Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call + 44 (0) 3454 04 05 06.
The information summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- We, us or our means Maxim’s de Paris and /or Maxim’s Caviar and / or Neuvic UK Ltd.
References to us in these Terms also includes any group companies which we may have from time to time.
- Our site or our website
refers to the any site on which these terms and conditions are displayed, including, but not limited to the following websites:
________
- You or your means the person accessing or using our site to make purchases from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
- e-mail: contact@maxims-caviar.com, or
- telephone: +44 (0) 7500250812
Pease note, calls will be answered at the following times:
Monday –
Friday from 9 am to 5 pm
Saturday from 9 am to 12 pm
Sunday
– not open
Bank holidays – excluded
We may record calls for quality and training purposes.
Who we are
Maxim’s de Paris is a brand distributed by Neuvic UK Ltd a company registered in England and Wales under number 10987251 whose registered office is at Lincoln House, 300 High Holborn, WC1V 7JH (we or us).
We are registered with VAT registration number 285064784.
The details of this contract will not be filed with any relevant authority by us.
Terms and Conditions of Sale
A Introduction
1 These terms and conditions apply to any sale of goods on our site. If you buy goods on our site you agree to be legally bound by this contract and the terms and conditions contained herein.
2 This contract is only available in English. No other languages are available for this contract.
3 When buying any product on our site you also agree to be bound by:
(a) our terms and conditions of use and any documents referred to therein
All these documents form part of this contract as though set out in full here.
B Information we give you
1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
(a) read the Confirmation email that will be sent to you when you have ordered (see clause below)
(b) login to your account on our site and view the information in your order history, or
(c) contact us using the contact details at the top of this page.
2 The key information we give you by law forms part of this contract (as though it is set out in full here).
3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
C Ordering from us
1 Here we set out how a legally binding contract between you and us is made.
2 You place an order on our site by doing the following:
You add products to a basket; Then click the basket to proceed to check out; Finally complete the process and click “pay now” to confirm the order.
3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4 When you place your order at the end of the online checkout process (eg when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.
5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the product is unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the product from us;
(d) we are not allowed to sell the product to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the product.
7 We will only accept your order when we send you an Email to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) your order will be fulfilled
8 You must be over the age of eighteen years in order to purchase products and/or services from this website.
D Cancellations
Requests for cancellations must be made before 11am on your Dispatch Date – see your Order Confirmation email and Order History for details.
E Return and refund
- You must inspect the Goods on delivery or collection.
- If you identify any damages or shortages, you must inform us in writing within 1 day of delivery, providing details.
- Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
- Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
-
We will
be under no liability or further obligation in relation to the Goods
if:
- you fail to provide notice as set above; and/or
- you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
- the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
- the defect arises from normal wear and tear of the Goods; and/or
- the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
- You bear the risk and cost of returning the Goods.
- Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day after delivery.
F Payment
1 We accept the following means of payment:
Visa
Mastercard
Paypal
Maestro
Discover
2 We will do all that we reasonably can to ensure that all of the information you give us when paying for is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
3 Your credit card or debit card will only be charged when you confirm your order.
4 All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.
5 If your payment is not received by us and you have already received any goods, you must pay for such goods within 30 days.
8 The price of the goods:
(i) is in pounds sterling (£)(GBP);
(ii) includes VAT at the applicable rate; and
(iii) does not include the cost of:
– delivering the goods (delivery options and costs will be provided before you place your order)
– any carrier bags (which cost a minimum of 5p each).
G Deliveries
We will arrange a delivery of the goods to the address specified by you. We will contact you beforehand by phone or by email to arrange a delivery at a convenient time.
All our orders are prepared carefully using special polyboxes and gel packs to guarantee a perfect control of the temperature.
Products must be placed in a fridge as soon as received.
Deliveries from Tuesday to Saturday (cut off time 12 pm for next day delivery)
Minimum order £150 for a free delivery – Delivery charge of £19.95 ex VAT will be added on orders below £150.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a- store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
b- make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
c- after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
H End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
I Limitation of liability
- Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
- Subject to the clause above on Cancellation and Refund and Return, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
- If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
- Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
-
We will
not be liable (whether caused by our employees, agents or otherwise)
in connection with the Goods, for:
- any indirect, special or consequential loss, damage, costs, or expenses; and/or
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; and/or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
- any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
- any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
- The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation
J Circumstances beyond the control of either party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
K Indemnity and insurance
You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under this contract.
2 You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under this contract. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.
L Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
M Disputes
1 We will try to resolve any disputes with you quickly and efficiently.
2 If you are unhappy with:
(i) the product(s);
(ii) our service to you; or
(iii) any other matter;
please contact us as soon as possible on contact@maxims-caviar.com or +44 (0) 7500250812.
3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.
4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
5 The laws of England and Wales will apply to these Terms.
N Data protection
- When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
- The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
- For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
- The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
- The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
- The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact us at the following e-mail address: contact@maxims-caviar.com