1.1 'PFFs’ means Penshurst Fine Foods Limited. You are the customer. You agree to purchase services and goods from PFF subject to these Terms and Conditions and our Privacy Policy which will apply to all transactions using our grocery service. Please read through these terms and conditions carefully before using this website. By using the penshurstfinefoods.co.uk site, you acknowledge that you have read and understood our Privacy Policy.
1.2 PFF reserves the right to alter or withdraw the grocery service at any time, to refuse the service to any customer and to amend these Terms and Conditions and the 'Help' section of this Website. If we make any changes to these terms, we will let you know as soon as possible by posting the changes on our Website and updating the date below. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.3 You must be 18 years or over.
1.4 By completing a purchase and/or registering with this service you agree that the details provided by you on purchase, or at any time, are correct and complete. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
1.5 Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with our grocery service, you accept that your email address may be used to supply you with such information. Registration data and certain other information about you is used in accordance with our Privacy Policy. By using the penshurstfinefoods.co.uk site, you acknowledge that you have read and understood our Privacy Policy.
1.6 Should you be issued with a password, It is your responsibility to keep your password secure. We reserve the right to modify or withdraw a password at our discretion. Your password is exclusive to you. It should not be shared and must be treated as confidential. If you become aware of misuse then you must Contact Us immediately.
1.7 Customers using our grocery service accept we may need to have their credit or debit card details registered with PFF prior to ordering. These details are held in an encrypted form on the PFF database and will only be used for payment on account and/or payment of goods and services received by you using our grocery service.
1.8 We reserve the right to:
• Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion.
• At our absolute discretion to terminate your access to all or part of this service with or without notice.
1.9 The contract between you and PFF is not concluded until such time as the goods are accepted at the time of delivery. You are entitled to refuse some of or all of the goods before signing for them. You, or someone aged 18 or over authorised by you, must be available to inspect the goods at the time of delivery.
1.10 Goods are stored in appropriate conditions and temperature prior to delivery. Risk of loss and damage of products passes to you on the date the goods are delivered to your UK address or are left with a person or place nominated by you. PFF will not be responsible for any loss or damage caused to the goods after delivery.
2.1 The prices shown on this Website at the time of ordering are guide prices. The prices you will be charged for goods will be the actual prices displayed in the store at which your goods are selected on the day of delivery, including any promotional offers if applicable. You accept that prices of goods may, therefore, increase or decrease between the day of ordering and the day of delivery.
2.2 The weight of some goods may vary marginally from that ordered and the price may change to reflect actual weight - if it weighs a little less you pay a little less and if it weighs a little more you pay a little more. Prices in ‘My Shopping Cart’ are estimates only.
2.3 Where applicable, prices include Value Added Tax. The prices on the website reflect the current rate of VAT and not necessarily the rate you will be charged on the day of your delivery. Business customers may obtain a VAT receipt by contacting our Customer Care Team on 01892 664044 between 8am - 5pm.
2.4 You will not be charged until your order is ready for delivery or collection or should you complete a payment with our online payment provider. We will verify your payment details at the time you place your order. To ensure that your payment card details are not being used without your consent, we may validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases. By placing an order, you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. These tests are done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with all applicable Data Protection legislation.
2.5 Payments may be taken on the day of delivery or collection to cover the cost of the goods and the delivery or collection charge. Goods will be charged at the warehouse selling price prevailing that day.
2.6 If we are unable to process your credit card payment, we will make a further attempt to process it. Once authorised your delivery will be made.
3.1 Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. We reserve the right to refuse orders including those we consider are for commercial or non-domestic purposes. We will not supply or deliver to shipping agents or to agents who sell on our goods to third parties. Where products are used for non-domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
3.2 Where goods are purchased by EU nationals or residents, we make no warranty that the goods are suitable for use outside the UK. The goods are provided as compliant with technical, safety, labelling and other legal requirements in the UK. Where goods are subsequently exported by an EU national or resident, we accept no responsibility for damage in transit, or for any customs requirements or duty.
3.3 Transactions involving alcohol may only be made during normal licensing hours. In Scotland this means that orders containing alcohol cannot be delivered before 10am. Minimum Unit Pricing for alcohol applies in Scotland and Wales and we cannot sell alcohol below the minimum permitted price.
3.4 Food goods are supplied at the temperature appropriate to that food. Goods will be delivered in good condition and we cannot accept responsibility where they have been inappropriately stored or handled following delivery to a UK address.
3.5 Some customers may choose to add items to their shopping basket using Alexa Skill where possible. Once your online account is linked to the Alexa Skill, goods ordered via Alexa Skill will be automatically added to your shopping basket. It is the responsibility of customers who use this service to check their online basket to ensure the correct items have been added. All orders must be checked out before delivery.
3.6 Goods are subject to availability and prevailing market conditions, if any goods you wish to purchase are not available, PFF will try to offer you 'alternative goods' similar to the goods you have requested, which may be a different price. We will attempt to deliver substitute products should selected products be unavailable unless you request us not to do so. During the Covid 19 public health outbreak, we reserve the right to amend or cancel our substitute policy for all or some customers.
3.7 We will attempt to tell you which items have been substituted and with what where ever possible. You do not have to accept the alternative goods offered by PFF. Acceptance or rejection of any alternative goods does not occur until you have the opportunity to inspect them at the time of delivery. Where alternative products are accepted, customers should check product packaging for the most up to date nutritional information and allergen warnings, as these may differ from the products originally ordered. During the Covid 19 public health outbreak, where substitute goods are not accepted by you, they may not, for health and safety reasons be returned to the driver. Please contact our contact centre directly.
3.8 We will accept orders from EU nationals or residents under Geoblocking Regulations but you must collect them from a Click & Collect store or provide an acceptable delivery address in the UK. We do not supply or deliver to shipping agents or to agents who sell on our goods to third parties.
3.9 Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.
3.10 You should always read the product label to ensure you are following the most up-to-date information. This is especially important if you have an allergy or intolerance. Allergen information can be found highlighted in the ingredients list on the back of pack.
4.1 Orders for more than 12 units of a single product line may be fulfilled subject to availability and at the discretion of PFF. Other limits may apply to alcohol or other products.
4.2 Quantities of goods supplied per order may be limited if the order limits availability for other customers or creates a potential health and safety issue for our drivers.
4.3 Due to concerns regarding the health and safety of our delivery drivers, we reserve the right to limit orders of certain bulky items, such as bottled water. For examples of the product categories included and their limits.
5.1 The Website Shopping Cart page sets out the details of your shopping and may be edited by you before you Place your Order. After you have placed your order we will send you a confirmation email. The contract between you and PFF is not concluded until such time as you accept goods at the time of delivery or collection. You may edit your order in advance of delivery or collection. You are entitled to refuse some of or all of the goods before signing for them on the day of delivery or collection.
5.2 There is a £0 minimum order value on any grocery delivery order. Orders over £40 may incur a delivery fee which will vary according to their delivery time. See Term 6 for details of our standard (from next day) delivery service.
5.3 There is no minimum order value on any grocery collected when available.
5.4 From time to time we may conduct delivery or collection trials. As part of these trials, delivery fees may vary from our normal charges.
5.5 PFF reserves the right to amend delivery and collection fees at any time without notice.
6.1 Our standard (next day) grocery delivery service is available in listed postcodes on our website. Should you wish to check if we can deliver to your address please contact our Customer Care Team on 01892 664044 between 8am - 5pm.
6.2 The Service is available for online grocery orders only and delivery slots are subject to availability. We make every effort to deliver goods within the estimated timescales.
6.3 There is a £0 minimum order value on any standard grocery delivery order. Orders over £40 may be charged a delivery fee which will vary according to the delivery slot.
6.4 Orders under £40 will be charged a maximum delivery fee of £7.
6.5 All grocery delivery slots are subject to availability. If you wish to cancel your order on the day of delivery, please ring our Customer Care Team on 01892 664044 between 8am - 5pm.
6.6 PFF reserves the right to amend or terminate the availability of the standard (next day) grocery delivery service, including the delivery charge, at any time and without notice.
7.1 Should adverse weather conditions or any other event outside our reasonable control result in a later or cancelled delivery or collection, we will contact you as soon as possible to re-schedule. All alternative delivery or collection dates are subject to availability. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. PFF shall be under no liability for any delay or failure to deliver within the estimated timescales.
8.1 We will deliver to the UK address specified by you when you checkout your grocery order.
8.2 We reserve the right to restrict or refuse delivery requests in certain areas at any time and without notice. We will not supply or deliver to shipping agents or to agents who sell on our goods to third parties
8.3 You or someone aged 18 or over on your behalf must be available to receive and inspect the delivery. Under no circumstances will goods be left unattended.
8.4 We operate a ‘Think 25’ policy. If the person receiving the goods looks under 25 we will request proof of age. We may retain the goods if proof of age or an alternative adult is not available.
9.1 We will always deliver to the front door of your house or at least to the communal entrance to your block of flats. Our drivers may also deliver beyond your threshold as well, if invited to do so and it is safe for them to. Please see our Delivery Information section for further details.
9.2 Our delivery service does not include a detailed check of your shopping. However, if you have any queries, please call us on 01892 664044 after your delivery has taken place.
9.3 If your delivery is to a work address, we will always deliver to the ground floor communal entrance of your business’ building then contact you to meet our driver. We reserve the right to return your order to our store if you do not come to collect your order within a reasonable time. In this instance, we reserve the right to charge for any re-delivery.
9.4 Where goods are delivered to a UK address provided by a EU national or resident under the Geoblocking Regulations, there must be someone there to accept delivery in your name. See our Help pages for more information on Geoblocking.
10.1 If you are out for the time of your scheduled delivery, or are unable to meet our driver in your workplace within a reasonable time, we reserve the right to return your order to our store and to charge a delivery charge for re-delivery.
10.2 If you have not contacted us on 01892 664044 within 24 hours to rearrange a failed delivery, the order will be cancelled and refunded and we may retain the delivery fee.
11.1 If whilst inspecting the goods at the time of delivery or collection, you identify goods you do not want, you are free to decline any product for any reason (including the price). You can return them to the driver and ask him or her to take them away.
11.2 Any goods you return to our driver will be automatically refunded to the credit or debit card used to make the payment and shown as a refund on the next payment card statement. Refunds take up to 3-5 working days to reach your account.
11.3 After the driver has left, or you have collected the goods, you have the right, except for the excluded items listed in Term 11.6 below, to return goods and/or faulty goods in accordance with PFF returns policy.
11.4 Goods not returned to our driver at the time of delivery or collection should be returned by you at your expense with your receipt or other proof of purchase to any convenient PFF warehouse within 30 days in original packaging in saleable condition. We regret we are unable to accept returns by post.
11.5 Our returns policy is in addition to your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations permit you to notify us you wish to return goods within 14 days following the date of delivery and to return them within a further 14 days. Your statutory rights are not affected.
11.6 Unless of poor quality, faulty or handed to the driver at the time of delivery or collection, it is not possible to return baby food and milk, good which are liable to deteriorate or expire rapidly including frozen or perishable food, drink or flowers, CDs, DVDs, audio or visual software where the seal has been broken, newspapers and magazines. We cannot accept responsibility for items damaged after delivery to a UK address.
11.7 Any refund due will be credited to the purchaser’s card within 3-5 working days. Any delivery charge will be refunded only where the entire order may be returned (for example, does not include perishable food) and the entire order is returned within 30 days. If returned items were part of a promotional offer or vouchers were used, the amount refunded may be reduced.
12.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
12.2 Subject to 12.1, PFF will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. PFF will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website.
12.3 Subject to 12.1 above, and except for the remedies set out at Term 11 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. Your statutory rights are not affected.
12.4 Subject to 12.1above, PFF will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• loss of goodwill or reputation; or
• loss of privacy and loss of data; or
• special or indirect losses
• suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
12.5 Notwithstanding the above, subject to Section 12.1, PFF total liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
12.6 This Term 12 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
12.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12.8 Where goods are purchased by EU nationals or residents under the Geoblocking Regulations, we make no warranty that the goods are suitable for use outside the UK. The goods are provided as compliant with technical, safety, labelling and other legal requirements in the UK. Where goods are subsequently exported by an EU national or resident, we accept no responsibility for damage in transit, or for any customs requirements or duty.
13.1 By registering with our grocery service, you accept that your email address may be used to send you service messages and, where we have your permission, marketing. Customers wishing to change this can do so by sending us an email to orders@penshurstfinefoods.co.uk. Penshurst Fine Foods Ltd will use your mobile phone number (if you have provided one) to send you a reminder of your grocery delivery, to advise you about substitutions and occasionally to contact you about your shopping order (including for market research purposes) and, where we have your permission, to send you marketing.
13.2 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this 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 condition does not affect your statutory rights.
13.3 If any part of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
13.4 These Terms and Conditions and the documents produced in accordance with it comprise the entire agreement between you and PFF regarding each grocery order which concludes in a contract. English law is the governing law of each contract.
13.5 PFF reserves the right to alter or withdraw the grocery service at any time, to refuse the service to any customer and to amend these Terms and Conditions. If we make any changes to these terms, we will let you know as soon as possible by posting the changes on our Website and updating the date below.
13.6 These terms and conditions were last updated on 6 April 2020.
13.7 We suggest that you print off a copy of these Terms and Conditions for your future reference.