Terms and Conditions

Please read this carefully. By submitting an order to The Fresh Pasta Company you are agreeing to the terms and conditions that appear below which apply to any purchase made.

Last updated: 3rd January 2008

1 PURCHASE CONTRACT

1.1 This web site is operated by The Fresh Pasta Company ("we", "us" or "our"). All purchases made by phone, email or fax are governed by these Terms and Conditions at any time.

2 PRICE AND DELIVERY CHARGES

2.1 Please contact us for price lists and delivery charges.

3 METHODS OF PAYMENT

3.1 Payment may be made by debit, credit or charge card, cheque or bank transfer.

3.2 We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.

3.3 You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

4 DELIVERY

4.1 We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we will contact you to offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute.

4.2 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.

4.3 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by the courier in which case we can not guarantee that the product will be fit to use when redelivered. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.4 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.

5 DEFECTIVE GOODS

5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us.

5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.

6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS

6.1 You may amend your order placed over the phone, by email or fax at any time prior to the following cut off times: cut-off point for changes is before 12 noon on the day before delivery.

6.2 Should you wish to cancel your order outside the cut off period set out in paragraph 6.1 we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery.

7 WARRANTY AND LIABILITY

7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights.

7.2 In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

8 PRIVACY

8.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.

9 CUSTOMER COMPLAINTS

9.1 Any Customer complaints should be addressed to Mark Garcia-Oliver within 14 days, through the contact form or telephone number of which are listed on our website in "Contact Us".

10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS

10.1 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.

10.2 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.

11 GENERAL

11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders.

11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.