These Terms and Conditions govern your relationship with Crowdbutching.com Ltd (a company registered in England with company # 11154329 and whose registered office is at Centenary House, Peninsula Park, Rydon Lane, EX2 7XE, Exeter, Devon, UK
("Crowdbutching", "we", "our" or "us") and all orders that you may make for the meat, food and Products advertised for sale by us (the "Products") via the Crowdbutching Websites (the "Website"):
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Crowdbutching.
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 14 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Crowdbutching.
These Terms and Conditions were last updated on 2018-03-27 .
- To order from Crowdbutching, you must register with us. This is referred to as 'Register' throughout our Website and literature. However, this is not a credit account; payment will be required when placing an order. This account can be set up by following the instructions on the Website or automatically by placing your first order.
- To register with Crowdbutching you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.
- Following your set up of an account, we will email confirmation of your account set up to you. For your records, please save these terms and conditions for your future reference.
- Password and security
- When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website.
- If Crowdbutching has reason to believe that there is likely to be a breach of security or misuse of the Crowdbutching Website, we may require you to change your password or we may suspend or cancel your account.
- The 'remember me' facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable 'remember me' on your machine if you are sure that it will not be misused by anybody else. We do NOT advise enabling 'remember me' if you use a shared computer.
- No payment information is stored within our systems. Your full or redacted payment card details are encrypted, stored and processed by a fully PCI compliant third party provider (Stripe), and are inaccessible to any Crowdbutching staff or any other third party. You can store store your payment information with Stripe when you order with us to enable quicker payment for your next orders, but this is optional.
- Your card will directly be charged for the goods which you have ordered.
- We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
- If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.
- Product purchases
- You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
- No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'continue to payment' in the 'checkout' page, provide your payment information and sucessfully pay for your order. A contract for our sale of Products to you arises on our confirmation of your order.
- Where we accept an order, we do all that we can to ensure that your order is fulfilled. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.
- The price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the 'continue to payment' button.
- Ordering a Product from us carries with it the obligation to pay for it. We reserve the right to deliver and charge in full for any order you have placed. We make up the deliveries for despatch and obtain the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9 below. Any payments you have made for orders which have been properly cancelled will be recredited to you.
- Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
- We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
- All prices for Products are inclusive of any applicable VAT.
- Delivery of Products and inspection by you
- We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you place your order with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.
- We endeavour to keep your delivery day the same, but we reserve the right to change it (due to a national holiday for example) and will tell you in advance if we do so.
- If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless we have delivered them to you.
- We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.
- You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by emailing via email ( firstname.lastname@example.org ). We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 10.
- Excluded services
- It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
- Availability of the Website
- Although Crowdbutching aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email ( email@example.com ).
- Cancellation rights
- Crowdbutching may suspend or cancel any accepted order or your registration immediately if you breach any of your obligations under these Terms and Conditions or at our reasonable discretion, for example:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price.
If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.
- You have the right to cancel your order within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us ( Crowdbutching.com Ltd, Centenary House, Peninsula Park, Rydon Lane, EX2 7XE, Exeter, Devon, UK, firstname.lastname@example.org ) of your decision to cancel your order by a clear statement (e.g. a letter sent by post e-mail). 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 can cancel your registration with us at any time online, or by emailing us. If you do so, you must stop using Crowdbutching's services. The rights set out at this paragraph 9.1 are in addition to your rights at paragraph 10.2.
Effects of cancellation
If you cancel your accepted order, we will reimburse to you all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel your order.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your order cancellation to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
- Warranties and Crowdbutching's liabilities
- Whilst Crowdbutching tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Crowdbutching may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
- We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.5. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
- The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.
- We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you; any losses which are not caused by any breach by us; or business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
- Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
- Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
- We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
- Your statutory rights
- If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
- It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
- Applicable law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
- The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
- You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
- If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Crowdbutching Website and all the orders you have placed with us. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Crowdbutching or use the Crowdbutching Website. If you continue to use the Crowdbutching Website, your use of the Crowdbutching Website indicates your agreement to be bound by the new Terms and Conditions.
- Allergens / additives
We don’t use any E Numbers, sugar, binding agents, or other unnecessary additives in our Products. For detailed information about allergens, please read our FAQ here
Please be advised
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.