Users' Agreement

THIS WEBSITE IS ONE OF THE WEBSITES OWNED AND OPERATED BY STEENBERGS LIMITED, WHICH HAS ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT 6 HALLIKELD CLOSE, BARKER BUSINESS PARK, MELMERBY, RIPON, HG4 5GZ, UNITED KINGDOM.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IN ADDITION, YOU UNCONDITIONALLY AGREE TO COMPLY WITH ALL APPLICABLE LAWS, STATUTES AND REGULATIONS IN CONNECTION WITH THE USE OF THE WEB SITE AND THE GOODS ("GOODS") PURCHASED VIA THE WEBSITES.

1. Definitions

"Websites" are the interactive on-line services operated by Steenbergs Limited ("Steenbergs") on the World Wide Web of the Internet at the urls, steenbergs.co.uk, steenbergsorganic.net and oldhamletwineandspice.co.uk, and consisting of content and on-line shops provided by Steenbergs. "User" means each person who establishes or accesses a connection ("Account") for access to and use of Websites.

2. General

(a) This Agreement sets forth the terms and conditions that apply to the use of the Websites by User. By using the Websites (other than to read this Agreement for the first time), User agrees unconditionally to comply with all of the terms and conditions hereof. The right to use the Websites is personal to User's Account (under any screen name or password). User shall be responsible for protecting the confidentiality of User's password(s), if any. As a result, User is fully responsible for all actions undertaken under the password(s).

(b) Steenbergs shall have the right, at any time, to change or discontinue, temporarily or permanently, any aspect or feature of the Websites, including, but not limited to, content, the on-line store, hours of availability, and equipment needed for access or use.

(c) User is responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the Internet, including any telecommunications charges for time spent online in respect of use of the Websites. User is responsible for (and for all payments in connection with) protecting User's computer equipment, software and data from hackers, viruses, spyware and other potential external attacks on User's computer equipment, software and data.

3. Changed terms

Steenbergs shall have the right at any time to revise or modify the terms and conditions applicable to User's use of the Websites and sale of Goods on the Websites, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately when posted to the Websites, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Websites by User after such notice shall be deemed automatically to constitute unconditional acceptance by User of such changes, modifications or additions.

4. User conduct

(a) User shall use the Websites for lawful purposes only. User shall not publish, post, upload, distribute, disseminate or otherwise transmit through the Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, menacing, abusive, racist, offensive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability, an act of terrorism or otherwise violate any law, or which, without Steenbergs' express prior approval, contains advertising or any solicitation with respect to products or services. User must not hack into the Websites, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other User from using and enjoying the Websites or that is likely to damage or destroy the reputation of the Websites or Steenbergs. Any conduct by a User that, in Steenbergs' absolute discretion, restricts or inhibits any other User from using or enjoying the Websites will not be permitted. User shall not use the Websites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other on-line or off-line information services competitive with the Websites or Steenbergs.

(b) The Websites contains copyright material and other proprietary information, including, but not limited to, text, photos, layout, style and the entire contents of the Websites is owned by Steenbergs and is protected by copyright and trade mark laws. User may not copy, modify, reproduce, republish, transmit, distribute, or in any way exploit, any of the content, in whole or in part without the express written permission of Steenbergs and the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(c) User shall not upload, post or otherwise make available on the Websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

(d) The foregoing provisions of Section 4 are for the benefit of Steenbergs and it shall have the right to assert and enforce such provisions directly or on its own behalf.

5. The sale of products to you

(a) Any Goods and prices of Goods displayed on the Websites constitute an invitation to treat. Once you go to the checkout section of the Websites and click to purchase Goods, this constitutes an offer made by you to Steenbergs. Acceptance of your offer only occurs once you have successfully completed the payment process via PayPal or Stripe and receive notification from Steenbergs of acceptance of your offer.

(b) When you place an order to purchase Goods from the Websites, we will send you an e-mail confirming receipt of your order and containing the details of your order. We must receive payment for the whole of the price of the Goods you order, and the applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing. Payment is to be made by User's credit or debit card excluding American Express, and all credit and debit card information is processed by PayPal and Stripe in an encrypted form for security.

(c) Please review our Returns Policy, which applies to products purchased from us. In addition to your 30 days "No Quibbles" returns right, you are entitled to a statutory cooling-off period of 7 business days. Details of this statutory right and an explanation of how to exercise it are provided to you in the Returns Policy.

(d) We list Availability Information for Goods sold by us on the Websites. Beyond what we say in product information or otherwise on the Websites, we cannot be more specific about availability. If we have insufficient stock to supply or deliver the Goods ordered and paid for by you, we may (at our discretion) supply or deliver substituted product or refund you the price paid for such Goods as soon as possible and in any case within 30 days. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. In the unlikely event that you have not received the Goods within 21 days of the dispatch date, you must notify us immediately. As we process your order, we will inform you by e-mail if any Goods you order turn out to be unavailable.

(e) The underlying cost prices of our raw materials for the Goods varies on a daily basis. While we change our prices annually, we reserve the right to change the prices of Goods at any time without notice. Despite our best efforts, a small number of the many products in our online shop may, therefore, be mispriced on the Websites. Rest assured, however, that we verify prices as part of our dispatch procedures. If a Goods' correct price is lower than our stated price, we charge the lower amount and send you the Goods. If a Goods' correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. For more details, please review our Pricing and Availability policy and our Availability Information, both of which apply to Goods ordered from us.

(f) When ordering Goods from the Websites for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from the Websites, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching Goods internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, see Import Information.

(g) We are unable to make condition or warranty as to the suitability of the Goods for any particular purpose and it shall be the User's responsibility to ensure that any Goods contracted for or supplied are suitable, or put into such a condition as will render them suitable for any particular purpose. In particular, Steenbergs does not market or make any claims regarding our products and any potential health benefits. Should User intend to purchase Goods for health reasons, they should obtain detailed advice and recommendations from a doctor or other suitably qualified health professional.

(h) Due to the perishable and organic nature of the Goods sold, we are unable to make condition or warranty as to the length of time for which Goods will remain fit for consumption. Any best before dates provided are given in good faith but are only estimates made by us. It is the responsibility of the User to ensure that such goods are stored safely in a cool, dry place, away from potential contamination and are processed diligently following cooking procedures advised by the Food Standards Agency. For more on healthy eating and safe food preparation, visit Eat Well.

(i) We shall make reasonable endeavours to ensure that any goods supplied by us under a contract to which this User's Agreement applies shall be of merchantable quality and correspond with any written description and are fit for any normal purposes. Fair allowance will be the User's sole remedy which shall be limited in all cases to the purchase price. The User shall forfeit the right to claim such an allowance if the claim is not made within 7 working days of the day after the date the item is delivered to you. We regret that we also cannot accept cancellations of contracts for the purchase of herbs, spices, blends, teas and flavours and other food products sold through the Websites where the item has been unsealed, except where there has obviously been infestation, mould or other quality problem that occurred within 7 working days of the day after the date the item was delivered to you. This does not affect your Statutory Rights.

6. Children

The Websites are not intended for use by or to be available to minors. Steenbergs does not sell Goods for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the Websites only with the involvement of a parent or guardian.

7. E-mails

When you visit the Websites or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the the Websites. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your Statutory Rights.

8. Losses

(a) If you have notified us of a problem with the Goods, we will either make good any shortage or non-delivery, or replace or repair any Goods that are damaged or defective upon delivery or refund you the amount paid by you for the goods in question. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, disappointment, administrative inconvenience, goodwill, or wasted expenditure, or loss of any software or data, loss of use of computer equipment, software or data, loss of or waste of management or other staff time) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using Web Site or when a contract for the sale of Goods by us to you was formed. This does not affect your Statutory Rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation nor does it in any way limit our liability by law for death or personal injury caused from our negligence or breach of duty.

(b) We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control (including without limitation strikes, lockouts and other industrial disputes and acts of terrorism). This condition does not affect your Statutory Rights.

(c) If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

(d) The Websites may be linked to or from other web sites that are not maintained by Steenbergs. While Steenbergs attempts to ensure that each of these links is appropriate for its Users, it does not endorse linked web sites nor does it control in any respect any information, products or services offered by such other web sites and shall not be responsible for the content of such other web sites. For example, User may be able to buy goods or services via the Websites, some of which may be through third party retailers who link to the Websites. User may also enter into correspondence with or participate in promotions of advertisers on the Websites. Any such transactions, dealings, correspondence with or payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between corresponding User and the third party. Steenbergs assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

9. Indemnification

User agrees to defend, indemnify and hold harmless Steenbergs, its directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the Websites by User or User's Account.

10. Termination

Either Steenbergs or User may terminate this Agreement at any time. Without limiting the foregoing, Steenbergs shall have the right immediately to terminate User's Account in the event of any conduct by User which Steenbergs, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 4(b), 4(c), 4(d), 5, 8, 9 and this Section 10 shall survive termination of this Agreement.

11. Trademarks

The Websites (including software used to operate it) and the trademarks and any information or material used in connection with the Websites are owned by Steenbergs. You are not granted any right or interest in these except as stated in this User's Agreement. Steenbergs, Steenbergs Organic and Old Hamlet Wine & Spice Co. are registered as trademarks of Steenbergs at the Intellectual Property Office. All rights are therefore reserved. All other trademarks appearing on the Websites are the property of their respective owners.

12. Contact

You may contact Steenbergs about any problems or questions with the Websites at enquiries@steenbergs.co.uk or via the "Contact Us" section of the Websites.

13. Miscellaneous

This Agreement and any operating rules for the Websites established by Steenbergs constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written oral agreements between the parties with respect to such subject matter. This Agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. If any provision(s) of the User's Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Steenbergs' failure to exercise or enforce any right or provision of the User's Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed by Steenbergs in writing. The section headings used herein are for convenience only and shall not be given any legal import.

Last updated: 9 March 2018