Terms of Sale & Refund Policy
Find out more about our terms of sale & refunds
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms, please contact us.
- Information about us and how to contact us
2.1 Who we are. We are Kimbardel (Eversfield) Ltd a company registered in England and Wales. Our company registration number is 15173131 and our registered office is 44 Boulevard, Weston-super-mare, BS23 1NF. Our VAT number is GB 450807305
2.2 How to contact us. You can contact us by calling us on 01837 871400 or by e-mailing us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes communication by e-mail.
- Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you during the checkout process you will not be able to submit your order. You will not be charged.
3.3 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.
3.4 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 nor deliver to addresses outside the UK.
- Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only and may include recipe suggestions or other items not included in your order. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance. You will not be charged or refunded for variations in weight of products within this tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 Packaging will keep perishable goods safe for up to 48 hours. Perishable goods must be consumed, frozen or refrigerated within 48 hours from the time of pack.
- Your rights to make changes
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Christmas orders. We have a no cancellation policy on Christmas Centrepiece orders as we are a small family run business and this is there to protect ourselves. However, if you would like to change the amount of fruit and veg in your order or change the delivery address then this is something that we are more than happy to help you with. If you would like to make any additions, this will need to be done 2 weeks prior to your delivery date.
- Our rights to make changes
6.1 Minor changes to the products. We may change the product or cancel the order if there are changes in relevant laws and regulatory requirements. We will contact you by telephone or email to let you know of any change or cancellation required by law or regulation.
6.2 Substitution of products. Where you have ordered a product which we cannot provide (by way of example, because it is a perishable product which would not be edible by the time it is delivered to you) we may, at our sole discretion, provide a substitute of that product which we believe to be similar or materially identical to the product you ordered. You will not be charged additional fees for substituted products. Before making a substitution we may attempt to contact you by telephone or email to confirm the substitution with you.
- Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
7.3 Late Delivery. If your delivery arrives outside of the period indicated to you during the order process we may offer you a refund of the difference between the delivery cost at your elected period and the delivery cost for the time the products are delivered.
7.4 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.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery of your order it will be left at a safe and convenient place, which you have specified to us in your order. If the products cannot be left at a safe and convenient location, or you are not in, our courier will leave your products either;
7.5.1 with a neighbour; or
7.5.2 in a place which the courier determines to be suitable
We take no responsibility for any lost or damaged products if either 7.5.1 or 7.5.2 happens, there is no one at the address you have provided at the delivery slot you have selected to accept your order or if you fail to specify a safe and convenient location.
7.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us, or take any of the steps outlined at 7.5.
7.7 When you own the goods. The products which form your order become your goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery instructions. We ask for this information when checking-out on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Your rights to end the contract
8.1 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:
8.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract, see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
8.1.3 If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 5.
8.2 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 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Where an order contains perishable products. You cannot cancel any order that contains perishable products (for example, meat) after 9am one week before the delivery date you specify in your order.
8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.5.1 products which are perishable products (such as raw meats);
8.5.2 products sealed for health protection or hygiene purposes, once these have been unsealed after delivery;
8.5.3 any products which become mixed inseparably with other items after their delivery.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered (regardless of whether you are in to receive the delivery or not). If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or e-mail. Call us on 01837 871400 or e-mail us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
9.1.2 By post. Print off the Order Cancellation Form and post it to us at the address on the form. If you simply write to us at that address, including the information required in the form, it may take us longer to process your cancellation.
Please note that if you wish to end the contract before products are dispatched, we must receive notice from you at least one week before your selected delivery date.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us, unless those products are perishable. You must either return the goods in person or post them back to us at Ellacott, Bratton Clovelly, Okehampton, Devon, EX20 4LB.Please call us on 01837 871400 or e-mail us at firstname.lastname@example.org for a return label or to arrange collection. We may charge for collection of products.
9.3 How we will refund you. We will refund you the price paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.4 Deductions from refunds. If you are exercising your right to change your mind:
9.4.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.4.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible.
- Our rights to end the contract
10.1 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:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- If there is a problem
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can call us on 01837 871400 or by e-mail us at email@example.com
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
For the avoidance of doubt, perishable products (such as meat) once dispatched for delivery cannot be returned.
- Price and payment
12.1 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 2 for what happens if we discover an error in the price of the product you order.
12.2 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, 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 unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.3 When you must pay and how you must pay. We accept payment by Master Card, Visa, Visa Delta, Switch, American Express, and Apple Pay. You must pay for the products before we dispatch them. If you have subscribed to receive products on a reoccurring basis, we will take payment from the payment details you provide to us seven days before the date of despatch.
12.4 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.
- Our responsibility for loss or damage suffered by you
13.1 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.
13.2 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
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 if you gave your consent to do so during the order process, to inform you about similar/complimentary products that we or third parties provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to third parties where;
14.2.1 the law either requires or allows us to do so; or
14.2.2 you have agreed that we may share your information with third parties.
- Other important terms
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 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.
15.6 The law that applies to this contract and where legal proceedings can be brought. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or English courts.