LOCH FYNE RESTAURANTS - Terms And Conditions

DISCLAIMERS

CONTENT – Loch Fyne Oysters Ltd is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Loch Fyne Oysters Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Loch Fyne Oysters Ltd however arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. This disclaimer does not affect the consumers statutory rights in any way.

NO DAMAGE ARISING FROM USE - Neither Loch Fyne Oysters Ltd nor any of its partners, employees or agents will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages (unless reasonably supposed to be as a direct result of inadequate consideration of or incorrect communication regarding product specifications or usage), loss of data, income or profit, loss of or damage to property and third party claims, save that nothing shall exclude or restrict liability for death or personal injury resulting from the negligence of Loch Fyne Oysters Ltd, its partners, employees or agents.

ALTERATIONS - Loch Fyne Oysters Ltd reserves the right at any time to revise its prices or the details given on this site without notice. All orders for products are subject to availability and Loch Fyne Oysters Ltd reserves the right to refuse to supply to any individual or company for whatever reason.

CREDIT CARD - Loch Fyne Oysters Ltd uses Secure Trading, that implements Secure Sockets Layer technology to protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by customers who transmit information by means of email or other Internet links shall be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by Loch Fyne Oysters Ltd. When using a public computer, you must sign out when you have finished shopping. If you discover that goods have been ordered using your credit card by someone not authorised to do so, Loch Fyne Oysters Ltd will refund to you the money it receives provided that: (a) you inform your credit card company and Loch Fyne Oysters Ltd of the unauthorised purchase as soon as you discover it; and (b) you co-operate with your credit card company, Loch Fyne Oysters Ltd and, if necessary, the police in relation to the unauthorised use.

COPYRIGHT - All design, text, graphics and the selection or arrangement there of are the copyright of Loch Fyne Oysters Ltd. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Loch Fyne Oysters Ltd or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without the prior written permission of Loch Fyne Oysters Ltd is strictly prohibited.

TRADE MARKS - Loch Fyne Oysters Ltd is the owner of Loch Fyne Oysters trademark. All other trademarks, product names and company names or logos cited herein are the property of Loch Fyne Oysters Ltd or their respective owners. No permission is given by Loch Fyne Oysters Ltd in respect of the use of any such trademarks, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

TERMS OF PRODUCT SUPPLY

OUR CONTRACT
These Terms and Conditions govern the supply of goods sold by Loch Fyne Oysters Ltd ("we" and "us") to the customer named on the order form provided on the Loch Fyne Oysters Ltd website, in a Loch Fyne Oysters Ltd catalogue or via telephone or point of sale agreement ("you"). Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.

PRICE AND PAYMENT
1. The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for carriage and insurance as set out in the order form.
2. We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.

DELIVERY AND TITLE
Unless you tell us you wish to collect the goods, we will deliver them in accordance with your order. In the unlikely event that you have not received all the goods within 7 days of the date of delivery (or where you have requested a delayed despatch within 7 days of the requested despatch date), you must notify us immediately.

AVAILABILITY
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product, delay delivery until the product is in stock, or refund you the price paid for such goods as soon as possible and in any case within 30 days. If such substitution, delay or refund needs to take place, your agreement to the same will be requested by e-mail or telephone immediately.

CANCELLATION AND RETURNS

1. You may cancel your order by giving us notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
2. On cancellation, you must return the goods to us at your cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, in which case we will meet the cost of return but we insist that you allow us to nominate the carrier.
3. If appropriate, a full refund will be made within 30 days of cancellation.

LIABILITY

If you have notified us of a problem with the goods, we will (at your option) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods (unless reasonably supposed to be as a direct result of inadequate consideration of or incorrect communication regarding product specifications or usage) and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

TERMINATION
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

FORCE MAJEURE
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

GENERAL
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected if the contract is capable of continuing in existence without the invalid, illegal or unenforceable term(s). This contract shall be governed by and interpreted in accordance with English law.