Terms & Conditions
1.THE TERMS
1.1 Definitions
Unless the context otherwise requires, the following expressions have the following meanings:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with Clauses 5 and 6.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Consumer: a person who purchases Goods from the Supplier as a ‘consumer’ as that term is given meaning by section 2 of the Consumer Rights Act 2015.
Customer: means a Consumer or a Trader as the context permits.
Supplier: Curator Coffee Roasters which is a trading name of Woodroast Coffee Totnes Limited (registered in England and Wales with company number 12514552) whose registered office address is Unit Q Scope Complex, Wills Road, Totnes, England, TQ9 5XN.
Force Majeure Event: an event, circumstance or cause beyond a party's reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods.
Perishable Goods: foods that have a limited shelf life, spoil easily, decay, or become unsafe for consumption.
Non-Perishable Goods: foods that are not Perishable Goods.
Trader: a person who purchases Goods from the Supplier as a ’trader’ as that term is given meaning by section 2 of the Consumer Rights Act 2015.
1.2 Interpretation:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.3 What these terms cover.
These are the terms and conditions on which we supply products to you.
1.4 Application to Consumers and Traders.
Some of these terms and conditions only apply to you if you are dealing with us as a Consumer and some only if you are dealing with us as a Trader. The relevant provision makes this clear.
Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Curator Coffee Roasters which is a trading name of Woodroast Coffee Totnes Limited. Our company registration number is 12514552, registered in England and Wales, and our registered office address is Unit Q Scope Complex, Wills Road, Totnes, England, TQ9 5XN. Our registered VAT number is 12514552
2.2 How to contact us.
You can contact us by telephoning our customer service team at 01803 865570 or by writing to us at thecuratortotnes@gmail.com
2.3 How we may contact you.
If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that if we email you to acknowledge receipt of your Order, this will not constitute acceptance of your Order unless we expressly say so. You may therefore receive two emails from us, the first to acknowledge receipt of your Order and the second to confirm acceptance of it.
3.2 If we cannot accept your order.
If we are unable to accept your Order, we will inform you of this (which may be by email, text, other form of writing or phone call) and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment method is not acceptable or a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or other reason which means that we cannot accept the Order as submitted by you. We may contact you to discuss possible changes to the Order or alternative products that we would be able to supply.
3.3 Your order number.
We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.4 We only sell to the UK.
Our website is solely for the promotion of our products in the United Kingdom (UK). Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Variations in quantity.
Although we make every effort to be as accurate as possible, the following tolerances of variation in sizes or quantity may apply, and we will not be in breach of our contract with you if the Goods supplied are within these tolerances:
Packaged coffee beans are sold in 250g bags and have a +/- 9g allowance for discrepancy.
Please also note that items such as coffee may naturally settle in transit and this is not a defect.
4.3 Allergens.
Although we make every effort possible to minimize cross contamination between the raw ingredients and the products. We cannot guarantee that our coffee products do not come into contact with the following allergens.
UK law identifies 14 allergens:
eggs
fish
lupin
milk
molluscs (such as mussels and oysters)
mustard
peanuts
sesame
soybeans
sulpher dioxide and sulphate (at a concentration of more than ten parts per million)
tree nuts (such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts).
4.4 Packaging.
The style and design of packaging provided with the Goods may vary from that shown on our website, but this will not affect the quality of the Goods.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. While we are not obliged to agree any changes once your Order has been accepted, we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract where permissible (see Clause 8 - Your rights to end the contract).
6.OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products.
We may change the product to reflect changes in relevant laws and regulatory requirements but will endeavor to minimize the effects of any such changes on the nature and quality of the Goods.
6.2 More significant changes to the products and these terms.
In addition, we may from time to time make changes to these terms or the products but this will not have retrospective effect on Orders that we have if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The costs of delivery are payable by you and will be as displayed to you on our website.
7.2 When we will provide the products.
We will deliver the Goods to you as soon as reasonably possible. If you are a Consumer, this will in any event be within 30 days after the day on which we accept your Order such other date or timescale as we agree with you. If you are a Trader, we will contact you with an estimated delivery date as soon as we are reasonably able to provide this; if this is not convenient for you we will be happy to discuss alternative delivery arrangements with you. Please note that any estimated delivery dates are estimates only and are not guaranteed.
7.3 Force Majeure Event. We are not responsible for delays outside our control.
If our supply of the Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If you are a Consumer and there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received (see Clause 7.4 – Ending a Consumer contract for late delivery).
7.4 Ending a Consumer contract for late delivery.
If you are a consumer you may treat the contract as at an end for late delivery if we fail to meet an essential deadline known to us or we have notified you that there is a risk of a substantial delay in delivering the Goods. In such cases you can cancel your Order for any of the Goods or reject the Goods that have been delivered. If you wish, you can reject or cancel the Order for some of those Goods. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must post them back to us. You will be liable to pay the costs of postage.
7.5 Limiting our liability to Traders for late or non-delivery.
If you are a Trader and if we are in breach of contract for failing to deliver the Goods to you by an agreed deadline (not an estimated delivery date) or failing to deliver them at all, our entire liability to you for that breach will be limited to the reasonable cost to you of obtaining comparable replacement products in the cheapest market available, less the price of the Goods. We will not be liable to you for such delayed or non-delivery where the delay or failure is due to Force Majeure or your failure to provide adequate instructions for delivery to take place or you fail to accept delivery when tendered. In the event of non-delivery due to our fault, we will refund you the price paid for the Goods.
7.6 When you become responsible for the Goods.
The Goods will be your responsibility and at your risk (for example, in the case of theft, loss or damage) from the time we deliver the Goods to the address you gave us for you.
7.7 When you own Goods.
If you are a Consumer, subject to your exercising any right to cancel the contract and return Goods to us, you own the Goods from the time we deliver the Goods to the address you gave us for you. If you are a Trader, ownership of the Goods remains with us until they have been paid for in full but this does not prevent you from dealing with them and passing on a good title in the ordinary course of your business.
7.8 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6 – Our right to make changes).
7.9 We may also suspend supply of the products if you do not pay.
If you are a Trader and you do not pay us for the goods or any other products ordered from us (before or after the Order) in accordance with these terms and conditions (see Clause 12.4 - When you must pay and how you must pay) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of any or all products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of products. We will not suspend the supply where you reasonably dispute an unpaid invoice (see Clause 12.6 - What to do if you think an invoice is wrong). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5 - We can charge interest if you pay late).
8. YOUR RIGHTS TO END THE CONTRACT
(APPLIES TO CONSUMERS ONLY)
8.1 Your rights to end your contract with us.
As a Consumer, your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), See Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) Perishable Goods; or
(b) any products which become mixed inseparably with other items after their delivery.
8.6 How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receives the Goods, unless:
(i) Your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
(ii) Your goods are for regular delivery over a set period (for example a monthly recurring delivery). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.
9. HOW TO END THE CONTRACT WITH US INCLUDING IF YOU HAVE CHANGED YOUR MIND
(APPLIES TO CONSUMERS ONLY)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by Email using our email address thecuratortotnes@gmail.com or by post by writing to us at Curator Coffee Roasters, 2 The Plains, Totnes, TQ9 5DR. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning Goods after ending the contract.
If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must send them back to us at The Curator, 2 The Plains, Totnes, TQ9 5DR. Please call customer services on 01803 865570 or email us at thecuratortotnes@gmail.com for a return label. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us that you wish to end the contract.
9.3 How we will refund you.
We will refund you the price you paid for the Goods excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.4 When your refund will be made.
We will make any refunds due to you as soon as possible or within 14 days of your telling us you have changed your mind.
9.5 Deductions from refunds.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10. OUR RIGHTS TO END THE CONTRACT OR WITHDRAW PRODUCTS
10.1 When we may terminate the contract.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, delivery information;
(c) you do not, within a reasonable time, allow us to deliver the Goods to you;
(d) you are a Trader and you commit a material breach of any term of the contract and (if such a breach is remediable) fail to remedy that breach within 14 days of us notifying you in writing to do so;
(e) you are a Trader and you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if any step or action is taken in another jurisdiction in connection with any analogous procedure in the relevant jurisdiction;
(f) you are a Trader and you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(g) you are a Trader and your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of the contract is in jeopardy.
10.2 We may withdraw products.
We may write to you to let you know that we are going to stop providing one or more products. We will let you know at least 30 days in advance of our stopping the supply of a product that you have ordered and will refund any sums you have paid in advance for the product(s) which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01803 865570 or contact us by Email at thecuratortotnes@gmail.com or write to us at The Curator, 2 The Plains, Totnes, TQ9 5DR.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
For Consumers, The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund;
(b) up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
For Traders, the Sale of Goods Act 1979 entitle you to the following:
(a) the goods to be free from material defects in design, material and workmanship; and
(b) the goods to be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) the goods to be fit for any purpose held out by us and
(d) confirm in all material respects with the description we have given them.
11.3 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01803 865570 or contact us by Email at thecuratortotnes@gmail.com or write to us at The Curator, 2 The Plains, Totnes, TQ9 5DR for a return label or to arrange collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the website when you place your order. We will use our best endeavors to ensure that the price of the product advised to you is correct. However please see Clause 12.3 (What happens if we got the price wrong) if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best endeavours, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay.
We accept payment with most Credit and Debit Cards, PayPal and Apple Pay.
(a) If you are a Consumer you must pay for the products when you order them.
(b) If you are a Trader payment will be due within 14 days of the invoice date.
12.5 We can charge interest if you pay late.
If you are a Trader and do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate 4 % above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 Invoice errors
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.2 (Summary of your legal rights) or including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
13.2 We are responsible to you for foreseeable loss and damage caused by us.
If you are a Consumer and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
13.3 Our liability for business losses.
If you are a Trader and we fail to comply with these terms or otherwise are liable to you then (whether for breach of contract, in tort, negligence or otherwise) then, save as provided under clause 13.2, we will have no liability to you for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, or indirect or consequential loss and our entire liability to you is limited to the value of the Goods to which the claim relates.
14.HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we may use your personal information.
We will only use your personal information as set out in our Privacy Policy.
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organization for example if we sell our business to another provider of products. We will endeavor to tell you in writing if this happens and to ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. Except as provided above in this clause 15, no other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a Consumer and live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a Consumer and live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.