What these terms cover
These are the terms and conditions on which we supply products to you.
Information about us and how to contact us
We are DISOTTO FOODS LIMITED a company registered in England and Wales. Our company registration number is 04093997 and our registered office is at 26 Park Royal Road, London, NW10 7JW. Our registered VAT number is GB769677060.
How to contact us
You can contact us by telephoning our customer service team at 0208 965 1853 or by writing to us at 26 Park Royal Road, London, NW10 7JW, sales@disottofoods.co.uk.
How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words writing or written in these terms, this includes emails.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
Our products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
Catch weight. When ordering kilo products and items, prices are subject to the final catch weight of these items and your order will be adjusted to your invoice.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. During the order process we will let you know when we will provide the products to you.
We will deliver them to you as soon as reasonably possible and in any event within 5 Working Days after the day on which we accept your order.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am – 5pm on weekdays (excluding public holidays).
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.1(b) will apply.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
When you own goods. You own a product which is goods once we have received payment in full.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract if what you have bought is faulty or misdescribed you may have a legal right to end the contract.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
How to end the contract with us
Tell us you want to end the contract. To end the contract with us, please let us know by phone or email Call customer services on 0208 965 1853 or email us at sales@disottofoods.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
When we will pay the costs of return
We will pay the costs of return if the products are faulty or misdescribed; In all other circumstances you must pay the costs of return.
How we will refund you
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we will make deductions from the price.
When your refund will be made.
We will make any refunds due to you as soon as possible
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
We may withdraw the product
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 5 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us within 24 hours of receipt of the product. You can telephone our customer service team at 0208 965 1853 or write to us at 26 Park Royal Road, London, NW10 7JW, sales@disottofoods.co.uk.
Summary of your legal rights
We are under a legal duty to supply products that are in conformity with this contract.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay
We accept the following Credit and Debit Cards: Visa, Visa Electron, Master Card, Maestro
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
Other important terms
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.