(Updated Jan 2019)
This page (and any of the documents referred to on it) tells you the terms and conditions on which we supply any of the products (the "Products") on our website http://emergencyfoodstorage.co.uk (the "Website") or displayed in one of our brochures or catalogues or anywhere else ("Marketing Literature"). Please read these Terms and Conditions carefully before purchasing any Products. We accept orders for Products over the telephone and through the Website and you should understand that by purchasing any of our Products and by using the Website, you confirm that you have read these Terms and Conditions and agree to be bound by these Terms and Conditions. Your statutory rights are not affected.
1. Information about us
1.1 emergencyfoodstorage.co.uk is a website operated by Emergency Food Storage ("we", "us", "our"). We are a trading name of EFS Limited registered in England and Wales under company number 06935821 and our registered office is 15 Queen Square, Leeds, LS2 8AJ.
1.2 Returns address, RETURNS TEAM, EFS LTD, THE STORE ROOM, MILLSHAW, LEEDS, LS11 8EG
2. About You
2.1 By placing an order with us over the telephone or on the Website, you confirm that you are over 18.
3. Purchase of Products
3.1 You can place an order with us on the Website or over the telephone by calling on [ 03300 430 911 ].
3.2 The placing of a Product on our Website or in any of our Marketing Literature is not an offer by us to sell at the price shown nor is it binding on us. It is simply an invitation to accept offers for such Product. We do not have to accept your order (whether or not your order has been confirmed and the credit card been charged).
3.3 The Product details set out on the Website or in other Marketing Literature may change without notice.
3.4 After placing an order, you will receive an e-mail or written notice from us confirming whether we have accepted your order in whole or in part. We shall only supply the Products which we have confirmed to you.
3.5 In the event a Product is listed at an incorrect price, we will inform you of the correct price by telephone, e-mail or by other written notice and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will deliver the Product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Product (if the Product has been sent out) give you your money back.
3.6 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable before delivery we will contact you and give you the choice of your money back or of purchasing an alternative Product.
3.7 We advise all customers wanting to purchase food products to buy a sample pack first in order to test the taste and quality of the food product.
3.8 All our supplies of food packs and boxes are bespoke, this included tins and packets that are not sold in boxes of 6 (tins) and 12 (Packets) of the same meal type. As the packs and boxes are bespoke the packs and boxes can be changed from the recomended pack shown on the website, although costs of the pack could alter from the recomended pack
4. Delivery Dates
4.1 Please note that we source the Products from third party manufacturers and therefore cannot supply the Products within a set timescale from the date of your order. Orders are typicaly dispatched within 48 hours, however, on rare occasions delivery may take up to 12 weeks from placing an order. Our manufacturers produce the products to meet demand and we shall try to provide you with an estimated delivery date but you agree that any date or time stated for delivery will be an estimate only and we will not be liable to you for any losses you may have for any delay in delivery.
5. Third Party Websites
5.1 The Website may contain links to the websites of other companies and third parties. We are in no way responsible for the content of any such website or in relation to anything which you purchase from them.
6. Cancellation Rights
6.1 Bespoke prodcuts, such as those in, but not limited to, clause 3.8, cannot be cancelled or refunded once shipped.
6.2 In respect of none bespoke products only, if you are entering into the contract as a consumer you may cancel the contract anytime up to and including the seventh day after the day on which the Products are delivered to you by notifying us by telephone [or by email] or by post at the address set out at the beginning of these Terms and Conditions.
6.3 If you cancel the contract under condition 6.2 above you must return the Products to us at the address set out at the beginning of these Terms and Conditions at your own cost and risk. If you cancel the contract and then you receive the Products you must not unpack them from their packaging but must immediately send them back to us, at our cost.
6.4 In any event, you must return the Products to us within 7 days of receiving them.
6.5 If you do not return the Products to us within 7 days of notifying us that you wish to terminate the Contract, we will contact you. If we have to collect them from you we will deduct any costs we incur in recovering the Products from your payment to us prior to re-crediting your charge card.
6.6 If within 30 days of you notifying us that you wish to terminate the contract, the goods have not been returned to us or we have been unable to collect the goods from you, we reserve the right to take all necessary action against you (including litigation proceedings where we see fit) for your breach of statutory duty.
6.7 Provided that we receive the Products in the condition they were in when delivered to you then we will re-credit your charge card with the amount debited for your order for the Products in question as soon as possible.
6.8 Until you return the Products to us you must keep them in your possession and take reasonable care of them.
6.9 If you are purchasing the Products in the course of a business and you are not a consumer, you may only cancel a contract where a Product is defective.
7. Defective Products
7.1 We agree that the Products will meet the [manufacturer's specification] shown on the Website where you store and use the Products in strict accordance with the instructions detailed on the packaging and/or any other instructions given to you in respect of the Product. We do not give any guarantees that that the Products will meet this specification where you do not store and use the Products exactly as instructed.
7.2 If the Product delivered is defective, not what you ordered, or damaged on delivery please let us know straight away and at the latest within 3 days of delivery and we will arrange for the Product to be collected. You should keep your delivery note. If the box or outer packaging of the Product is damaged in any way on delivery, do not sign for the Product as your signature shall be taken as confirmation that the Product packaging was in good condition and undamaged at the point of delivery.
7.3 We will repair, replace or refund you for the price paid for any Product which is found to be incorrect or damaged or defective on delivery for a period of 1 month after delivery.
7.4 If you choose to exchange the Product, any additional payments must be included with the returned Product. A replacement Product will not be despatched until we have received the further payment.
7.5 Risk and responsibility for the Product passes to you when the Product is signed for at the delivery address stated in your order. We are not responsible for any damage or loss to the Product after risk passes.
7.6 Ownership of the Product only passes to you when we receive full payment of all money due, including delivery charges.
8. Usage of the Product
8.1 You agree to follow the Instructions when storing and using the Products; and, not to use the Products after the use by date.
9. Price and Payment
9.1 The price of the Products excludes VAT (where applicable) and excludes delivery costs, which will be added to the total amount due.
9.2 Goods and orders can only be shipped once payment has been made.
9.3 Payment made by bank transfer must include all transerfe fees and charges and the order will only be shipped out if the money recived by EFS LTD is the same as the order grande total.
10. Our Liability
10.1 We have taken all reasonable steps to ensure the information on the Website and in our Marketing Literature is accurate, complete and up to date, but such information and the Website is provided on an "as is" and "as available" basis and we give no promise to you that the accuracy or completeness of the content of the Website and/or Marketing Literature. We also cannot promise that the Website or any of our telephone numbers shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
10.2 Access to and use of the Website is at your own risk. We do not warrant that the use or functionality of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or anything else which may be harmful or destructive. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
10.3 In respect of any right to sue (including for negligence) arising out of or in connection with the Contract, our entire liability shall be limited to:-
(a) repairing or supplying the Product again; and/or
(b) refunding the amount paid by you in respect of the Product purchased.
10.4 We do not exclude our liability for:
(a) personal injury and death caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability under the Consumer Protection Act 1987.
10.5 Subject to clause 10.4 above:
(a) we shall not be liable to you for any loss of profit; or loss of business; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of contract; or loss of use; or loss of goods; loss of or corruption to data or information; or any special, consequential or indirect or pure economic loss, costs, damages, charges or expenses;
(b) our aggregate liability arising under or in connection with the contract and/or the supply of the Product to you shall not exceed an amount equal to the price paid for the Product delivered to you under these Terms and Conditions.
10.6 You agree that we shall not be liable for any death or personal injury where it results from your negligence or negligent use of the Products; or where it results from you not following the instructions, including without limitation where you use the Product after any specified use by date.
10.7 Except for anything expressly set out in these Terms and Conditions all warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
11.1 All notices given to us must be given to Emergency Food Storage at 15 Queen Square, Leeds, LS2 8AJ or firstname.lastname@example.org. We may give you notice via e-mail or postal address. Notice will be received and properly served up to 72 hours when posted on our website, 72 hours after an e-mail is sent, or three days after the date of posting of any letter.
11.2 We are required to provide some of the information or communications to you in writing. Where you provide us with an email address, you accept that communication will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on the Website. You agree to 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 does not affect your statutory rights.
12. Intellectual Property
12.1 All intellectual property including without limitation, patents, registered designs and any rights to apply for the same, copyright, trade marks, design rights, database rights, rights in and to confidential information and know-how and any rights analogous to the same subsisting anywhere in the world at any time in the Website, the Products, Emergency Food Storage, Aid to Freedom or their respective businesses belongs to us or our suppliers and licensors as applicable.
12.2 All Website, design, text and graphics belong to us. You are not permitted to use the Website in any way that may infringe our intellectual property rights in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. You are allowed to download and print out pages from the Website when you do it for your own personal information.
13.Events outside our control
13.1 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"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
13.2 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 attempts to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 At any time during the term of a contract, if we do not insist upon performance of any of your obligations under the contract or any of these Terms and Conditions or use our rights under the same, it shall not constitute a waiver of those rights. A waiver by us of any default shall not amount to a waiver of any following default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
14.2 If any of these Terms and Conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, such part will be severed from the remaining terms, conditions and provisions which will continue to be valid.
14.3 These Terms and Conditions and any document referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any contract (unless the statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions. Neither party excludes its liability for fraud.
14.4 We have the right to change these Terms and Conditions 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.
14.5 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us.
14.6 Contracts and any dispute or claim arising out of or in connection with them will be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
14.7 The contract between you and us is binding on you and you may not transfer or assign your obligations under the contract without our prior written consent.
15. Contact Details
EFS Limited trading as:
Emergency Food Storage
15 Queen Square
Tel: 03300 430 911
“Information you enter into our registration forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your attempted transaction, even if you don't confirm the transaction. This may be used to send operational emails to enquire as to why the purchase was not completed. We will not use this data for any other purpose, we won't store it for longer than necessary and we certainly won't share it with any other company. Our aim is simply to provide you with the highest level of service that we can.”
We at emergencyfoodstorage.co.uk are totally committed to protecting your privacy. We comply with the principles of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the SafeBuy Code of Practice.
We collect information about you in order to process your order and to tailor your visit to our website to be as relevant to you as possible. That information will only be shared with other parties that are involved in the fulfilment of your order. We do not send random marketing emails to personal email addresses (spam).
The information we hold may include:
Other information necessary for processing your order
This data will be held in accordance with our internal security policy. If we propose to send your data outside the European Economic Area (EEA) we will seek your consent first.
We will never collect sensitive information about you without your agreement. You have a right to ask for a copy of the information which we are holding on you and we will provide this for a small fee. We will delete information or correct any inaccuracies at no charge as soon as you make the request. Data will only be released to third parties (e.g. the police) on request where there is a legal requirement for us to do so.
Cookies – what they are and how we use them
Cookies are small text files that our website and sometimes emails place in your computer to ensure that your experience of our offerings is as effective as possible. They remember any options you have chosen for example and your password or particular interests. They also enable us to track visitors’ usage of our site so that we can continuously improve it. There’s nothing mysterious about them and they do not collect personal data.
Like pretty much all website owners we have always operated cookies and you have had the benefit of using them. EU regulations now require us to inform you of what they are and give you the option to prohibit them if you wish.
We’re using the word ‘cookies‘ here to include things like ‘web beacons’ and ‘Flash cookies’ which serve similar functions. ‘Your computer’ includes anything connected to the internet including laptops, office machines, tablets, mobile phones and so on.
Necessary. Without these our website will not function correctly.
Helpful – to us and to you. We monitor visitor activity on our website (without collecting any data on you) so that we can improve the site structure, page routing options and processing systems to help all visitors. These cookies also help us to guide you to pages likely to be of most interest to you.
Personal – for your benefit. These cookies remember your password and other preferences and can allow you to link onwards to watch a video or join in an online conversation.
Third party adverts. They do not know who you are and we don’t tell them. But they may be included on our site to invite you to follow an interest. There’s more details on these at www.youronlinechoices.eu for EU consumers and at www.aboutads.info/choices for those in the USA.
On emails. We may use web beacons to check whether our emails are actually opened and whether any links in them are clicked on. That way we learn not to send you junk. If you choose plain text to download instead of HTML the web beacon is eliminated. And all our emails also give you a total opt-out procedure.
The above has been a simple introduction to cookies, what they are and why we use them. You can find out much more if you wish at http://www.ico.gov.uk/for_the_public/topic_specific_guides/online/cookies.aspx
Rather than listing data on all the cookies we use or may use in the future you will almost certainly find it quicker and easier to set your web browser to control cookie usage on all the sites you visit. The ICO site shown covers all the details of how to do this. Another really good one is www.allaboutcookies.org. If you have a very old browser you may need to bring it up to date to use effective cookie controls.