Terms & Conditions

1 DEFINITIONS

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;

1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;

1.6 “Supplier” means Da Vinci Restaurant is a trading name of Colitto LTD registered in Scotland under company number SC614365.

1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.8 “Website” means hendersonfinefoodco.com

 

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

2.6 Any complaints should be addressed to the Supplier’s address or emailed to davincirestaurant@hotmail.com

 

3 ORDERING

3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

3.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.

 

4 PRICE AND PAYMENT

4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. The shown price excludes delivery charges.

4.2 The total purchase price, including VAT and excluding delivery cost, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.

4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

 

5 PERFORMANCE OF SERVICES

5.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

6.3 The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.

6.4 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

 

7 DELIVERY

7.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.2 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

7.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

7.6 If the customer refuses a deliver for whatever reason, the parcel is automatically returned to the Supplier and a return delivery charge is applied to the Buyer.

 

8 CANCELLATION AND RETURN

8.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

8.2 Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.

8.3 Goods to be returned must clearly show the order number obtained from the Supplier on the package.

 

9 LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

 

10 WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

11 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

13 CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

PRIVACY POLICY

This privacy policy sets out how Colitto ltd uses and protects any information that you give to Colitto ltd when you use this website. We at Colitto are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Henderson Fine Food Co may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Colitto ltd is registered with the information commissioner as a data controller under the following reference number -ZA544809

 

WHAT WE COLLECT

We may collect the following information via our website and social media platforms:

 

– Name

– Contact information including email address

– Demographic information such as postcode, preferences and interests

– Other information relevant to customer surveys and/or offers

 

WHAT WE DO WITH THE INFORMATION WE GATHER

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

 

– Internal record keeping.

– We may use the information to improve our products and services.

– We may periodically send promotional emails about new products, exclusive offers or other information which we think you may find interesting using the email address which you have provided.

– From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests or to create custom audience settings on social media platforms.

We will not sell, distribute or lease your personal information to third parties under any circumstances.

 

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online in line with the General Data Protection Regulation.

 

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at corporate@hendersonhamilton.co.uk, or look for the “unsubscribe” link at the bottom of any of our promotional emails.

We will not sell, distribute or lease your personal information to third parties under any circumstances.

You may request details of personal information which we hold about you under the General Data Protection Regulation. If you would like a copy of the information held on you please write to – The data protection officer, Colitto ltd, 1 Alford Lane, Aberdeen, AB10 1NT

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Returns (‘Dry’ Non-Perishable Goods only)

When you shop online you have the right to a “cooling-off” period of 14 calendar days in the EU (Consumer Contacts Regulations) and 30 days in the UK (Consumer Rights Act 2015) whereby you can withdraw from the contract and return your purchases to the seller.  Perishable goods are not covered by these cooling-off periods, as they might not reasonably last as long as the stipulated 14-day or 30-day thresholds.

If you wish to return any ‘Dry’ non-perishable products, please notify us within 24 hours of receiving your delivery.  Returns must be made at your own cost within 7 days of receiving your delivery.  Please note that we can only accept the return of ‘Dry’ non-perishable products – we cannot accept returns of any fresh or frozen products.  Returns must be received in their original condition.

 

Damaged Products

If any of your products are damaged in any way upon receipt, please call us on +44 1224591810 or email us at dabvincirestaurant@hotmail.com.  Please send an image of the damaged product along with your Order Number and an explanation of the problem.  If the products are faulty through no fault of your own, we will happily replace or refund the affected item/s.

 

 

 

Cancellations (‘Dry’ Non-Perishable and Frozen Goods only)

 

When you shop online you have the right to cancel your purchase for a full refund until 14 days after it was delivered in the EU (Consumer Contacts Regulations) and up to 30 days in the UK (Consumer Rights Act 2015) whereby you can withdraw from the contract and return your purchases to the seller.  Perishable goods are not covered by these cooling-off periods, as they might not reasonably last as long as the stipulated 14-day or 30-day thresholds.

 

Requests for cancellations must be made before 11am on your Dispatch Date – see your Order Confirmation email and Order History for details.  Colitto ltd buys in perishable products specifically to fulfil the orders we receive, and we cannot cancel or refund orders for the perishable products once we have sourced them at your instruction.  These exceptions include:

 

Fresh meat

Fresh poultry

Fresh seafood

Fresh cheese

Fresh homemade sauce

Please make sure you are happy with your Basket before making payment and completing your order.  Please check your Order Confirmation email to review the details of the order that you have submitted.  Colitto ltd cannot be held liable for acting in good faith on incorrect information received.