Terms & Conditions
Thank you for accessing this website www.tomhixson.co.uk. Please read this agreement carefully before using the Tom Hixson & Co Ltd website. If at any time you do not agree to these Terms and Conditions then you may not use this site. We reserve the right, at our discretion, to update and/or revise these Terms.
PLEASE NOTE THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS
- Use of Tom Hixson & Co Ltd website
- Returns / Cancellations / Refunds / Amendments
- Code of Conduct
- Promotional Offers
- Limitations & Liability
- Intellectual Property
- Suspension or cancellation of registration
For the purpose of these Terms & Conditions the use of “We” and “Us” shall mean Tom Hixson & Co ltd
1. Use of Tom Hixson & Co Website
1.1 The Tom Hixson & Co website is provided free of charge for you personal use subject to these Terms and Conditions. By using the Tom Hixson & Co website or by registering with the Tom Hixson & Co website you agree to be bound by these Terms and Conditions.
1.2 Subject to these Terms and Conditions, you are authorised to view our website for your personal use. We may change, suspend or discontinue the use of the website at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict access to parts or all of the services without notice or liability.
1.3 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the services, including, without limitation, modems, routers, hardware, software, and long distance or local telephone services.
2.1 We may update / change these Terms and Conditions from time to time. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Tom Hixson and Co Ltd or use the Tom Hixson and Co Ltd website. If you continue to use the Tom Hixson & Co website after the date on which the changes take effect then it will be deemed that you agree to be bound by the new Terms and Conditions.
3.1 You may submit orders for Products by using our online ordering facility on the Website at any time. 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.
3.2 Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date, and frequency of the order of each item in your shopping basket when you choose to 'check out & deliver'. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'place order'. After you have clicked 'place order' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered.
3.3. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
3.4. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'place order' in the shopping basket 'order summary' page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
3.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. 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.
3.3. Some of our Products are priced by weight. We show the prices for weights on the Website. The weight you receive may vary from this guide. The weight on the website for each product is set below the average weight for each product. Therefore the weight of the product you receive will match or exceed the weight set on the weight. You will be charged for the set weight, even if the actual weight of your product exceeds this.
3.6. 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.
3.7 When you place your order on our website the value of your order is allocated to your credit / debit card or credit account. Please note we do not accept American Express.
4.1 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.2 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery on the agreed date, at the time delivery was attempted.
4.4 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
4.5 It is compulsory – if there is no person at designated delivery address to receive the goods – for special instructions to be given at the relevant point of the order process. Special instructions will give details of a secure location for the goods to be left at the designated delivery address. Once the courier has left the order in the agreed secure location, the risk in the goods shall pass to the buyer.
5. Returns / Refunds / Cancellations / Amendments
5.1 Due to the nature of our business and the laws governing fresh food, we are unable to accept returns. Should you have a problem with your delivery you will need to contact one of our friendly customer advisors who can help you with your request. They can be reach on 020 7248 3569 or email firstname.lastname@example.org.
If you are unhappy with the specifications of an item you have received, please take images of the product and include these in an email to us. We can use these to investigate the issue thoroughly with the relevant supplier.
If for exceptional circumstances a refund is authorised the refund will be made onto either the credit / debit card the order was placed on or a credit will be processed onto the credit account if one exists with us. No cash refund will be made.
5. 2 If a product ordered is not available on day of dispatch, you will receive a replacement of a like to like product. You will receive an email at 11.00am, 1-day prior to the order delivery with notification of the replacement product. You will have until 1.00pm that day to respond and confirm the replacement or request a refund. If we do not hear back by 1.00pm, the replacement product will be dispatched and any further order amendment requests cannot be made.
5.3 Cancellations or amendments to orders can be made within 12 hours of placing your order.
6.1 To register with Tom Hixson & Co Ltd you must be over eighteen years of age
6.2 You must ensure that the details you provide on registration are accurate and complete.
6.3 You must inform us immediately of any changes to the information provided by you on registration updating your personal details.
7.1. 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.
7.2. If Tom Hixson and Co Ltd has reason to believe that there is likely to be a breach of security or misuse of the Tom Hixson and Co Ltd Website, we may require you to change your password or we may suspend or cancel your account.
7.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
9. Code of Conduct
9.1 You may not use any part of our site for any of the following purposes:-
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practise.
Gaining unauthorised access to other computer systems
Interfering with any person’s use or enjoyment of the Tom Hixson & Co website.
Breaching any laws concerning the use of public telecommunications networks
Interfering or disrupting networks or websites connected to the Tom Hixson & Co website.
Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
9.2 Tom Hixson & Co Ltd reserves the right to remove any material already posted on its website or refuse to post any material on its website.
10. Promotional Offers
10.1 From time to time, Tom Hixson & Co Ltd may provide you with promotional codes by way of promotion or otherwise, which may be redeemed by you against a subsequent order placed on the Tom Hixson & Co website.
10.2 The promotional codes, when entered at the appropriate time during the ordering process, will activate the promotion for the corresponding promotional code and will immediately be shown in your shopping basket.
10.3 Failure to enter the correct code or an out of date code will not show anything up in your basket. Should you be having difficulty with a promotional code then please contact Customer Services before submitting your order.
11.1 The Tom Hixson & Co website includes links to other websites or material which are beyond our control. Tom Hixson & Co ltd is not responsible for the content of these links, the internet, the World Wide Web or for sites outside Tom Hixson & Co. You therefore agree that Tom Hixson & Co Ltd having no control over such sites cannot be held accountable for the availability of these pages.
12. Limitations & Liability
12.1 The Tom Hixson & Co website and any software is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
12.2 Tom Hixson & Co ltd assumes no liability for any viruses or any other disabling features that affect your access to or use of the Tom Hixson & Co website.
12.3 Tom Hixson & Co ltd assumes no liability for any incompatibility between the Tom Hixson & Co website and other websites, services, software and hardware.
12.4 To the full extent allowed by law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Tom Hixson & Co website.
12.5 Nothing in this paragraph applies to Tom Hixson & Co Ltd’s liability in respect of products sold.
12.6 Nothing in these Terms and Conditions shall exclude Tom Hixson & Co ltd’s liability for personal injury or death caused by its negligence.
13. Intellectual Property
13.1 The content of the Tom Hixson & Co website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Tom Hixson & Co website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
13.2 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Tom Hixson & Co website without prior written permission from Tom Hixson & Co Ltd.
13.3 No Licence is granted to you in these Terms and Conditions to use any trade mark of Tom Hixson & Co ltd.
14. Suspension or cancellation of registration
14.1 Tom Hixson & Co Ltd may suspend or cancel your registration at any time at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
14.2 You can cancel your registration and your right to use Tom Hixson & Co Ltd at any time by informing us in writing. If you do so you must stop using the Tom Hixson & Co website.
14.3 The suspension or cancellation of your registration and the right to use the Tom Hixson & Co website shall not affect either party’s rights or liabilities.
14.4 Paragraphs 8 and 9 of these Terms and Conditions shall remain in force after cancellation.
15.1 You may not assign, sub-license or otherwise transfer your rights under these Terms and Conditions
15.2 If any of these Terms and Conditions is found to be invalid by any court of law having competent jurisdiction, the validity 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 and enforceable.
15.3 Tom Hixson & Co ltd shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
15.4 If you breach these Terms and Conditions and Tom Hixson & Co ltd ignores this, Tom Hixson & Co ltd will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.
Tom Hixson & Co Ltd, registered number 927254, a company registered in England and Wales whose registered office is at 221 Central Markets, Smithfield, London EC1A 9LH.
VAT No. 245 7276 44