Terms of Service

THESE TERMS

1.1 What these terms cover. These terms (as may be amended and updated from time to time) apply to your use of our website(s) (madbutcher.co.uk and our online store shop.madbutcher.co.uk/), and any purchases you make through them. By using our website(s) and/or buying products through them you confirm that you agree to these terms. Our Cookies Policies (for our online store and website) and Privacy Policy also apply to your use of our website(s) and purchase of products through them. Unless otherwise stated in these terms, “you” and “your” refers to any individual, entity or organisation using and/or buying products through our website(s).

1.2 Why you should read them. Please read these terms carefully before you use and/or buy products through our website(s). These terms tell you who we are, how we provide products to you, how you and we may change or end our contract, what to do if there is a problem, and other important information. If you have any questions about these terms, please contact us.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or a consumer. For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product, and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, it is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

1.4 If you are a business customer, this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms, and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

1.5 If you are an individual, you can only purchase from us if you are an adult. By agreeing to these terms and placing an order for any product via our online store, you warrant and represent that you are at least the age of majority in your country of residence (i.e., you are at least 18 years old if you are a UK resident).

1.6 “Writing” includes emails. When we refer to “writing” or “written” in these terms, it includes emails.

1.7 Any words following the terms “including”, “include”, “in particular”, “for example”, “other” or any similar expression shall be interpreted as illustrative and without limitation.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Aoste UK, trading as The Mad Butcher UK. Aoste UK is the UK establishment (number BR024420, address Squires House, 205a High Street, West Wickham BR4 0PH) of Aoste SNC, an overseas company registered in England and Wales under registration number FC039315 and overseas address 523 Cours Du Troisieme Millenaire, Saint Priest, France, 69800, incorporated in France as a private unlimited liability company under registration number 388818726. Our registered VAT number is 413 5846 01.

2.2 Where to find information about us and our products. You can find everything that you need to know about us and our products on our website(s) before you order. We also confirm the key information to you in writing after you order.

2.3 How to contact us. You can contact us using the details set out here or through our contact form.

3. USING OUR WEBSITE

3.1 We may make changes to our website(s). We may update and change our website(s) from time to time to reflect changes to our products, our users' needs and our business priorities.

3.2 We may suspend or withdraw our website(s). Our website(s) are made available free of charge. We do not guarantee that our website(s), or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website(s) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

3.3 Our website(s) are only for users in the UK. Our website(s) are directed to people residing in the United Kingdom. We do not represent that content available on or through our website(s) is/are appropriate for use or available in other locations.

3.4 Intellectual property rights in our website(s). We are the owner or licensee of all intellectual property rights in our website(s), and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.5 No text or data mining, or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website(s) or any services provided via, or in relation to, our website(s). This includes using (or permitting, authorising or attempting the use of):

(a) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website(s) or any data, content, information or services accessed via the same; and/or

(b) any automated analytical technique aimed at analysing text and data in digital form to generate information that includes patterns, trends and correlations.

The provisions in this section 3.5 should be treated as an express reservation of our rights in this respect, including for the purposes of Article 4(3) of the Digital Copyright Directive (2019/790/EU). This section 3.5 shall not apply as far as we cannot exclude or limit text or data mining or web scraping activity by contract under the laws that apply to us.

3.6 We are not responsible for websites we link to. Where our website(s) contain links to other websites and resources provided by third parties, those links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information that you may obtain from them. We have no control over the contents of those websites or resources.

3.7 Rules about linking to our website(s). You may link to our home page(s), as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website(s) in any website that is not owned by you. Our website(s) must not be framed on any other website, nor may you create a link to any part of our website(s) other than the home page. We reserve the right to withdraw linking permission without notice.

3.8 User comments, feedback and other submissions. If, at our request, you send certain specific submissions (such as competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use via any and all media (now or in the future known) any comments that you forward to us. We shall be under no obligation:

(a) to maintain any comments in confidence;

(b) to pay any remuneration or compensation for any comments; or

We are entitled, but not obliged, to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or to violate any party’s intellectual property or these terms. You agree that your comments will not violate any third-party rights, including any copyright, trade mark, or privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory, obscene, offensive, harmful or otherwise unlawful material, nor contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments that you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or by any third party.

ORDERS AND PAYMENT

4.1 We only accept orders when we've checked them. We contact you to confirm that we have received your order, and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.

4.2 Sometimes we reject orders. Sometimes we reject orders, for example, because a product is unexpectedly out of stock or because the product was mispriced by us. When that happens, we let you know as soon as possible and refund any sums you have paid.

4.3 We charge you when you order. You will own your product once we have received payment in full.

4.4 If you are a business customer, you have no set-off rights. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

4.5 We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.

4.6 We pass on increases in VAT. If VAT is applicable to your purchase and if the rate of VAT changes between your order date and the date when we supply the product, we may adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

4.7 We are not responsible for delays outside our control. If our supply of your product is delayed by an event outside our control, we shall contact you as soon as reasonably practical to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but you can contact us using the details at section 3 above to end the contract and to receive a refund for any products you have paid for in advance, but not received.

4.8 We are not responsible for minor differences in colour between our products and samples shown on our website(s). We endeavour to display accurate colours and images of our products that appear on our website(s). Yet we cannot guarantee that your device's display of any colour will be accurate.

5. CHANGING YOUR MIND IF YOU ARE A CONSUMER

This section 5 applies to consumers only.

5.1. Your legal right to change your mind. For most of our products, if you are a consumer you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

5.2 When you can't change your mind. You can't change your mind about an order for:

(a) perishable products, such as perishable food products;

(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

5.3 The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 14 days after the day when we deliver it. If the product is for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

5.4 How to let us know. To let us know you want to change your mind, contact us using the details at section 3 above. You can tell us you wish to cancel an order using the form, if you wish to do so.

5.5 To be eligible for a refund, your product must be non-perishable and you must return it at your own cost. You have to return your product to us within 14 days of your telling us you have changed your mind. The product must be returned to us in its original packaging, unused and in the same condition as you received it. Returns are at your own cost. You should send the product back to us at Aoste UK, Bowcliffe Hall, Bramham, Wetherby LS23 6LP using an established delivery service, keeping a receipt or other evidence from the delivery service that proves that you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time, we shall not refund you the price.

5.6 We only refund standard delivery costs. We do not refund any extra cost that you may have paid for express delivery or delivery at a particular time.

5.7 We reduce your refund if you have used or damaged a product. If you handle the product in a way that would not be acceptable in-store, we reduce your refund to compensate us for its reduced value. In some cases, because of the way that you have treated the product, no refund may be due. In particular, we cannot give a refund for returns of opened or tampered with food bags. For boxed packages of food products, you will be refunded only for the items in the box that are returned unopened and in the same condition as you received it. Products that are materially damaged during the return process cannot be accepted for a refund

5.8 When and how we refund you. If you tell us that you have changed your mind about a product that has not been dispatched for delivery, we refund you as soon as possible and within 14 days. If you are sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you have sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

6.1 Return the product to us or provide evidence of fault. If you think there is something wrong with your product, contact us using the details at section 3 above. We may (at our choice):

(a) ask you to provide evidence of the fault, for example by providing a photograph or video of the fault; and/or

(b) ask you to return the product to us at Aoste UK, Bowcliffe Hall, Bramham, Wetherby LS23 6LP using an established delivery service, keeping a receipt or other evidence from the delivery service that proves that you have sent it and when you sent it. We will refund standard delivery costs (we do not refund any extra cost that you may have paid for express delivery or delivery at a particular time). If you don’t do this and we don’t receive the goods at all or within a reasonable time, we shall not refund you the price.

6.2 Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights relating to goods are summarised below, but those are subject to certain exceptions. For further details, please visit the Citizens Advice website at citizensadvice.org.uk.

Summary of your key legal rights relating to goods

Under the Consumer Rights Act 2015, goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to, amongst other things, a refund if your goods are faulty (up to 30 days after the goods have been delivered and you have taken ownership of them).

6.3 Your rights if you are a business. We warrant that, on delivery, our products will conform in all material respects with their description.

6.4 Your remedies if you are a business. Unless an exception applies under section 5 below, if:

(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty under section 3 above;

(b) we are given a reasonable opportunity of examining such product; and

we shall, at our option, replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall also apply to any replacement products supplied by us.

6.5 Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty under section 3 above if:

(a) you make any further use of such product after telling us that it is non-compliant; or

(b) the defect arises because you failed to follow our oral or written instructions as to the storage or use of the product or (if there are none) good trade practice.

WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

7.1 Our liability to consumers. We are responsible for losses you suffer that are caused by our breach of these terms unless the loss is:

(a) Unexpected. It was not obvious that it would happen, and nothing you said to us before we accepted your order meant we should have expected it (and so, as a matter of law, the loss was unforeseeable).

(b) Caused by a delaying event outside our control. As long as we have taken the steps set out in section 7 above.

(c) Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

(d) A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in section 2.

7.2 Our liability to businesses. If you are a business, then, except for the losses described in section 3:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

7.3 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter for which it would be unlawful for us to exclude or restrict liability.

7.4 No implied terms about goods. Except to the extent expressly stated in section 3 above, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

8. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY POLICY

8.1 How we use any personal data you give us is set out in our Privacy Policy

9. OTHER IMPORTANT TERMS

9.1 We may change these terms. We may need to change these terms to reflect changes in law, regulatory requirements or best practice, or to deal with new products which we introduce. Where such changes are significant, we shall endeavour to give you reasonable advance notice of any change. If such changes are not significant, we shall endeavour to notify you of any such changes to these terms when you next use our website. If you do not accept the notified changes, you should discontinue use of our website.

9.2 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens, and if you are a consumer, we shall ensure that the transfer will not affect your rights under the contract.

9.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

9.4 Nobody else has any rights under these terms. The contract constituted by these terms is between you and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign off on ending or changing it.

9.5 If a court invalidates some of these terms, the rest will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

9.6 Even if we delay in enforcing these terms, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something that you are not allowed to do, but that does not mean that we cannot do it later.

9.7 Which laws apply to these terms, and where you can bring legal proceedings. These terms and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law. If you are a consumer, then wherever you live, you can bring claims against us in the English courts, and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country that you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes or claims arising out of or in connection with these terms (contractual or non-contractual) to the exclusive jurisdiction of the English courts.