Terms & Conditions
These terms and conditions apply to use of the website at www.bailachillisauce.com
By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Contact details are as follows:
Trading address: 23 Fairfield Avenue, Horley, Surrey, RH6 7PB
General email: trudy@bailachillisauce.com
Telephone: 07751 379404
1. INTRODUCTION
1.1 You will be able to access most areas of this website without the need to register your details. However, certain areas of this website are only available to you if you register.
1.2 Baila Chilli Sauce reserves the right to amend these terms at any time without notice. It is the responsibility of the customer to familiarise themselves with the latest terms and conditions. The latest terms are those stated on the web site. These terms are binding.
2. ORDERING FROM BAILA CHILLI SAUCE (online)
2.1 As part of the checkout process you will be given the opportunity to check your order and to correct any errors. Placement of an order via the web site is determined by the customer clicking “Proceed/Checkout” At this point the order will be deemed to be final unless you have been notified in writing by Baila Chilli Sauce. You will be sent an order acknowledgement detailing the products you have ordered.
2.2 Order acceptance may be refused:
Where goods are not available
Where authorisation for your payment cannot be obtained
If there has been a pricing or product description error.
2.3 It is the responsibility of the customer to provide a correct shipping and billing address at the point of order. Goods will be despatched to the shipping address provided. If any goods are returned to Baila Chilli Sauce due to an incorrect or incomplete address, it will be the responsibility of the customer to pay a second delivery charge to receive their order. Incorrect or incomplete addresses will be determined by the chosen shipping Co.
3. PRICING
3.1 Packing, carriage, insurance and other relevant charges are charged separately. The appropriate rates are set out in the ‘Delivery Policy’ page on this website. Shipping/delivery options are made available to the customer at checkout.
3.2 Prices are reviewed periodically and are subject to change at any point. Prices will be charged against those displayed on the web site at the time of purchase.
3.3 Pricing does not include any custom or import charges/taxes that may be applicable in some countries outside of the United Kingdom. These additional costs will be notified by Baila Chilli Sauce prior to dispatch of any order and dispatch will follow once relevant payment has been received by Baila Chilli Sauce.
4. PAYMENT
4.1 Payment for orders placed via the website can be made via the website www.bailachillisauce.com.
4.2 Our website is hosted by Squarespace.com who provide us with the online platform that allows us to sell our products and services to you. Both Baila Chilli Sauce and the customer will be bound by Squarespace.com terms and conditions in regard online payments. Reference can be made via the link - Terms of Service – Squarespace and as set out below
Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Except for payments made through mobile app stores, our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
4.3 All direct payment gateways offered by squarespace.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
4.4 We do not receive your Credit/Debit card details from the payment gateways, only notification that your payment has passed or failed.
5. CANCELLATIONS AND RETURNS POLICY
5.1 In the event of a cancellation or return before despatch of any goods to the customer, written notification must be provided to trudy@bailachillisauce.com.
5.2 In the event of a cancellation where goods have already been despatched, the following terms apply.
You can return goods you have ordered from Baila Chilli Sauce within 14 days of receipt, subject to agreement.
Costs of returning goods shall be borne by the customer.
Upon receipt of the undamaged goods, you will be issued a full refund of the amount paid (less postage costs incurred by Baila Chilli Sauce) or an exchange credit as required.
5.3 The right to return the goods as referred to in clauses 5.1 and 5.2 will not apply in the following circumstances:
In the event that the product has been opened or tampered with in any way.
In the event that the product has been used.
To any products that have been made or customised specifically for you
The provisions of clause 5.3 do not affect your statutory rights.
6. COPYRIGHT
6.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by licensors or Baila Chilli Sauce. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
6.2 Material/content from the web site may only be utilised subject to the following clauses
(a) You may link to, but do not replicate, the home page of this website.
(b) You do not remove, distort or otherwise alter the size or appearance of the Baila Chilli Sauce logo.
(c) You do not create a frame or any other browser or border environment around this website.
(d) You do not in any way imply that Baila Chilli Sauce is endorsing any products or services other than our own.
(e) You do not misrepresent your relationship with Baila Chilli Sauce or present any other false information about us.
(f) You do not otherwise use any of Baila Chilli Sauce’s copyright displayed on this website without our express written permission.
(g) You do not link from a website that is now owned by you; and
(h) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with applicable laws and regulations.
We expressly reserve the right to take appropriate action in the event of any of these terms being breached.
6.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of the above terms.
6.4 Subject to clause 6.1, no part of this website may be reproduced or stored in any other website or included in any public of private electronic retrieval system or service without prior written permission from Baila Chilli Sauce.
6.5 Any rights not expressly granted in these terms are reserved.
7. SERVICE ACCESS
7.1 Baila Chilli Sauce will endeavour to ensure that this website is normally available 24-hours a day, Baila Chilli Sauce will not be liable if for any reason this website is unavailable at any time for any period.
7.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for reasons beyond Baila Chilli Sauce 's control.
8. VISITOR MATERIALS AND CONDUCT
8.1 Other than personally identifiable information, which is covered under the Privacy Policy on this website, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Baila Chilli Sauce will have no obligations with respect to such material. Baila Chilli Sauce and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8.2 You are prohibited from posting or transmitting to and from this website any material:
That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
For which you have not obtained all necessary licences and/or approvals.
·Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world; or
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
You may not misuse the website (including, without limitation, by hacking).
8.3 Baila Chilli Sauce will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identify or locate anyone posting any material in breach of clauses 8.2 or 8.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you may leave this website. Baila Chilli Sauce have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
9.2 As stated in section 4 above, Baila Chilli Sauce web site is managed by Squarespace.com and as such some Terms & Conditions are reciprocated, namely:
Payment processing - refer to section 4 above
Data processing. Your data may be stored through squarespace.com data storage, databases and the general squarespace.com applications. They store your data on secure servers behind a firewall.
10. REGISTRATION
Where the option exists to register with www.bailachillisauce.com, the following terms apply.
10.1 Each registration is for a single user only. Baila Chilli Sauce does not permit you to share your username and password with any other person nor with multiple users on a network.
10.2 Responsibility for the security of any password issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.3 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.
11. DISCLAIMER
11.1 The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Baila Chilli Sauce provides you with this website on the basis that we exclude 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 these terms and conditions might have effect in relation this website.
12. LIABILITY
12.1 Baila Chilli Sauce, any other party (whether or not involved in creating, producing, maintaining or delivering this website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contact Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 You agree to indemnify Baila Chilli Sauce fully, defend and hold us, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English and Welsh courts.
13.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14. MISCELLANEOUS
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
15. PROMOTIONAL
15.1 In the event that any promotional goods need to be returned, refer section 5 above
15.2 Free items are often of limited stock and, by applying a coupon code or requesting free goods does not guarantee that the goods are available. In such circumstances where the free/promotional stock has been depleted, Baila Chilli Sauce will seek to offer a substitution. Should the substation be unacceptable then Baila Chilli Sauce has no further obligation to provide free/promotional items, and the offer will be considered closed.
15.3 Where free/promotional goods are offered if a certain order total is reached, any total quoted will be excluding shipping which will be charged at the appropriate rate.
If in any doubt at all, please contact Baila Chilli Sauce.