Terms and Conditions

Welcome to www.usa.houseofdorchester.com.

This page (together with the documents referred to on it) tells you the terms and conditions (“Online Shopping Terms”) on which we supply any of the products (“goods”) listed on our website www.usa.houseofdorchester.com (our “Website”) to you. Please read these terms and conditions carefully before ordering any goods from our site. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

These Online Shopping Terms and conditions apply to all orders which you the customer place with us using the Website www.usa.houseofdorchester.com which is operated by Charbonnel et Walker Limited T/A House of Dorchester. Please read them carefully before placing your order.

House of Dorchester is under the umbrella of Charbonnel et Walker Limited, a company incorporated and registered in England and Wales with company number 169938 whose registered office is at One, The Royal Arcade, 28 Old Bond Street, London, W1S 4BT (“House of Dorchester”).  In the USA we are represented by Jose Uribe, 899 S. Castell Ave., New Braunfels, TX 78130, tel: (830) 608-0694.

By using this Website you accept and agree to be bound by these Online Shopping Terms and Conditions, the Privacy Statement and such other policies of which we notify you from time to time, which together constitute the entire agreement between us. Nothing in these Online Shopping Terms and Conditions affects your statutory rights as a consumer.

The Contract between us

When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. By ordering you are providing details which are true, accurate, current and complete and that the credit or debit card details are correct and your own. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending you an email summarising the details of your order (“Order Confirmation Email”).This is the point at which we accept your order and the contract is formed (“Contract”).

Offers

Any promotional or discount offers we make are designed to be used independently and are not available in conjunction with any other offer.

Gift Messages

Generally, orders can be sent with a short personal gift message. Regrettably, we are unable to include personal enclosures with your gifts or offer a gift-wrapping service at this time.

Price

All goods are invoiced in US dollars at the price prevailing at the time you place your order. Prices displayed on the Website include Tax which will be charged at the current rate. Where prices are displayed in alternative currencies on the Website, these are for reference purposes only and local prices may change according to current currency rates. Whilst we try and ensure all details, descriptions and prices on the site are correct this is not guaranteed and we reserve the right not to deliver goods ordered in such circumstances.

Delivery is charged as an additional cost. Please refer to our Delivery Information for full details. Our delivery charges are set out during the order process.

Although we try to ensure that all prices on the Website are accurate, errors may occur from time to time. We will contact you as soon as possible if we discover an error in the price of items you have ordered. You will then have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order in respect of the incorrectly priced item as cancelled.

Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased in retail outlets or by any other means. We reserve the right to update prices displayed on the website at any time.

House of Dorchester operates a high level of security and will not retain your card details. Should we need to issue a refund due to a price change or item being out of stock we will need to contact you to obtain your card details.

Payment

You may pay for the items which you order online by supplying your credit/debit card details on the secure online order form. We regret that we cannot accept cheques, gift vouchers or cash as payment online.

When you place your order our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.

Please note that we cannot guarantee the security of data when communicating with House of Dorchester via email. Accordingly, please do not send us payment information by email. For details of the security measures we employ please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.

Eligible Users

We only sell items to adults (i.e. those aged 21 or over). If you are under 21, you may use this website only with the involvement of a parent or guardian.

By law we cannot sell goods containing alcohol to persons under the age of 21. Proof of ID may be requested. When you place an order for an alcoholic product using this website you warrant that you are aged 21 or over, at least of the legal drinking age in your jurisdiction and legally capable of entering into a binding contract.

Goods

All our goods are made from natural ingredients. Certain customers may have an allergy to some of them, principally but not exclusively; nuts, milk, soya, wheat and gluten. Please read the declaration [on the goods] carefully before consumption as we cannot be liable for the allergic effect of declared ingredients.

Cancellation

If you wish to cancel your order, please contact our Customer Services Department on +44 (0)1305 755 761 or by email on [email protected]. As we try to process orders immediately it may not always be possible to prevent an order from being dispatched. If your order has already been dispatched you may return the items to us and on receipt in good condition we will refund you in accordance with our Returns Policy (below). As soon as we receive notice of your cancellation of an item and providing that the cancellation is received prior to dispatch we will refund the relevant part of the purchase price for that item together with the item’s normal postage charge. We cannot refund any priority, express or courier component of the postage charge once we have made such arrangements even if the items are not dispatched.

We reserve the right to cancel the contract between us if:

• There is insufficient stock to deliver the goods you have ordered. If this is the case we will contact you to advise you of an availability date or to offer you a substitute product. We may also substitute an item of equal or greater value than the original;
• 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.

If we do cancel your contract we will notify you by email and will credit 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.

Risk and title

The goods will be at your risk from the time of delivery.

Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

Customs Duties

If you order items for delivery outside the United Kingdom they may be subject to import duties and taxes in the territory they are delivered to. These are levied once the items reach the specified destination. You, the customer are responsible for any import duties incurred on your own purchases. House of Dorchester has no prior knowledge of any such charge that may apply or be incurred or of what value they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Customs authorities may request personal information such as a Social Security number when inspecting your parcel; failure to provide this information to Customs may result in the parcel being returned. In this instance we are unable to refund the cost of carriage and packaging. Please note that for items you order through the Website you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries liable to be opened and inspected by customs authorities. House of Dorchester cannot guarantee that your goods will arrive in the same condition that they were dispatched should they be subject to inspection.

Liability

1. Subject to clause 3, if we fail to comply with these Online Shopping Terms, we shall only be liable to you for the purchase price of the goods and, subject to clause 2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
2. Subject to clause 3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
   1. loss of income or revenue;
   2. loss of business;
   3. loss of profits;
   4. loss of anticipated savings;
   5. loss of data; or
   6. waste of management or office time.

   However, this clause 2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 2.

3. Nothing in this agreement excludes or limits our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation;
   3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
   4. defective goods under the Consumer Protection Act 1987; or
   5. any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
   6. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Intellectual Property

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors.

www.usa.houseofdorchester.com, its goods and content is protected intellectual property. You are only allowed to use content found on this Website as expressly agreed in writing by a Director of House of Dorchester. Any reproduction or redistribution of our goods and content may result in civil and/or criminal penalties.

In addition to these intellectual property rights, the content, including but not limited to graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free nor that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful bodies and we recommend that you have an active, up to date and complete virus checking software system installed to protect yourself.

You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and House of Dorchester. You will not express yourself as an employee, agent or representative of House of Dorchester and we are not liable for any representation, act or omission on your part.

Use of this Website

You may not use this Website for any of the following purposes:

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
• Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
• Interfering with any other person’s use or enjoyment of the Website;
• Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.

You will be responsible for our losses and costs resulting from your breach of this clause.

Registration Cancellation

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

The suspension or cancellation of your registration and your right to use this Website shall not affect either party’s statutory rights or liabilities.

Notices

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our address: House of Dorchester, One, The Royal Arcade, 28 Old Bond Street, London, W1S 4BT. All notices from us to you will be sent either to the email or postal address you provide when placing an order or otherwise shall be displayed on the Website from time to time.

Events beyond our reasonable control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in relation to an order that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Disclaimer

While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the goods and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law

These On-line Shopping Terms and Conditions are governed by and construed in accordance with the laws of the United States. You agree to submit to the non-exclusive jurisdiction of the US courts, as do we.

Entire Agreement

These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.