1. INFORMATION ABOUT US
1.1 These are the website terms and conditions of HERMOLIS & CO LTD trading as “Hermolis” in the UK.
1.2 We operate the website www.hermolis.com (the “Website”).
1.3 This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.4 These Terms and Conditions were most recently updated on 22 January 2021 and apply to sales to consumers.
1.5 If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
1.6 You should print a copy of these terms and conditions for future reference.
2. SERVICE AVAILABILITY
2.1 Our website is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland, and the Channel Islands (as applicable) (“Serviced Countries”). Unfortunately, we cannot accept orders from individuals outside of these Services Countries at this time, or from certain postcodes in the Scottish Highlands and Islands.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts;
3.2 you are at least 18 years old;
3.3 you are a resident in one of the Serviced Countries; and
3.4 you are accessing our site from that country.
4. PURCHASE CONTRACT
4.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. Subject to our cancellation rights set out in clause 4.5 below, acceptance of your order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you. After the Contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via email and/or SMS message as applicable from our third-party couriers. Dispatch Confirmation are not sent to customers in Northern Ireland.
5. OUR PRODUCTS
5.1 The images of Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our Website.
5.2 You are responsible for opening and inspecting the Products upon delivery and storing them correctly. You are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
5.3 Our labels include details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly. Whilst we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.
5.4 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact us at [email protected]
6. CONSUMER RIGHTS
6.1 You may cancel an order at any time, however you must do so at least 24 hours before dispatch. To cancel you must email [email protected]. This may incur a charge.
6.2 As our Products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your order in line with the details set out above.
7. AVAILABILITY AND DELIVERY
7.1 If you have any questions regarding our delivery locations, please contact us at [email protected] All other non-mainland UK territories including (but not limited to) GY, JE, IM, will incur a surcharge. Customers will be notified of the relevant surcharge before placing an order.
7.2 Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your food at any point on the day of delivery set out in the dispatch confirmation.
7.3 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
7.4 The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
7.5 The courier company may try to contact you on the telephone so that delivery can take place. The delivery driver will use the telephone number associated with your account, which may also be printed on the delivery label.
7.6 Hermolis’s obligation to deliver the food shall be fulfilled once the courier delivers the box at the safe spot specified by you or the box is considered safe by the courier.
7.7 Hermolis will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
Hermolis reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
8. RISK AND TITLE
8.1 Once the delivery is completed, according to the preceding paragraph (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. Hermolis shall not be held liable for any damage, defect or loss which may occur thereafter.
8.2 You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Hermolis is not obliged to review the safe spot as to its general suitability.
9. PRICE AND PAYMENT
9.1 The price of the Products and delivery charges will be as quoted on our Website when your order is made, except for in cases of obvious error.
9.2 In all Service Countries Product prices include VAT where applicable.
9.3 Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard, Amex and PayPal.
9.6 It is your responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.
10. OUR LIABILITY
10.1 Subject to clause 15.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 Death or personal injury caused by our negligence;
10.2.2 Fraud or fraudulent misrepresentation;
10.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.2.4 Defective products under the Consumer Protection Act 1987; or
10.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us must be given to Hermolis at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 163 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action;
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 Impossibility of the use of public or private telecommunications networks; and
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
16.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
19.1 Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales