Terms and Conditions
February 2005
1. General
1.0 References to "us", "we" , "eatPaella" on this web site and other
material refer to eatPaella Limited.
1.1 We reserve the right to change these terms and conditions at any
time. Any such changes will take effect when posted on the website (see
date at the top) and it is your responsibility to read the terms and
conditions on each occasion you use this website and your continued use
of the website shall signify your acceptance to be bound by the latest
terms and conditions.
2. Order process
2.1 Please see the Delivery Information for information on how to place
an order. All orders that you place on this website will be subject to
acceptance in accordance with these terms and conditions.
2.2 The 'check-out confirmation' stage sets out the final details of
your order. Following this, we will send to you an order acknowledgement
email detailing the products you have ordered.
3. Delivery
3.1 We will deliver your order anywhere in mainland UK and Northern
Ireland. Unfortunately, we are unable to deliver to the Channel Islands,
Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or
the Republic of Ireland at the standard shipping rate - please contact
us for additional postage charge. All goods must be signed for by an adult aged
18 years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the
Ordering Options section of from the home page. We make every effort to
deliver goods within the estimated timescales; however delays are
occasionally inevitable due to unforeseen factors. eatPaella shall be
under no liability for any delay or failure to deliver the products
within estimated timescales. We will keep you informed of any delays or
problems as soon as we learn of them.
3.3 Risk of loss and damage of products passes to you on the date when
the products are delivered or on the date of first attempted delivery by
us. eatPaella is not responsible for loss of goods where they have been
signed for by someone unauthorised to do so.
3.4 When paying over the Internet using Pay PalŽ, you have the option of
specifying an address for delivery. Please take care to ensure that when
you submit your order, you have chosen the correct delivery address. We
shall not be liable where items are delivered to the wrong address.
4. Payment
4.1 Internet Orders. Where you pay for your Order over the Internet, we
contract this service out to Pay PalŽ. Payment is taken from your Pay
PalŽ account at the time you place the order. Goods are subject to
availability. In the event that we are unable to supply the goods, we
will inform you of this as soon as possible. If you decide to cancel the
order, a full refund will be given where you have already paid for the
goods back to your Pay PalŽ Account. If you decide to place your order
on back-order, then we will notify you when the goods are ready to be
shipped. If you are worried about security or the information Pay PalŽ
asks you then dont. Pay PalŽ is a recognised payment system which uses
Secure Servers to handle the information you give it. Pay PalŽ accepts
most credit and debit cards and is as easy to use as any on-line payment
system.
4.2 All prices are quoted in Pounds Sterling (GBP). The price you pay is
the price displayed on this website at the time we receive your order
apart from the following two exceptions:
a) For products ordered where you collect these yourself (by special
arrangement), we will refund you any shipping charges paid to your Pay
Pal account or by cheque at our discretion.
b) While we try and ensure that all prices on our website are accurate,
errors may occur. If we discover an error in the price of goods you have
ordered we will inform you as soon as possible and give you the option
of reconfirming your order at the correct price or cancelling it. If we
are unable to contact you we will treat the order as cancelled. If you
cancel and you have already paid for the goods, you will receive a full
refund.
4.3 Payment can be made by any method specified in the Ordering Section
4.4 Title to any products you order on this website shall pass to you on
delivery of the products provided that we have processed and received
payment in full for the products.
4.5 All prices are inclusive and are shown in GB Pounds Sterling, but
exclude delivery.
5. Returns, Cancellations and Substitutions
5.1 If you find the product is unsuitable, e.g. it was a gift and it is
not required, you may return your item(s) to us within 30 days providing
the following is true:
1. You include your original receipt/proof of purchase
2. You must return it in suitable packaging so it will reach us in good
condition.
3. You despatch it to us no more than 30 days after you received it (or
from the date of first attempted delivery).
4. The product has not been used and has not been damaged.
It is your responsibility to ensure the items reach us. We are not
responsible for items that fail to reach us. You are responsible for the
cost of sending items back to us at all times. We will credit your Pay
PalŽ account or issue you with a cheque at our discretion within 14 days
of receiving the item(s) providing that the above four points are
adhered to. Please send us an e-mail to let us know you will be
returning it.
5.2 Sometimes the product specifications from the manufacturer may
change, in which case we will do our best to offer you a substitute of
the same or better quality at the same price (subject to our approval).
5.3 All sizes, measurements and portions are approximate but we do try
to make sure that they are as accurate as possible. All sizes are given
in cm/mm metric.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all materials and/or content made
available as part of your use of this website shall remain at all times
vested in us or our licensors. You are permitted to use this material
only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained
within this website is made available for your personal non-commercial
use only and that you may only download such material and content for
the purpose of using this website. You further acknowledge that any
other use of the material and content of this website is strictly
prohibited and you agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such
material and content.
7. Liability and Indemnity
7.1 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.
7.2 Subject to Section 7.1 above, eatPaella will use reasonable
endeavours to verify the accuracy of any information on the site 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 eatPaella will not be responsible or liable
to you for any loss of content or material uploaded or transmitted
through the website and eatPaella 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 site.
7.3 Subject to Section 7.1 above, other than as expressly provided in
these terms and conditions with respect to specific products and except
for the exclusive remedies set out at Section 5 above, any indemnities,
warranties, terms and conditions (whether express or implied) are hereby
excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, eatPaella 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
economic losses (including without limitation loss of revenues, data,
profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; 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.
7.5 Notwithstanding the above, subject to Section 7.1 eatPaella'
aggregate 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.
7.6 This clause 7 does not affect your statutory rights as a consumer,
nor does it affect your contract cancellation rights.
7.7 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.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and
any dispute between us will be resolved exclusively in the courts of
England. English is the only language offered for the conclusion of the
contract.
8.2 We have selected our products on the basis that they will be used
for domestic use only, if you are planning to use them for business
purposes please make sure that you are covered by appropriate insurance.
8.3 PayPal processes all debit, credit and charge card payments for
customers and, will retain a handling fee of 2 ˝ % of the transaction
value where a card is used to purchase goods or services. The remaining
amount will be paid to eatPaella for the goods and services supplied.
The total amount payable by all customers regardless of the means of
payment will be the same.
8.4 eatPaella shall be under no liability for any delay or failure to
deliver products or otherwise perform any obligation as specified in
these terms and conditions if the same is wholly or partly caused
whether directly or indirectly by circumstances beyond its reasonable
control.
8.5 To provide increased value to our customers, we may provide links to
other websites or resources for you to access at your sole discretion.
You acknowledge and agree that, as you have chosen to enter the linked
website we are not responsible for the availability of such external
sites or resources, and do not review or endorse and are not responsible
or liable, directly or indirectly, for (i) the privacy practices of such
websites, (ii) the content of such websites, including (without
limitation) any advertising, content, products, goods or other materials
or services on or available from such websites or resources or (iii) the
use to which others make of these websites or resources, nor for any
damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on any such advertising,
content, products, goods or other materials or services available on
such external websites or resources.
8.6 You may not assign or sub-contract any of your rights or obligations
under these terms and conditions or any related order for products to
any third party unless agreed upon in writing by eatPaella.
8.7 eatPaella reserves the right to transfer, assign, novate or
sub-contract the benefit of the whole or part of any of its rights or
obligations under these terms and conditions or any related contract to
any third party.
8.8 If any portion 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.
8.9 These terms and conditions do not create or confer any rights or
benefits enforceable by any person that is not a party (within the
meaning of the U.K. Contracts (Rights of Third Parties) Act 1999)
except:
a) a person who is a permitted successor or assignee under Section 8.8
above of the rights or benefits of these terms and conditions may
enforce such rights or benefits.
b) No consent from the persons referred to in Section 8.9 is required
for the parties to vary or rescind these terms and conditions (whether
or not in any way that varies or extinguishes rights or benefits in
favour of such third parties).
8.10 No delay or failure by eatPaella to exercise any powers, rights or
remedies under these terms and conditions will operate as a waiver of
them nor will any single or partial exercise of any such powers, rights
or remedies preclude any other or further exercise of them. Any waiver
to be effective must be in writing and signed by an authorised
representative of eatPaella.
8.11 These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior
representations understandings and agreements between you and eatPaella
relating to the use of this website (including the order of products)
and sets forth the entire agreement and understanding between you and
eatPaella for your use of this website
eatPaella Limited Company No. 5305332. Registered office: 20
Woodhurst Avenue : Petts Wood : Orpington : Kent : BR5 1AR
For correspondence address, please click here
Thank you