Terms and Conditions
2. Use of Website
To Register with www.thecaribbeanspot.co.uk and purchase products from our website you must;
- be 18 years of age and over
- ensure that all details provided by you on registration or at any other time are correct and complete
- inform us immediately of any changes to the information provided when registering by updating your personal details
- give us your real name, address, phone number, email address and any other details requested to process your order
2.2 We reserve the right to:
- decline a new customer registration or suspend a customer's registration at any time at our discretion
- terminate your access to all or part of the services with or without notice
- discontinue all or part of the website with or without notice
We reserve the right to change the website and update these Terms and Conditions from time to time and publish the updated version. Please check prior to using our site or placing an order, for any changes and that you understand the applicable Terms and Conditions If you do not agree with any of the revised Terms and Conditions please do not order from us or continue to use our website. If you continue to use our website or place subsequent orders then you are agreeing to the new Terms and Conditions.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute products should selected products be unavailable, unless you request for us not to do so. A full refund will be given where the products have already been paid for.
Although we will always try to cater for your orders, an order of large quantities of an item can only be fulfilled at the discretion of the store. For example, if you were to make an order of 20 bottles of a Sauce which would use up all that store's stock, the store may only deliver 10 bottles.
4. Pricing, Descriptions and Product Information
The price of a product is that which is displayed on the website at the time of placing the order (plus a delivery charge). Our website has large number of products and despite all of our efforts it is always possible that a listed product could be priced wrongly. If the correct price of the product is higher than the price stated on the website, then we are under no obligation to supply the product at this price. Should this be the case then you will be advised as soon as possible and given the option to reconfirm the order at the correct price or cancelling it. Should be we unable to contact you then the order will be treated as cancelled.
The prices visible on the website are only representative of the products sold via the website and may differ to our in store pricing. All prices are shown in Great British Pound (GDP, £) and where/if applicable include VAT.
4.2 Description and Product Information
We take all reasonable care to ensure that all prices, details, descriptions and product information appearing on the website are correct at the time being inputted onto the system, but the information appearing on the website at any given time may not reflect the exact information at the time of placing the information.
Please be aware that the appearance and colours of our products may vary slightly from the appearance given on the site and we cannot guarantee that the product on delivery will reflect it's appearance on your monitor. All sizes, measurements and dimensions are approximates and every effort has been taken to ensure that they are as accurate as possible.
5. Placing an Order and Acceptance
The placing of an order is an offer to buy from us and a contract is only formed once the order has been despatched. At any point until then, we may decline the order and the supply of the goods. The order acknowledgement email and order number do not confirm the order and are not an acceptance from us. Where items are despatched separately, our acceptance of the order takes place for each item at time of despatch.
Payment shall be taken from your card at the time of receiving your order and once the card details and stock availability have been checked. Payment must be made by a valid debit or credit card acceptable to us. The address at which the card is registered must be the same as your billing address and a new payment card can be registered at any time, but the card used for a given order cannot be changed once you have check out. The name, address and other personal information supplied during the placing of an order will be validated using a third party database to ensure that the card is not being used without your consent. By agreeing to these terms and conditions you are giving consent to such checks being carried out.
As long as we have processed and received the payment in full for the products, the ownership of the items will pass on to you once the items have been delivered to you (either directly, by leaving it in a safe place or with a neighbour). Once an item has been delivered, risk of loss or damage of the item passes over to you. We will require for the products to be signed for on delivery by an adult of the age of 18 and over, and it will be taken that consent has been given to this person to sign and take collection of the goods. If in any circumstances the courier service provider confirms a delivery time with yourself and nobody is available at the agreed time, then the goods may be returned to us and we are entitled to charge you for any perishable goods and a return to sender delivery charge of £5.
If the courier company attempts to deliver your order to the delivery address as arranged with you but there is nobody at the delivery address who is 18 years of age or over to accept your order, the driver will leave notification of attempted delivery and will try to make a second delivery attempt. In this case we cannot guarantee the quality of any perishable goods in the order.
Whilst we take every care to ensure that the products are delivered in a given time frame we do not accept any liability if we fail to do so in part or in full due to circumstances being out of our control.
For a full list of our delivery charges please see our Shipping charges.
8. Returns, Refunds and Cancellation
If you have changed your mind about an order then you have the right to cancel it. Cancellation of an order can be made prior to the order being despatched.
We do take care to make sure that all our goods reach you in perfect condition. However if a replacement is required then it shall be redelivered free of charge. On receipt of the returned items the relavent refund or replacement shall be dealt with. Please be aware the the price of the items paid by you shall be refunded through the same payment method used on making the order within 28 days, but delivery charges shall not be refunded.
We shall not be liablie for any further claims for loss from or in conjunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise. Nothing in our returns policy affects your statutory rights.
9. Damaged and Incorrect Goods
All products must be inspected on delivery and you shall advise us of any damaged, incomplete or incorrect orders within 48 hours of delivery. If on delivery it is visible that the products are damaged then this should be noted on the delivery note that is being signed and we shall be advised of this within 48 hours. If we do not hear from you with 48 hours then we shall take it that the goods have been received in full with no problems.
In the event that goods are damaged or incorrectly sent, once notified, we will make any further arrangements to have the goods returned to us and on receipt of them, after examination a refund or replacement shall be arranged. Where applicable the refund will be made into the same payment method used on purchasing the order.
We shall not be liable for any further claims for loss from or in conjunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise.
10. Special Offers and Promotions
From time to time we shall give special offers and promotions on the website. These offers are subject to availability, while stocks last and the instructions of the offer which form part of the Terms and Conditions. All offers can be altered or removed at anytime without any prior notice, but any order placed before the offer has come to its end, before being removed or altered shall be honoured. We reserve the right to change offers dependant on the customer and different market sectors.
12. Warranty & Liabilities
Whilst every care is taken to deliver your order, we cannot be liable for any indirect or consequential loss, damage or loss of profit arising from our supply or failure to supply any goods to you. We will not be responsible for any breach of these Terms & Conditions as a result of any circumstances beyond our control, any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control. Our entire liability to you in connection with any order will not exceed the total price charged for the relevant goods and delivery charges in that order.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. Nothing in these Terms and Conditions will restrict our liability to you for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty. Nothing in these Terms and Conditions affect any of your statutory rights.
We may provide or third parties may provide links to other websites. We have no control over and shall not be held liable for any content found on such sites, you agree to the information and links to the third party websites being provided solely for your convenience. If you do decide to access to the third party websites through the links then you do so at your own risk.
14. Website Availability & Images
While we take every care to ensure that the website is available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time, for any period.
All the images on the website are property of Blue Mountain Peak and downloading of any images is prohibited. At any given time the product images on the website may be different to the current product packaging. This may be due to changes in the packaging, the price mark or other aspects of the packaging which are out of our hands. We will do our best to change the images where necessary, but will not be held liable for any reason where this has not been achieved.
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. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
What information we collect
We ask for your name, address and contact details when you agree for The Caribbean Spot Catering to be your service provider. This enables us to communicate with you and also fulfils our legal obligations for invoicing and fees incurred.
How we use the information
We collect information about you when you make an enquiry for our services. We also collect information when you voluntarily complete surveys, provide feedback or participate in competitions. We use information we collect to deliver your event, manage your account and if you are happy for us to do so, email you about other services which may be of interest.
From time to time we may send you information about services or products which my be of interest. If you have consented to receive marketing or promotional materials from us, you may opt out at any time. If you no longer wish to receive any contact from us regarding marketing, please contact us.
Who we share information with
To help us cater for your event we may need to share your details with the venue it is taking place in, and any system used to transact money. We do not share your data with anyone else.
How we store the information
We take immense care to keep your personal information safe. The Caribbean Spot Catering databases are kept on a physical server within locked offices. this has restricted access with numerous levels of security to prevent unauthorised access to those servers including firewalls and passwords.
How we access your data
You have a right to request a copy of the information that we hold about you. If you would like a copy of some or all of your information, please contact us. We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove any information you feel is inaccurate.
Retention and destruction
Our policy is to provide our service users with control over retention and destruction of their data. Customer accounts can be deleted at any time. Deletion from the customer database is immediate and irrecoverable.