Please read these conditions carefully before using the Melbury & Appleton website. By using this website and/or placing an order or requesting a delivery, You signify Your agreement to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this website.

1. Definitions

Customers or visitors to this website are referred to as “You” or “Your”

Melbury & Appleton Foods Limited is referred to as “Us”, “We” or “Our”. Melbury & Appleton is the trading name of Melbury & Appleton Foods Limited.

2. Our Contact details:

Melbury & Appleton
271 Muswell Hill Broadway,
London
N10 1DE
United Kingdom
Telephone: 00 44 (0)20 8442 0558
Email: webshop@melburyandappleton.com

3. Making A Purchase

Making a purchase could not be easier. Just browse Our on-line shop, click on any items that You wish to buy and put them into the shopping cart. After You have finished Your selection, click on 'Checkout' and You will be asked for a few details that We need to be able to confirm the order and a password so that You will be able to log into our website in the future and check the status and content of your orders.

We are also happy to accept orders by telephone (Tuesday – Friday, 10am – 6pm).

We accept credit card payment through Our Website with Mastercard, Visa, American Express, Solo, Maestro, Visa Electron and Visa Debit (Delta). You may send Your credit card information via phone, or through the post if You prefer, but for security reasons We do not recommend that payment details are sent via email, and will not take responsibility for Your card security if You do send this information to us by email.

Please note that our minimum order is £5.00 before postage costs for all orders to be delivered to UK addresses (excluding the Channel Islands) and for the rest of the world (except the USA) our minimum order is £15 before postage costs. For deliveries to the USA the minimum is £30. We reserve the right not to accept orders for goods for less than these minimums.

4. Acceptance of Your Order

All orders placed by you are subject to acceptance by us. Your order represents an offer to Us to purchase a product. Acceptance will occur when we dispatch the goods to you.

The acknowledgement confirmation email sent in response to your order is provisional only and is intended only to indicate receipt of your order. We shall notify you by e-mail in the event that we do not accept any order and any payment will be fully refunded.

Any products on the same order which are unavailable and so not dispatched do not form part of that contract.

If You have incorrectly entered Your email address Your order confirmation and dispatch email will fail. These emails may also be stopped by your Spamfilter. As long as payment has been processed successfully this will in no way affect Your order.

Failure by Us to send a receipt confirmation email or dispatch confirmation email in no way invalidates Your offer.

5. Cancellation Rights

Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right within 7 days from the date of dispatch.

Please note that your right to cancel orders does not apply to food products, goods made to your specification, goods that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, unless they are faulty. We are unable to process returns or refunds on food items that are just unsuitable or unwanted. We comply with the Distance Selling Regulations 2000.

If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.

Notice of such cancellation must be given in writing to Melbury & Appleton Customer Service, details as provided above.

Please note that if you wish to cancel your order once dispatched, this is only possible in accordance with the procedure given here. Simply refusing delivery of your parcel is not in accordance with these terms and simply results in a return delivery charge for which You will be liable.

6. Shipping Costs

For UK mainland delivery the charge is £6.75 for orders up to 28kg in weight, and for orders that contain items that must be kept chilled, the delivery charge is £7.75 in which case your order will arrive on the day after dispatch. For food safety reasons we reserve the right to automatically charge this higher delivery rate, for any order that contains items that must be kept chilled.

Delivery to Northern Ireland and the UK Highlands and UK offshore Islands (excluding the Channel Islands) delivery is £10.95. If you select the standard, mainland UK delivery but the delivery address for Your parcel is within our courier's "Northern Ireland, Scottish Highlands and Offshore Islands" zone then We reserve the right to automatically adjust the delivery charge accordingly, even if this is not indicated in your order confirmation email.

Scottish Highlands & Offshore postcodes: AB30-56, KW1-3, KW5-17, HS1-9, IV1-28, IV30-37, IV40-56, IV63, PA20-49, PA60-78, PH30-50, ZE1-3
Northern Island postcodes: BT
Isle of Man postcodes: IM
Isle of Wight postcodes: PO30-41

If you are unsure which delivery zone your address comes under please email us for confirmation.

If the "Gift Voucher" delivery is selected when your order does not just contain gift vouchers or delivery is to an address outside the mainland UK, we reserve the right to adjust the delivery charge to the correct amount.

For delivery to the Channel Islands and all other areas outside the UK please contact us for a quote which will be dependent on the weight and dimensions of your parcel.

Please note that for deliveries outside the UK, we are only able to dispatch orders to the registered billing address for the card used to pay for the order.

For deliveries to UK addresses we are happy to deliver to an alternative address such as place of work if you telephone us after you have placed the order to provide us with the details of this alternative delivery address. Please note that we may carry out further security checks before sending out a parcel to an alternative address.

7. Delivery

Please note that we are unable to offer same day dispatch of any order.

We dispatch orders on Tuesdays, Wednesdays, Thursdays and Fridays, however parcels containing items that must be kept chilled will not be dispatched on Fridays. Delivery is typically within two working days of dispatch for mainland UK addresses (except if the overnight option for chilled goods has been selected), but this timescale is not guaranteed, so please allow plenty of time if you require your goods by a specific date.

If we agree to a specific delivery date with you and DHL are unable to deliver on the specified day due to adverse weather conditions or any other circumstances beyond our control, we will endeavour to arrange for delivery at the next earliest opportunity and our liability is limited to this.

Providing all items are in stock We aim to process Your order within 5 working days for delivery within the UK (ex-Channel Islands), delivery elsewhere is likely to take longer. However this timescale is not guaranteed, and at busy times such as Christmas this processing time may be longer, so if the order is urgent, or you require it before a specific date please call us or email us to discuss the possibility of an alternative arrangement.

Please be aware that all packages are sent by courier (currently DHL) and MUST be signed for. Parcels cannot simply be left in a garage or porch so please ensure You provide an address where the items can be signed for on the delivery day. If you are not available to receive your parcel and a redelivery is necessary we may incur an additional charge from our courier and we reserve the right to pass on this charge to you at cost. We accept no liability if you are not available to receive your parcel and this delay in delivery results in the deterioration in the condition of the contents of the parcel.

We cannot accept responsibility for addresses provided incorrectly. Full valid postcodes are required for every order. We will not send any orders without one. If You provide an incorrect address, including the postcode, We do not accept any responsibility for a failure of an order to arrive or any costs involved in redirecting that order. Please note it is not possible to give multiple alternatives for the delivery address.

If the delivery address is in a rural or other location that may be hard to find, please ensure that you provide us with detailed instructions of how DHL can locate the address so that we can forward this information to DHL. We take no responsibility for delays and any subsequent deterioration in the contents of your order, if this information is not provided and there is a subsequent delay in the delivery of the parcel to you.

If We have to re-direct your parcel a charge may be made to cover that cost.

Please note that when parcels are returned to us by the courier we incur a return charge which is currently £7.65 for parcels sent out on our standard delivery service, but this amount is determined by our courier and is subject to change without notice and will vary if the original delivery service was not our standard UK delivery service.

If items are returned to us as undeliverable, or because you have not accepted delivery, you will be liable for any additional charges that we may incur and you will only be refunded for the cost of returned items, if those items are still of proven saleable quality, in addition you will not be refunded for any original delivery charges.

We reserve the right to charge increased delivery charges, where incorrect information has been submitted, and as a result surcharges are incurred by Us.

Please note that some products that we sell, are by there very nature fragile e.g. biscuits/cookies. We do of course take great care packing such items but we cannot accept liability for damage to such items in transit as this is outside our control. We will of course take action if the parcel has been clearly damaged in transit and this is noted with the courier when signing for the delivery.

Time is not of the essence in relation to this contract.

Risk in the Goods shall pass to the You upon delivery of the Goods, or where You fail to take delivery at the agreed time, at the time delivery was attempted.

8. Perishable Items

If you order an item of food that must be kept chilled, or you select the overnight delivery option it is your responsibility to inform us if you live in a remote area where next day delivery from London is likely to be challenging. We will then be able to assess whether that item can be safely dispatched to you. If you fail to do this, we cannot accept liability for any subsequent delays in your parcel reaching you or any deterioration in the condition of the food items contained within the parcel. This service is not available for deliveries outside the UK or for the following UK postcodes:

Scottish Highlands & Offshore postcodes: AB30-56, KW1-3, KW5-17, HS1-9, IV1-28, IV30-37, IV40-56, IV63, PA20-49, PA60-78, PH30-50, ZE1-3
Northern Island postcodes: BT
Isle of Man postcodes: IM
Isle of Wight postcodes: PO30-41

9. Title

The title for goods supplied remains with Us until full payment has been received.

10. Damage & Tracing Parcels

In the event that Your goods are damaged in transit please contact Us within 24 hours of receipt. Products received by courier should be checked before being signed for. If the exterior packaging or the products are found to be damaged You must sign the delivery note 'checked and found to be damaged'. If You fail to do this We may not be able to offer a refund and if you refuse delivery from the courier and the parcel is returned to us you will also incur the cost of the return delivery to us as we will have no evidence of the condition of the parcel when you received it. Without exception we should be contact for instructions about whether you should dispose of the parcel or return it to us.

Damage claims cannot be made for damaged goods on delivery where the delivery notes do not indicate damage. 'Not checked' or 'unopened' signatures are not acceptable. In the event of damage, a copy of the delivery note signed by the recipient and confirmed by letter to us within 5 days is required for a claim to be considered.

Please note that, without exception, we will not process any claims for damage if You dispose of any damaged items without our permisssion to do so. All items, and their original packaging must be either returned to us or be available for us to inspect, even if the parcel was signed for as damaged.

Once goods have been moved from the delivery address damage claims cannot be considered.

For UK orders you will be emailed parcel tracking information by our courier service if your parcel is subsequently not delivered please contact your local DHL depot with this tracking information.

If orders are considered by Us to be lost in transit after a reasonable period time has elapsed We shall at Our discretion either refund or resend the order.

11. Shortages

If an order arrives incomplete please advise us straight away. All shortages must be notified to us by email within 7 days of the order being dispatched.

12. Returns Policy

Every item We sell is carefully inspected before it is shipped. It is Your responsibility to check Your order carefully, immediately on receipt of goods. In the event that any goods supplied are faulty, they will be replaced free of charge or your money refunded in full. Provided it is returned in its original packaging and the product has not been consumed other than is reasonable to establish the quality of the product You are not happy with We will refund the entire purchase price including the cost of postage, this only applies if the goods are faulty not if they are simply not to your taste or not to your liking.

If Your returned goods are not in the original packaging or consumed more than was reasonable to establish the quality of product, We reserve the right to levy a charge commensurate with that loss. We will give a full refund for faulty goods that are returned, this refund will be made within 30 days from the date of cancellation. Refunds will be to the card used for the original payment transaction.
No refund will be considered, where failure to deliver the goods, was due to incorrect information being submitted on the original order.

Refunds for unwanted goods will be made in accordance with our cancellation policy provided above. If You are returning the product because it is simply unwanted, the product must be returned both unopened and in original condition and We will only refund the cost of the product, if a non-food item. For food safety reasons, food items are not refundable if simply unwanted.

It is recommend that all returns are sent via recorded delivery as we cannot be held responsible if an item does not reach us.

It is Your responsibility to return the goods safely to us at Your cost. We comply with the requirements of Distance Selling Regulations 2000. Except in relation to faulty or incorrectly supplied goods where your statutory rights are unaffected the following items may not be returned: hampers/gift baskets, food, beverages and perishable goods, or goods that are produced to order for you, or if the packaging of goods has been opened or damaged by you.

For fresh products, as they are typically supplied to order, we regret that once an order is placed it is not possible to cancel it and refunds cannot be given. Similarly if you order a large number of a single food item and we have to order that item in especially for you, it will not possible to cancel your order once we have placed our order with our supplier and any refund will be at our discretion.

In the unlikely event of goods being unsatisfactory, damaged or incomplete You should accept delivery and contact us within 2 working days. All such goods must be returned to Us or be available for inspection.

The cost of returning the goods to us will be born by You, the customer including if you exercise your right to withdraw your purchase in the Cooling-Off Period as specified by the Distance Selling Regulations 2000. We decline all responsibility with goods that are of a highly perishable nature.

Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage. It is recommend that all returns are sent via recorded delivery as we can not be held responsible if an item does not reach us. You are liable for any damage caused between receipt of the goods and their return to us.

For wine purchases we reserve the right to refuse a refund or replacement where:
- The wine has been in Your possession for more than 14 days,
- The wine has been discarded,
- The wine has obviously not been stored correctly,
- The cork breaks and there is no fault with the wine itself,
- There is sediment present and there is no fault with the wine itself,
- The wine is not to Your liking and there is no fault with the wine,
- The wine is shipped to address other than the UK mainland.

For deliveries outside the UK, We will not be held responsible if local Customs authorities wish to charge import duty or delay the release of any item. We cannot be held responsible for any subsequent loss, no matter where it occurs, should local customs authorities wish to reject your order or confiscate any particular item contained within your order. We will only be prepared to consider refunding you fof non-food goods if the goods are returned to us is saleable order. Any additional costs that may arise must be borne by You.

13. Prices & Product Details

All prices quoted are in £ Sterling, other currency options provided on the Website are for guidance only, You will be invoiced in £ sterling and the exchange rate applied to Your order will be determined by Your card/payment provider.

We endeavour to ensure that the information shown on the Web site is as accurate as possible however We cannot guarantee that information and offer no warranties as to the accuracy.

We cannot be held responsible for typographical errors on this site, including but not limited to those regarding price. We reserve the right to make changes to Our Web site including prices, products, ingredients and terms & conditions without any notice being given.
The portrayal of products on the site will depend upon the characteristics and capabilities of your computer. Natural products will also vary. We cannot therefore guarantee that products will be identical to their representations on the site.

Because We use small suppliers and sell many seasonal products, all goods featured on Our Website are subject to availability and may be withdrawn from sale at any time. We endeavour to keep the Website updated. However if a product You order is listed as in stock on Our Website but is unavailable and this item is a major part of your order You will be notified of this by email and given the chance to choose an alternative item, cancel Your order completely, or delay your whole order until the product is in stock.

We will never ship an alternative product without obtaining authorisation beforehand. If We are unable to contact You, or receive no response from You, We reserve the right to go ahead and dispatch the rest of Your order without the said item.

14. Our Right to Refuse Your Order

We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:

- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

15. Tax Charges

Most of the goods We sell are taxed at 0% rate of VAT. If this is not the case, then the VAT charge is included in the price given on the Website. For orders made for such items from the UK or the European Union, this 17.5% VAT will be charged. All other orders are VAT free and the VAT charge will be removed from your invoice when you select your country of residence during checkout.

Please note that if you are resident outside the UK but choose to have your order delivered to a UK address this VAT charge will be reinstated.

We will not be held responsible if local Customs authorities wish to charge import duty or delay the release of any item. We cannot be held responsible should local customs authorities wish to reject your order or confiscate any particular item contained within your order. We recommend that you check with your local customs authorities before placing an order with us.

16. Credit Card Security

All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. They are not held in clear text on any Web site.

17. Privacy Policy

We take Your privacy very seriously and are committed to providing users with an Internet experience that respects Your privacy.

When You make a purchase We need to collect certain information to process Your transaction and fulfill Your order. We do not sell, rent or disseminate this information to any third party for marketing or any other purposes.

You can be confident We will not disclose Your details to anybody unless required by law to do so or unless You explicitly give Us authority to do so. We do not hold Your credit card details online once the order has been completed.

Our Web site links to other sites. Please be aware that We are not responsible for the privacy practices of these other sites.

If You provide Us with an email address, it will automatically be entered into Our regular email update service. We hope You will find these updates interesting and informative. If You would rather not receive them please unsubscribe from any e-mailing list at any time by responding to Our e-mail with the subject UNSUBSCRIBE, by writing to Us or by telephoning us on 020 8442 0558. To help ensure We correctly remove Your details from the database please remember to include in Your e-mail the contact details We are using to send the mailing to You.

We reserve the right to limit certain special offers to those who subscribe to our e-mail services.

We are committed to preserving the privacy of Our customers and makes every effort to live up to Our stated privacy policy. However, if You feel that We are not fulfilling Our responsibilities towards Our customers You can contact Our Managing Director. If You have any questions about this privacy policy, please let us know using any of the methods on the Contact Us page

18. Use of Cookies

Cookies may be used on the site to help provide You with appropriate information during Your visit. These cookies may be placed on Your computers hard drive. If You wish to switch off cookies Your access to the site will not be affected. No cookie created by Our Website stores personal details about You.

19. Website Accuracy

Every care has been taken to ensure that all prices and descriptions on Our website are correct. In the case of error You will be given the opportunity to cancel Your order. We apologise if this is the case.

We take great care in providing You this product information however it is done in good faith and should not be considered a substitute for the information on the producer’s label. All products are subject to change which may affect the ingredients list and/or allergy advice given on this Website. If You require further information please contact the producer directly using the information in this Website or on the product label.

We reserve the right to alter prices without prior notification. The price charged is the price ruling on the day of dispatch.

20. Your Account

If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account.

You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

21. Access to Our Website

We will do Our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

We grant You a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Us.

This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Our web site as long as the link does not portray Us, Our products or services in a false, misleading, derogatory, or otherwise offensive matter.

22. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You must use the website for lawful purposes only and must not use the website for any of the following:
Fraudulent purposes, or in connection with a criminal offence or other unlawful activity;

To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
In breach of copyright, trademark, confidence, privacy or any other right;
Is otherwise injurious to third parties;
Objectionable;
Which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'; or
Causes annoyance, inconvenience or needless anxiety.

23. Copyright

All content included on the website, such as text, graphics, logos, button icons, and images belong to Us, and are protected by United Kingdom and international copyright laws.

24. Trademarks

Melbury & Appleton and other marks indicated on Our website are trademarks or registered trademarks of Melbury & Appleton Foods Limited.

Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Melbury & Appleton Foods Limited and may not be used in connection with any product or service without Our written authorisation.

25. Events Beyond Our Reasonable Control

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. This condition does not affect Your statutory rights.

26. Waiver

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.

27. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales.

28. Statutory Rights

These conditions in no way affect Your statutory rights.

29. Disclaimer

We do not represent or warrant that the information contained on this site is complete or free from error, and expressly disclaims and does not assume any liability to any person for any loss or damage whatsoever caused by errors or omissions in the data or the software, whether such errors or omissions result from negligence, accident, quality, performance of the software, or any other cause.

30. Limitation of Liability

Except as may be implied by law where the You are dealing as a Consumer, in the event of any breach of these Terms and Conditions by Us the remedies of You shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and We shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of the Our agents or employees.

31. Force Majeure

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond Our reasonable control. Including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and We shall be entitled to a reasonable extension of Our obligations.

32. Nuts

Unless individual products state otherwise it should be assumed that all products are produced in an environment where nuts are present and could possibly be contaminated with nuts.