Terms & Conditions
ATTENTION: THIS NOTICE IS ISSUED BY VERSTEGEN SPICES & SAUCES UK LIMITED (“THE COMPANY”, “US”). THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAMES WWW.VERSTEGEN.CO.UK AND WWW.VERSTEGEN-DIRECT.CO.UK (“WEBSITE”), TO ANY CORRESPONDENCE BY E-MAIL BETWEEN THE COMPANY AND YOU AND TO ANY CONTRACT BETWEEN THE COMPANY AND YOU FOR THE PURCHASE OF PRODUCTS FROM THIS WEBSITE (“CONTRACT”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website on the following basis:
2.1.1 no documents or related graphics on this Website are modified in any way;
2.1.2 no graphics on this Website are used separately from accompanying text; and
2.1.3 the Company’s copyright notice and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from this Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
4.2.2 for which you have not obtained all necessary licences and/or approvals;
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
5. Links to and from other websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
5.2.1 you do not remove, distort or otherwise alter the size or appearance of the Verstegen-Direct logo;
5.2.2 you do not create a frame or any other browser or border environment around this Website;
5.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
5.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
5.2.5 you do not otherwise use any Verstegen or Verstegen-Direct trade marks displayed on this Website without express written permission from the Company;
5.2.6 you do not link from a website that is not owned by you; and
5.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6.1 If you want to purchase goods from this Website, you will be required to register before making your first purchase.
6.2 Registration is free of charge and will be automatically renewed each year providing that you have purchased one product in the previous 12 month period. If you do not purchase at least one product during the 12 month period, you will be required to re-register on this Website.
6.3 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.4 Responsibility for the security of any passwords issued rests with you.
7. The ordering process and prices
7.1 By placing an order and entering your payment details on this Website you shall be deemed to be making an offer to purchase products subject to the terms and conditions set out in this legal notice.
7.2 No offer made by you shall be deemed to be accepted by us until you receive an order confirmation by e-mail. If you do not receive the order confirmation within 24 hours please e-mail or telephone us to confirm that your order has been accepted and payment processed.
7.3 The Company accepts the following methods of payment:
7.3.1 credit cards: Visa and Mastercard;
7.3.2 debit cards: Visa Electron, Visa Delta, Maestro & Solo; and
7.4 All prices set out on this Website are inclusive of any VAT payable on the products.
7.5 Unless otherwise confirmed to you, the prices on this Website shall be exclusive of postage and packing. You shall be informed of the postage and packing costs before you confirm that you wish to submit your order.
8.1 The Company delivers to the whole of the UK, including Northern Ireland. If you live in another country and wish to purchase Verstegen products, please contact the Company’s head office in Rotterdam, using the details found at www.verstegen.nl, and they will be happy to point you in the right direction.
8.2 Your order will either be sent via Royal Mail First Class Parcels (recorded - signed for), or by UPS Standard Delivery delivery.
8.3 The Company aims to dispatch all in-stock items within 24 hours of receipt of payment (excluding weekends and bank holidays). Royal Mail First Class and UPS Standard deliveries usually take 1-3 days from dispatch, but possibly longer for certain geographical locations . The Company cannot guarantee availability of all products and, subject to paragraph 8.5 below, accepts no responsibility for products being out of stock or for delays in delivery.
8.4 In the unlikely event that you do not receive your parcel within 3-5 working days of receipt of order then please contact us by e-mail or telephone. The Company will then track your parcel and let you know its whereabouts.
8.5 If the Company is unable to provide you with any product ordered within 30 days from the day after the day of your order and an extension of time cannot be agreed between the parties, the Contract shall be treated as if it had not been entered into by either party and the Company shall reimburse any monies paid by you within 60 days from the day after the day of your order.
9. Returns policy – Distance Selling Regulations 2000
9.1 Under the Distance Selling Regulations 2000, you have the right to return any product purchased from this Website within seven working days of delivery, beginning with the day after the day on which the product is delivered. If you change your mind within this period, the Company will refund or exchange the product providing that it is returned to us with all the original packaging, tags and labels.
9.2 The cost of returning the product must be met by you. You must ensure that the returned products are adequately packaged and take reasonable care of the products whilst they are in your possession. The Company is entitled to pursue a claim against you if you fail to take reasonable care of returned products.
10. Defective products
10.1 Please inspect any product ordered from this Website immediately on delivery. If a product is damaged or does not correspond with its description or you have received the incorrect quantity, please notify us in writing within 7 working days of delivery by e-mailing firstname.lastname@example.org or by post to the following address:
Verstegen Spices & Sauces UK Limited
Plough Road Centre
10.2 If you fail to write to the Company within 7 working days pursuant to paragraph 10.1 above, you shall be deemed to have accepted the product and shall not be entitled to return it to us, unless it is subject to a defect or failure that would not be apparent on reasonable inspection, in which case you must notify us within a reasonable time after discovery of the defect or failure.
10.3 If you want to make a claim for a defective product or failure to correspond with description, you shall return the product in question to us at the address set out in paragraph 10.1 above together with the delivery note. Please ensure that the product is packed securely using the original packaging where such packaging is available.
10.4 Where a valid claim is made for a defective product or failure to correspond with description, you shall be entitled to a full refund, including delivery costs together with any reasonable return postal charges.
11. Customer service queries
11.1 Should you have any comments or queries please contact our customer services department using the information set out below:
Customer Services Department
Verstegen Spices & Sauces UK Limited
Plough Road Centre
Telephone: 01206 250 200
Fax: 01206 250 236
12. Information on this Website
12.1 While the Company endeavours to ensure that the information and prices on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
12.2 The information and prices on this Website are updated from time to time and may have changed by the time you purchase any of the products advertised on it. You must ensure you check all the details of the products before you purchase them.
12.3 Errors may occasionally occur in connection with the information and prices on this Website. The Company therefore reserves the right to make changes to, and correct errors in, the advertised prices at any time before it accepts your offer to purchase products advertised on this Website.
12.4 The material on this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
13. Limitation of Liability – YOUR ATTENTION IS DRAWN TO THIS CLAUSE
13.1 The Company and any of the Company’s group companies exclude all liability and responsibility for any amount or kind of loss or damage that may result to you (including without limitation, any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption) in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 The Company shall not be liable for any loss or damage resulting as a consequence of a breach of the Contract which was not reasonably foreseeable by both parties when the Contract was formed.
13.3 Subject to paragraph 8.5 above, the Company shall not be liable to you for any failure to provide products under the Contract as a result of factors which could reasonably be considered to be outside the control of the Company, including, but not limited to, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors.
13.4 Nothing in this legal notice shall affect your statutory rights.
14. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 21 January 2009
Business users please read: B2B Terms & Conditions