Terms of Supply
( 1 ) Introduction
( 1.1 ) This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Products to you. You may print a copy for future reference.
( 1.2 ) Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
( 1.3 ) 'Event Outside Our Control' has the meaning given in clause 15.
( 1.4 ) 'Products' means the products listed on our website ('the Website') which we may supply.
( 1.5 ) Before confirming your order please read through these Conditions and in particular our cancellations and returns policy, and limitation of our liability, and your indemnity.
( 1.6 ) By ordering any of the Products, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
( 2 ) About us
( 2.1 ) This Website is owned and operated by 106 Ltd ('we'/'us'/'our'), a limited company (trading as 106 Coffee Roasters), registered in England and Wales under company number: 8169219 having our registered office at 106 Corringway, London, W5 3HA.
( 2.2 ) If you are a consumer you can contact us in the following ways:
( 2.2.1 ) By calling us on +44 (0) 20 8354 3892.
( 2.2.2 ) By emailing us at firstname.lastname@example.org
( 2.3 ) If you are a business you can contact us by emailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.3.
( 3 ) Overseas orders
( 3.1 ) We accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs. If you can’t find a shipping option for your country while placing an order please email us at firstname.lastname@example.org to enquire.
( 3.2 ) Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
( 3.3 ) As well as above, you should be aware that any products ordered for delivery outside United Kingdom may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
( 4 ) Eligibility to purchase from the Website
( 4.1 ) To be eligible to purchase the Products and lawfully enter into and form a contract with us, you must be 18 years of age or over.
( 4.2 ) This clause 4.2 only applies if you are a business.
( 4.2.1 ) If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
( 4.2.2 ) You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
( 4.3 ) You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
( 5 ) Price
( 5.1 ) All prices and charges on this site are in UK pounds.
( 5.2 ) The prices of the Products are quoted on the order page.
( 5.3 ) Prices quoted do not include the costs of delivery of the Products. The costs of delivery of the Products will be shown separately on the order page and added to the amount payable by you.
( 5.4 ) The total cost of your order will be the price of the products you order plus the applicable delivery charge. All these will be set out clearly on the order page before you submit your order.
( 5.5 ) Prices and offers on our products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.
( 5.6 ) Some of our products available for purchase on the Website may be available to purchase from various retail stores. We have no control over the price that a store holder ultimately sells their products. We are not responsible for any discrepancies between prices we offer and any third party offers.
( 5.7 ) Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
( 6 ) Payment
( 6.1 ) We use Paypal and Stripe as our payment processors (accepting major credit and debit cards — Visa, Mastercard and American Express) and cannot accept cash or cheques or credit card payments direct with us. You will find additional terms and conditions for PayPal payments at paypal.co.uk and for Stripe at www.stripe.com to which you will be bound when you make payment.
( 6.2 ) By placing an order, you consent to payment being charged to your debit/credit card account or PayPal account as provided on the order form.
( 6.3 ) If you pay by credit or debit card or PayPal account, the payment from your card or PayPal account for the Products will be taken when we dispatch the Products to you.
( 6.4 ) We shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account.
( 7 ) Order process and formation of a contract
( 7.1 ) Our Website and promotional materials merely illustrate our Products and the packaging of the Products. Your computer may not accurately display the colours of the Products. Although we aim to accurately depict our Products and their packaging, there may be differences between the packaging and the colours of the Products delivered to you and those shown on our Website and in our catalogue and brochure.
( 7.2 ) All orders are subject to acceptance and availability. If we are unable to supply you with the Products in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Products or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
( 7.3 ) If the Products are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
( 7.4 ) Any order placed by you for the Products constitutes an offer to purchase them from us.
( 7.5 ) You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products.
( 7.6 ) A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Products. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
( 7.7 ) A contract between you and us for the supply of the Products (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
( 7.8 ) If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
( 7.9 ) We may make
( 7.9.1 ) minor technical adjustments to the Products to improve them or to comply with relevant laws and regulatory requirements,
( 7.9.2 ) changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
( 7.9.3 ) changes to these Conditions as a result of changes in how we accept payment from you,
( 7.9.4 ) changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
( 7.10 ) If we make any changes in accordance with clause 7.9 we will give you written notice of the changes before we supply the Products. You can choose to cancel the contract if the change would be significantly to your disadvantage.
( 7.11 ) Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 7.9 shall only be binding when agreed in writing and signed by you and us.
( 8 ) Delivery
( 8.1 ) The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address. Please ensure the address is accurate. We cannot deliver to a PO Box, via DX or other none street address location.
( 8.2 ) Dispatch timescales
( 8.2.1 ) We dispatch all orders within 2 working days from receipt of order.
( 8.3 ) Delivery timescales
( 8.3.1 ) Any dates quoted for delivery of the Products are approximate only. We ship most of orders using Royal Mail’s 1st Class Mail and some of them with DPD Local. The timescales are based on their service.
( 184.108.40.206 ) According to information provided by Royal Mail, the 1st Class Mail in the UK will be delivered by next working day — but not guaranteed. European destinations can be expected to be delivered within three to five working days and rest of the world within seven.
( 220.127.116.11 ) According to information provided by DPD Local, parcel delivery time is 1-2 day throughout the UK (Monday to Friday), but not guaranteed. European destinations can be expected to be delivered within four working days — but not guaranteed.
( 8.3.2 ) We understand very well the excitement (sometimes even hysteria) the awaiting for fresh coffee brings, but please allow ten days for delivery of your order before contacting us about a missing order. We will always do our best to inform you of any potential delay.
( 8.4 ) If we have agreed to deliver the Products to a delivery address which you have given us, delivery shall occur when we place the Products in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Products.
( 8.5 ) You must examine the Products within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.
( 8.6 ) If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver the Products.
( 8.7 ) We may end the contract with you and charge you for any extra storage costs we have incurred if
( 8.7.1 ) we have agreed to deliver the Products, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
( 8.8 ) For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Products that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
( 9 ) Risk and title
( 9.1 ) The Products will be at your risk from the time of delivery.
( 9.2 ) Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
( 10 ) Cancelling your Contract and returns
( 10.1 ) If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
( 10.2 ) Your legal right to cancel a Contract starts from the date of the Confirmation Notice, which is when the Contract between us is formed. Your deadline for cancelling the Contract depends on what you have ordered and how it is delivered to you, as set out below:
( 10.2.1 ) Your Contract is for a one-off order of Products, which are not delivered in instalments on separate days.
( 10.2.1.1 ) The end date is the end of 14 days after the day on which you receive the Products.
( 10.2.2 ) Your Contract is for either of the following: one Product which is delivered in instalments on separate days or multiple Products which are delivered on separate days.
( 10.2.2.1) The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
( 10.2.3 ) Your Contract is for the regular delivery of a Product over a set period.
( 10.2.3.1 ) The end date is 14 days after the day on which you receive the first delivery of the Products. For example: if we provide you with a Confirmation Notice on 1st of January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10th of January, you may cancel at any time between 1st of January and the end of the day on 24th of January. 24th of January is the last day of the cancellation period in respect of all Products to arrive during the year.
( 10.3 ) To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to inform us via e-mail at email@example.com or by post to 106 Coffee Roasters, 106 Corringway, London, W5 3HA. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
( 10.4 ) Exception to the right to cancel
This cancellation right does not apply in the case of:
( 10.4.1 ) any used or opened Products;
( 10.4.2 ) any custom-made products or products made to your specification or clearly personalised (such as coffee that has been ground to your specifications);
( 10.4.3 ) Products that are not suitable for return due to health protection or hygiene. For example, if the goods become unsealed after delivery or have perished;
( 10.4.4 ) any Products which become mixed inseparably with other items after their delivery;
( 10.4.5 ) or any other category excluded by the Consumer Contracts Regulations 2013.
( 10.5 ) Return of Products
( 10.5.1 ) If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is: 106 Coffee Roasters, 106 Corringway, London, W5 3HA;
( 10.5.2 ) You must return the Products at your own risk and at your own cost unless we offer to pay the cost of return.
( 10.5.3 ) If the value of the Products is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Products, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
( 10.6 ) Refunds on cancellation
( 10.6.1 ) So long as you are entitled to cancel and have complied with your obligations under clauses 10.2 and 10.3, we will refund you the balance of the price and any standard delivery costs you paid to us after deducting any reduction in the value of the Products in accordance with clause 10.5.3
( 10.6.2 ) We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
( 10.6.2.1 ) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
( 10.6.2.2 ) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
( 10.6.3 ) We will refund you the sum using the same method of payment used by you.
( 11 ) Complaints
If you have a comment, concern or complaint about any Products you have purchased from us, please contact us by telephone on telephone number +44 (0) 20 8354 3892, by email at firstname.lastname@example.org or by post at 106 Corringway, London, W5 3HA.
( 12 ) Liability and indemnity
( 12.1 ) Our liability if you are a consumer
This clause 12.1 only applies if you are a consumer.
( 12.1.1 ) We have a duty to supply Products to you that conform to the Contract including a duty to ensure that
( 18.104.22.168 ) the Products are as described in the contract
( 22.214.171.124 ) the Products correspond to any samples we have sent you
( 126.96.36.199 ) the Products are fit for any purpose you specifically told us they were required for, and are not faulty
( 12.1.2 ) We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
( 12.1.3 ) We cannot exclude or limit our responsibility to you for:
( 188.8.131.52 ) Death or personal injury resulting from our negligence or the negligence of our employees
( 184.108.40.206 ) Fraud or fraudulent misrepresentation
( 220.127.116.11 ) A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
( 12.1.4 ) We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
( 12.1.5 ) We will not be responsible for any delay in delivering the Products if
( 18.104.22.168 ) we have asked you to provide specified information that is necessary for delivering the Products and
( 22.214.171.124 ) you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
( 12.1.6 ) We will not accept liability for any damage caused to any goods, which might be used in connection to our Products.
( 12.2 ) Our liability if you are a business.
This clause 12.2 only applies if you are a business customer.
( 12.2.1 ) We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
( 12.2.2 ) Nothing in these Terms limit or exclude our liability for:
( 126.96.36.199 ) death or personal injury caused by our negligence;
( 188.8.131.52 ) fraud or fraudulent misrepresentation;
( 184.108.40.206 ) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
( 220.127.116.11 ) defective products under the Consumer Protection Act 1987.
( 12.2.3) Subject to clause 12.2.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
( 18.104.22.168 ) any loss of profits, sales, business, or revenue;
( 22.214.171.124 ) loss or corruption of data, information or software;
( 126.96.36.199 ) loss of business opportunity;
( 188.8.131.52 ) loss of anticipated savings;
( 184.108.40.206 ) loss of goodwill; or
( 220.127.116.11 ) any indirect or consequential loss.
( 12.2.4 ) Subject to clause 12.2.2 and clause 12.2.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
( 12.2.5 )Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
( 13 ) Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
( 14 ) Events outside our control
( 14.1 ) Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
( 14.2 ) We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
( 14.3 ) We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
( 14.4 ) Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
( 14.5 ) You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Products which we have been unable to deliver to you.
( 15 ) Use of personal data
( 16 ) Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
( 17 ) Communications between us
( 17.1 ) When we refer, in these Terms, to "in writing", this will include e-mail.
( 17.2 ) If you are a consumer you may contact us as described in clause 2.2.
( 17.3 ) If you are a business:
( 17.3.1 ) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Website.
( 17.3.2 ) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our Website, immediately.
( 17.3.3 ) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
( 17.3.4 ) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
( 18 ) Other important terms
( 18.1 ) We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
( 18.2 ) You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
( 18.3 ) This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
( 18.4 ) Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
( 18.5 ) We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
( 18.6 ) Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
( 18.7 ) If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
( 18.8 ) All Contracts are concluded in English only.
( 18.9 ) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
( 18.10 ) A waiver by us of any default shall not constitute a waiver of any subsequent default.
( 19 ) Governing law
These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
( 20 ) Governing jurisdiction
You can bring legal proceedings in respect of the Products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Products in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Products in either the courts of your home country or England and Wales.