Terms & Conditions

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.bijiminispices.com (our site) to you.

Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

  1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means the contract consisting of these terms and any documents mentioned referred to on this page

‘Parties’

means MYPOCKETPROTEIN LTD and you, and Party shall mean either one of us

“Price”

means the price payable for the Products as listed on our website

“Products”

means the products listed on our website

“We/Us Our”

means MYPOCKETPROTEIN LTD t/as Bijimini Spices, a company registered in England and Wales under company number 12319192 whose trading address is 61 Bridge Street, Kington. Herefordshire HR5 3DJ.

“Writing”

includes electronic mail and comparable means of communication.

“You/Your”

means you, the person purchasing Products via our website

  1. How the Contract is Formed Between You and Us

By placing an order through our site, you warrant that:

  • you are a consumer acting for purposes outside of your business;
  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail once we receive payment for the Products (Email Confirmation).

The contract between us (Contract) will only be formed when we send you the Email Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Email Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Email Confirmation.

These terms & conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us.

  1. Description of Goods

All Products are described on our website.

We warrant that:

  • Products descriptions are accurate, honest and fair.
  • Products are free from material defect at the time of despatch.

  1. Allergen Information

All information regarding allergens is clearly stated within the Product descriptions on our website and on the Product packaging.

Even if the allergen is not present in the Product, we cannot guarantee that there has been no residue or airborne cross contamination at the manufacturers or in the supply chain prior to processing.

The absence of an allergen in the Product allergen information should not be taken as an implication that the Product can be guaranteed free from that allergen.

It is your responsibility to check this information before purchasing and consuming any of our Products.

It should be noted that if you are allergic to shellfish then you may also be allergic to crickets.

  1. Website Purchases

You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.

Great care has been taken to ensure that the information available on our website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

  1. Price and Payment

The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

Prices do not include Value added Tax (VAT).

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Email Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

To ensure that shopping online is secure, your debit/credit card details will be encrypted by our third-party payment handler to prevent the possibility of someone being able to read them as they are sent over the internet.  Your credit card company may also do security checks to confirm it is you making the order.

Any discounts offered by us to you for the provision of goods are offered against published price lists or standard rates in force at the date of order, and such discounts or offers are unable to be used in conjunction with any other offers available at that time.

Full payment is required before we will confirm and deliver your order.

All payments must be made by credit or debit card.

  1. Import Duty

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

  1. Availability and Delivery

The Products are sold subject to availability. If on receipt of your order the Products you have ordered are not in stock, we will inform you as soon as possible and issue a refund in respect of any sum that has been paid by you for the Products.

The Products will not be delivered until we receive payment in full for the Products.

Shipping will be made by Hermes Tracked and subject to the above, your order will be fulfilled by the delivery date set out in the Email Confirmation or, if no delivery date is specified, then within 30 days of the date of the Email Confirmation, unless there are exceptional circumstances.

Shipping costs are not included in the Product price and will be show separately on the checkout page.

All and any delivery times quoted are estimates, and We cannot guarantee to deliver at any particular time or date.

  1. Defective Products

We warrant to you that any Product purchased from us through our site will, on delivery be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Any descriptions, images or illustrations contained on our site are produced for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract and shall have no contractual force.

In the unlikely event that the Products do not conform with the above please let us know as soon as possible after delivery. We will collect the Products on a date agreed between us or ask you to return the Products to us at our cost and once we have checked that the Products are faulty, we will:

provide you with a full refund and any applicable delivery charges and any reasonable costs you incur in returning the item to us; or replace the Products.

We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we notified you via email that you were entitled to a refund.

These terms will apply to any replacement Products we supply to you.

  1. Notice of Your Statutory Right to Cancel

You have the right to withdraw from your order at any time before it is accepted by us.

You may cancel a contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

To cancel a contract, you must inform us in writing. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

You must also return the Products to us as soon as reasonably practicable, no later than fourteen (14) days from when you informed us of your decision to cancel, and at your own cost.

You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

You will not have any right to cancel a Contract for the supply of any consumable or perishable products which by their nature cannot be returned.

This provision does not affect your other statutory rights as a consumer.

If you return a Product to us because you have cancelled the Contract between us within the Fourteen (14) day cooling-off period we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day on which we received the returned Products. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

  1. Events Outside of Our Control (Force Majeure)

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. These include, but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond our control.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  1. Limitation of Liability

We disclaim any and all liability to you for the supply of the products to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer.

If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Products.

We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

  1. Communication and Contact Details

If you wish to contact us with questions or complaints, you may contact us by email at info@bijiminispices.com or by writing to us at 61 Bridge Street, Kington. Herefordshire HR5 3DJ.

  1. Data Protection

Data protection legislation’ refers to the Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time.

All personal information that we may collect (including, but not limited to, your name, a delivery address, email address and telephone number) will be collected, used and held in accordance with the provisions of data protection legislation as defined above.

How we collect, use, and store personal information is set out in our privacy policy.

We will not pass on your personal information to any other third parties for marketing purposes without first obtaining your express consent. 

  1. Our Right to Vary These Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Email Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

  1. Other Important Terms

If for any reason, any of the terms included in this agreement become illegal or otherwise unenforceable, the remaining terms will not be affected and will still apply.

The failure by us at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.

The agreement between us for the sale of Products shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by you, without our prior written consent.

A person who is not a party to the contract shall not have any rights to enforce its terms.

  1. Governing Law and Jurisdiction

Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the Courts of England & Wales.

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