Last updated on 21 December 2020.
You find yourself perusing the rules to which our website is bound. These rules, as far as your use of this website is concerned, apply to you as well. Digest them at your leisure. And be sure to raise any queries, concerns, grievances or applause with us via post, email, phone or smoke signal. But please no more Morse code. Our operator is away at sea.
These Terms & Conditions apply to the purchase of the goods by you, the Customer.
We are Sublime Butter Ltd., the Supplier. We are a company registered in England and Wales under number 10837720 whose registered office is at 34-35 Clarges St, Mayfair, London, W1J 7EJ with email address email@example.com.
These are the terms on which we sell all Goods to you. By ordering anything from our website — whether by subscription or by one-off purchase — you agree to be bound by these Terms & Conditions. You can only purchase from the Website if you are eligible to enter into a contract, and are at least 18 years old.
Below, you will find a glossary of some of the terms commonly used throughout these Terms & Conditions. They are not to be taken with a pinch of salt (or pepper), nor with a squeeze of lemon, as this is a legal document and strictly, unequivocally not open for interpretation. They are deeply serious, as no doubt are you for reading this far into them.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession. Put simply, this is you;
- Contract means the legally-binding agreement between you and us for the supply of the Goods. Put simply, we agree to send you the things you buy, you agree to pay us for them, and if there's an issue, we should both agree to process it through the proper channels;
- Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order. Put simply, this is where your Sublime Butter lives after it has been made, but before it reaches your doorstep;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored. Put simply, this is the method we will use to communicate with you;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order. Put simply, our butter, merchandise, or other products;
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website. Put simply, the products you've purchased in one session;
- Website means our website www.sublimebutter.com and its sub-domains on which the Goods are advertised.
The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. That's just part and parcel of artisan, hand-made products. No two are precisely alike, and we like it that way.
All Goods which appear on the Website are subject to availability. We make our butter in small batches — our limited edition butters in even smaller ones — so disappointment is possible. Our producers are also very hardworking, and so this disappointment, as with all things, will only be temporary.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to dot the 'i's and cross the 't's.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after purchasing, but not later than the delivery of any Goods.
Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms & Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you — e.g. by giving you rights as a business.
Price and Payment
The price of the Goods plus any additional delivery or other charges are set out on the Website at the date of the Order.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods. We also accept PayPal, and we're working on cryptocurrency payments as well. Details to follow in the coming months on that one.
We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
Regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or you said to us before the Contract was made that delivery on time was essential; or
b. after we failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered. If you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will cover the costs. Fair's fair.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk & Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns & Cancellation
You can withdraw an Order by telling us before you receive your Order Confirmation, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the Cancellation Rights set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
You can cancel a Contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel via a clear statement setting out your decision (e.g. a letter sent by post, fax or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods Supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of Reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at our registered office without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a Trader and a Consumer without the simultaneous physical presence of the Trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. Like, for example, you purchasing from our website;
b. sales contract means a contract under which a Trader agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both goods and services as its object. That is, we'll agree to send you Sublime Butter if you pay us for it.
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
Successors & Sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms & Conditions:
a. 'Data Protection Laws' means any law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact at the following e-mail address: firstname.lastname@example.org.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer — because we believe that you are not buying the Goods wholly or mainly for business, trade, craft or profession.
Governing Law, Jurisdiction & Complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us as soon as possible by phone or email to find a solution. We will aim to respond with an appropriate solution with 7 working days.