, Returns & Refunds
- Hive Beach Café reserves the right to cancel any gift certificates or vouchers if, in our sole discretion, we deem such action necessary.
- Gift certificates or vouchers cannot be exchanged for cash or used to pay for goods on our Website.
- Gift certificates or vouchers cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality.
- Gift certificates or vouchers may be used to purchase goods of a higher price than the amount on the gift card, on payment of the difference.
- Gift certificates or vouchers can be used in the Hive Beach Café restaurant only.
- Gift certificates or vouchers are valid for 24 months from the last transaction (transactions include balance enquiries). Any remaining balance will be cancelled on expiry of the validity period.
- Hive Beach Café will not accept liability for lost, stolen or damaged certificates or vouchers.