Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Christmas Supermarket.
These Terms of Service apply to your use of our website and to purchases made through our online store.
The terms “we”, “us” and “our” refer to Christmas Supermarket Limited, a company registered in England and Wales under company number 03097295, whose registered office is at 22 West Green Road, London, N15 5NN.
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.
Please read these Terms carefully before using our website or placing an order.
By using our website or purchasing from us, you agree to these Terms together with our Privacy Policy, Online Returns & Refund Policy, Shipping Policy and any other terms or policies expressly brought to your attention.
Nothing in these Terms excludes, restricts or affects any rights you have under UK consumer law which cannot legally be excluded or restricted.
1. USING OUR WEBSITE
You may use our website only for lawful purposes.
You must not misuse our website, knowingly introduce viruses or other malicious or harmful material, attempt to gain unauthorised access to our website or systems, or use the website in a manner that infringes the rights of another person.
You are responsible for ensuring that information you provide to us, including your name, email address, billing information and delivery information, is accurate and complete.
If you create an account, you are responsible for keeping your login credentials secure.
2. OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, prices and other information displayed on our website are accurate.
Product images are provided for illustrative purposes. Colours and appearance may vary slightly depending on your device, screen and display settings.
Minor variations in packaging may also occur.
Nothing in this section affects our legal obligation to supply goods that are as described, of satisfactory quality and fit for purpose in accordance with the Consumer Rights Act 2015.
We may change or discontinue products and may limit the quantities available for purchase.
All products are subject to availability.
3. PLACING AN ORDER
When you place an order through our website, you are offering to purchase the products in your basket.
You should check your order carefully before submitting it.
After you place an order, we will normally send you an email acknowledging that we have received it.
An acknowledgement of your order does not necessarily mean that we have accepted it.
A legally binding contract between you and Christmas Supermarket Limited is formed when we confirm that your order has been accepted or dispatched, as specified in our order confirmation process.
We reserve the right not to accept an order where there is a legitimate reason to do so, including where:
- a product is unavailable;
- payment cannot be authorised;
- there has been an obvious pricing or product-description error;
- applicable purchase restrictions have not been met;
- we reasonably suspect fraud or unauthorised activity; or
- we cannot deliver to the address provided.
If we have taken payment and subsequently cannot accept your order, we will refund the relevant amount.
4. CANCELLING OR CHANGING AN ORDER
If you contact us before your order has been dispatched, we may be able to cancel or amend it.
However, we cannot guarantee that an order can be changed or stopped once it has entered our fulfilment or delivery process.
This does not affect your statutory right to cancel qualifying online purchases under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
For information about cancellation rights, returns and refunds, please see our Online Returns & Refund Policy.
5. PRICES AND PAYMENT
Prices displayed to UK consumers on our website will include applicable VAT and other applicable taxes where required by law.
Delivery charges and any other applicable charges will be displayed before you place your order.
The total amount payable will be shown before you submit your order.
Prices may change from time to time, but changes will not normally affect orders that we have already accepted.
If we discover an obvious pricing error, we may contact you before accepting or fulfilling the affected order.
You must provide valid and accurate payment information and confirm that you are authorised to use the payment method selected.
Payment processing may be carried out by Shopify and/or third-party payment providers.
6. DELIVERY
We will deliver your order to the delivery address supplied when you place your order.
Estimated dispatch and delivery times are provided on our website and/or during checkout.
Delivery dates and times may be estimates unless we have expressly agreed otherwise.
We are not responsible for delays caused by circumstances outside our reasonable control, but this does not affect any rights you have under applicable consumer law.
Risk in the goods remains with us until the goods come into your physical possession or the physical possession of a person you have identified to receive them, except where you independently commission a carrier who was not offered by us.
Please ensure that your delivery information is accurate when placing your order.
Further information about delivery areas, charges and estimated delivery times is contained in our Shipping Policy.
7. ONLINE CANCELLATION RIGHTS
For most goods purchased online, consumers have a statutory right to change their mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
For qualifying purchases, you generally have 14 days after the day you receive the goods to tell us that you wish to cancel.
After notifying us of your cancellation, you generally have a further 14 days to return the goods.
Certain goods are excluded from, or may lose, the statutory cancellation right. These can include certain personalised goods, goods liable to deteriorate or expire rapidly and certain sealed goods that are unsuitable for return for health protection or hygiene reasons once unsealed.
Full details of how to exercise your cancellation right, return goods and obtain a refund are contained in our Online Returns & Refund Policy.
Nothing in these Terms restricts your statutory cancellation rights.
8. RETURNS AND REFUNDS
Returns and refunds are handled in accordance with our Online Returns & Refund Policy and applicable UK consumer law.
Where you exercise a statutory cancellation right for an eligible order, refunds will be processed in accordance with the Consumer Contracts Regulations.
Where applicable, this includes refunding the price paid and the cost of our least expensive standard delivery option for the relevant order.
If you selected a more expensive delivery method, such as express or premium delivery, we are not required to refund the additional amount above the cost of our standard delivery option.
For ordinary change-of-mind cancellations, you are responsible for the direct cost of returning the goods where we informed you of this before the contract was entered into.
This does not apply where goods are faulty, damaged, incorrectly supplied or otherwise do not conform to your statutory rights.
9. FAULTY OR NON-CONFORMING GOODS
Under the Consumer Rights Act 2015, goods supplied by us must be:
- of satisfactory quality;
- fit for purpose; and
- as described.
If goods do not meet these requirements, you may have statutory rights to a refund, repair, replacement or price reduction depending on the circumstances and when the problem is reported.
Consumers generally have a 30-day short-term right to reject qualifying non-conforming goods, subject to the requirements and exceptions contained in the Consumer Rights Act 2015.
After that period, statutory rights to repair or replacement and, where applicable, a price reduction or final right to reject may apply.
Nothing in these Terms or our Online Returns & Refund Policy excludes or restricts these statutory rights.
10. SEASONAL CLOSURE
Christmas Supermarket Limited operates a seasonal physical retail store which closes for the season on 24 December.
The closure of our physical store does not end or restrict your statutory rights relating to an online purchase.
After our physical store has closed, online customers can continue to contact us regarding qualifying cancellations, returns, refunds and faulty or non-conforming goods at:
info@christmassupermarket.co.uk
Customers should not attempt to return online purchases to the physical store after it has closed. Please contact us for appropriate return instructions.
11. MANUFACTURER WARRANTIES
Some products may be supplied with a manufacturer's warranty or guarantee.
Any manufacturer's warranty or guarantee is additional to your statutory rights.
A manufacturer's warranty does not replace your rights against Christmas Supermarket Limited as the retailer.
12. INTELLECTUAL PROPERTY
Unless otherwise stated, the content of our website, including our branding, text, graphics, images, design and other material, is owned by or licensed to Christmas Supermarket Limited and is protected by applicable intellectual property laws.
You may use our website for personal, non-commercial purposes.
You must not reproduce, distribute, modify, commercially exploit or otherwise use our website content without our permission except where permitted by law.
Shopify's names, logos and other intellectual property belong to Shopify or its licensors.
13. THIRD-PARTY SERVICES AND LINKS
Our website may contain links to third-party websites or use services provided by third parties, including payment, delivery and ecommerce providers.
We are not responsible for the content or operation of third-party websites that are outside our control.
Where you purchase goods directly from Christmas Supermarket Limited, the involvement of a third-party technology, payment or delivery provider does not by itself remove or restrict any responsibility we have to you under applicable consumer law.
14. SHOPIFY
Our online store is powered by Shopify.
Shopify provides the ecommerce technology that enables us to operate our online store.
However, when you purchase products from Christmas Supermarket Limited, your contract for those products is with Christmas Supermarket Limited, not Shopify.
Certain personal information may be processed by Shopify in connection with providing its services. Further information is contained in our Privacy Policy and Shopify's applicable privacy information.
15. PRIVACY AND COOKIES
We process personal information in accordance with our Privacy Policy.
Our website may use cookies and similar technologies. Information about how these are used, including your choices concerning non-essential cookies where applicable, is provided through our Cookie Policy and/or cookie consent mechanism.
16. REVIEWS, FEEDBACK AND USER CONTENT
If you submit a review, comment or other content to our website, you confirm that you have the right to submit that content and that it does not infringe another person's rights or breach applicable law.
You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display content you voluntarily submit to us for purposes connected with operating, improving and promoting our business and Services, subject to applicable law and our Privacy Policy.
We may moderate or remove content where we reasonably believe it is unlawful, misleading, offensive, infringes another person's rights or breaches these Terms.
Nothing in this section permits us to use your personal information contrary to applicable data protection law.
17. ERRORS AND AVAILABILITY
We make reasonable efforts to keep information on our website accurate and up to date.
Occasionally, information concerning products, descriptions, prices, promotions, availability, delivery charges or delivery times may contain an error.
Where we identify an error, we may correct it.
If an error affects an order you have already placed, we will deal with the matter fairly and in accordance with applicable consumer law.
Nothing in this section permits us to retrospectively alter a contract where we do not have a legal right to do so.
18. PROHIBITED USES
You must not use our website:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property rights or those of another person;
- to transmit malicious software;
- to attempt unauthorised access to our website, servers or systems;
- to collect personal information unlawfully;
- to interfere with the security or operation of the website;
- to impersonate another person; or
- in any other way that violates applicable law.
We may restrict or suspend access where reasonably necessary to protect our website, customers or business.
19. WEBSITE AVAILABILITY AND WARRANTIES
We aim to keep our website available and functioning correctly but cannot guarantee uninterrupted or error-free access at all times.
We may temporarily suspend access for maintenance, security, technical problems or circumstances outside our reasonable control.
Nothing in these Terms excludes or restricts warranties, conditions, rights or remedies that cannot lawfully be excluded or restricted, including your statutory rights relating to goods purchased from us.
20. OUR LIABILITY
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
In particular, nothing excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot legally be excluded or limited.
If you are a consumer, we are responsible for foreseeable loss or damage caused by our breach of these Terms or our failure to use reasonable care and skill, subject to applicable law.
We are not responsible for losses that were not reasonably foreseeable when the contract was formed.
If you use products purchased from us for commercial or business purposes, different legal considerations may apply.
Nothing in this section affects your statutory consumer rights.
21. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for a delay or failure caused by circumstances outside our reasonable control.
Where such an event materially affects our ability to fulfil your order, we will take reasonable steps to minimise the effect of the delay and will contact you where appropriate.
Your statutory rights, including any rights arising from delayed or failed delivery, are not affected.
22. TERMINATION OR SUSPENSION OF WEBSITE ACCESS
We may suspend or terminate access to our website where reasonably necessary, including where these Terms have been materially breached or where required for security, legal or operational reasons.
Termination or suspension of website access does not affect rights or obligations relating to orders already entered into, including your statutory consumer rights.
23. SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary or, where appropriate, removed.
The remaining provisions will continue to apply.
24. ENTIRE AGREEMENT
These Terms, together with the policies expressly incorporated into them, set out the terms governing your use of our website and purchases from us.
Nothing in this section limits rights or remedies available to consumers under applicable law.
25. CHANGES TO THESE TERMS
We may update these Terms from time to time, for example to reflect changes to our business, website or applicable law.
The version applying to an order will normally be the version in force when the relevant contract was entered into.
Changes made after an order has been accepted will not retrospectively remove or reduce rights you already have in relation to that order.
The current version of these Terms will be available on our website.
26. GOVERNING LAW AND JURISDICTION
These Terms and contracts between you and Christmas Supermarket Limited are governed by the laws of England and Wales.
If you are a consumer resident elsewhere in the United Kingdom, you may also benefit from mandatory protections provided by the law applicable to you.
Nothing in these Terms deprives a consumer of any mandatory rights concerning where legal proceedings may be brought.
27. CONTACT AND COMPANY INFORMATION
Christmas Supermarket Limited
Registered in England and Wales
Company Registration Number: 03097295
VAT Registration Number: 384 0304 15
Registered Office:
22 West Green Road
London
N15 5NN
United Kingdom
Email: info@christmassupermarket.co.uk
Questions regarding these Terms, online orders, cancellations, returns or faulty goods can be sent to the email address above.
YOUR STATUTORY RIGHTS
Nothing in these Terms excludes, restricts or affects your statutory rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or other applicable consumer protection legislation.