Terms and Conditions of purchase
THANK YOU FOR CHOOSING TO BUY FROM OUR WEBSITE, WWW.LOVEATASTE.COM (the “Website”)
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions (T&C’s). If you are unhappy with any aspect of these, then please contact us at email@example.com before placing an order with us.
This agreement applies as between you (“you” or “the Customer”) as a user of this Website and Love a Taste Limited (“LAT”, “us” or “we”) the owner(s) of this Website.
Your agreement to comply with and be bound by these T&Cs is deemed to occur upon your first use of the Website. If you do not agree to be bound by these T&Cs, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
This Website is owned and operated by Love a Taste Limited whose registered office is at The Old Bacon Factory, Broadwater Road, Framlingham, Suffolk IP13 9LL. VAT number: 175 1861 92, Company number: 8692288.
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Customers to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods to our customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Customer” or “Customers” means any third party that accesses the Website and is not employed by LAT and/or acting in the course of their employment; and
“Goods” means any wine or other goods that LAT advertises and / or makes available for sale through this Website
“Love a Taste” or “LAT” means Love a Taste Limited and its employees, officers, agents, workers and affiliates;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit or debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“System” means any online communications infrastructure that LAT makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Website” means the website that you are currently using (www.loveataste.com and any sub-domains of this site)
2. PURCHASE OF ALCOHOL AND AGE RESTRICTIONS
a) We do not, and by law we cannot, sell alcoholic Goods to anyone who is not 18 years old or over.
b) By using our Site and/or placing an order with us you confirm that you are at least 18 years old, and you will be required to verify this at checkout and during the creation of any Customer account.
c) If you are buying LAT Goods on behalf of another person or to give or send as a gift to another person, by placing the order you confirm that such person is also at least 18 years old and that it is your responsibility to ensure this is correct.
d) We operate a Challenge 25 policy which means that if you appear under 25 you can expect to be asked by our couriers to provide an acceptable form of ID (which will usually be a drivers’ licence or passport) to prove that you are 18 years or older. You will also need to show your ID if collecting from the Post Office.
e) Our couriers will not leave LAT Goods with any recipient who is unable to produce satisfactory ID when requested. Similarly, the Post Office will not release LAT Goods to anyone who cannot provide such ID. In these circumstances, we will contact you to rearrange delivery in accordance with these Terms and Conditions. However, if the person who was unable to provide satisfactory ID is the person who placed the order we will cancel the order and our only liability to you will be to refund the purchase price of the LAT Goods less any handling charges incurred. As delivery will have been attempted we will not refund the delivery fee.
3. INTELLECTUAL PROPERTY
The contents of the Website (including but not limited to pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of LAT, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by LAT.
4. LINKS TO THIS AND OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of LAT or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. LAT also prohibits all persons from providing hypertext or other links to this Website, (other than to our home page) from their web site or from a third party's web site without our prior written consent.
a) In order to purchase Goods on this Website you may be required to create an Account, which will contain certain personal details and Payment Information, which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.
By continuing to use this Website you represent and warrant that:
i) all information you submit is accurate and truthful;
ii) you have permission to submit Payment Information where permission may be required; and
iii) you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
b) We recommend that you do not share your Account details, particularly your username and password. LAT accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, we recommend that you do not save your Account details in your internet browser.
c) If you suspect that another party has obtained your Account details without your consent, you should contact LAT immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled before they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, LAT accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
6. ACCOUNT TERMINATION AND PURCHASE CANCELLATIONS
a) Either LAT or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
b) If LAT terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched, and you will be refunded any monies due, less any handling charges incurred on those purchases.
c) If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases less any handling charges incurred on those purchases.
e) If non-subscription purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
f) You may cancel a subscription through your Account at any time after the minimum subscription period has elapsed (see section 9d) before the next order date. For subscriptions cancelled either two days before or on an order date, payment will be taken, the Goods will be fulfilled and the subscription cancelled thereafter.
g) LAT reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
7. GOODS, PRICING AND AVAILABILITY
a) All prices on the Website are inclusive of VAT.
b) Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from LAT correspond to the actual Goods, LAT is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
c) Where appropriate, you may be required to select the required number of the Goods that you are purchasing.
d) LAT does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the Website. All vintages on the site may be subject to change without prior notice and if a particular vintage is not available we may substitute for a different vintage of the same wine.
e) We work hard to ensure that all details provided on our Site are correct, accurate and up to date. However from time to time there may be errors. LAT takes no responsibility whatsoever for information that is incomplete, inaccurate or out of date.
f) Where we have mistakenly advertised a LAT Product at a price which is lower than the correct price, we shall not be liable to provide that LAT Product at the advertised price. In these circumstances we will notify you before the relevant LAT Goods are dispatched and we will be entitled to cancel your order provided we refund your payment to the credit or debit card you used when placing the order. Where you have over-paid we will refund the full difference.
g) In the unlikely event that prices are changed during the period between an order being placed for Goods and LAT processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
h) LAT must receive full payment for the Goods you order before we accept your order. Once we have received payment, we will confirm acceptance of your order by sending an email to the email address you have provided. Acceptance of your order by LAT means that a legally binding contract thereupon exists between us.
8 ORDERS AND CONTRACT
a) By placing your order on our Website you are offering to buy the LAT Goods itemised in your order to us.
b) Once LAT has received your order we will send you a confirmation e-mail which will include details of the LAT Goods you have ordered. You will need to bring any errors in your order confirmation to our attention before 2:00pm on the day you placed your order if you ordered before 11:00am, and before 2:00pm on the following day if you ordered after 11:00am. Please email us at firstname.lastname@example.org to notify us of any errors. Any notification after this time may be too late to change your order before delivery.
c) Your offer to buy Goods from LAT is not accepted and the contract is not formed between you and us (the “Contract”) until we despatch the LAT Goods to you. At any point up until then, we may decline to supply the LAT Goods to you without giving any reason and our only liability to you will be to refund any payments that may have been taken.
d) If we are unable to accept your order for any reason, such as the LAT Goods you ordered being out of stock (subject to section 7d), or having been under or incorrectly priced on the Site, or where the order exceeds the maximum permitted order for such LAT Goods we will notify you by email at the email address you have provided and we will either refund any payments which may have been taken from you or not take such payments, in each case, in respect of the relevant LAT Goods.
9. SUBSCRIPTION PURCHASES
a) If you wish to purchase monthly Taster Boxes or give a monthly Taster Box as a gift then you will need to create an account and select a frequency for the subscription.
b) We will send out your monthly Taster Box within a week of your initial purchase, and in the same half of every month thereafter, unless holidays or other circumstances require us to alter the schedule.
c) You can manage the frequency, product quantity, credit card details, address and delivery details and the date of your subscription from your account.
d) Your submission of a subscription order amounts to an offer to enter a contract to buy the products from us for a minimum period of three months. You cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions. Once the minimum subscription period has elapsed you may cancel a subscription in accordance with section 6.
e) We take payments from you by continuous authority, and we may take payment up to four days in advance of sending out the Taster Box.
f) The price of the Taster Box is as quoted on the website from time to time. Prices stated include VAT and delivery charges.
g) If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on email@example.com.
h) You agree not to hold us responsible for banking charges incurred due to payments on your account.
i) Goods can be subject to changes in government duties and taxes and supply prices. We reserve the right to change the fees for any Goods at any time. We agree to notify you at least 30 days in advance of any change in subscription prices.
j) Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.
a) We deliver to addresses in England, Scotland, Wales, Scottish Highlands and Scottish Islands, Isle of Man, Northern Ireland and the Scilly Isles.
b) For our Taster Boxes delivery is via Royal Mail 48 Hour and is free.
There is also an option to upgrade to Royal Mail 24 hour at checkout for an incremental charge if you wish to receive our Taster Boxes faster.
For half and full cases of wine we aim to deliver within three to four working days when your wine is in stock. We do our level best to accurately show current stock levels on our website but unfortunately the little time lag to update it means that we can’t guarantee a wine is in stock, in which event we will contact you.
Free delivery within 10km of Framlingham, IP13 9LL. Just drop us a line and we will arrange.
Free for all orders over £150
£5.99 a case for all other case orders
c) We deliver between 8 a.m. and 6 p.m., Monday-Friday excluding Bank Holidays.
Mainland UK: England, Scotland (excluding Scottish Highlands and Scottish Islands) and Wales – 2-3 working days
Other UK Territories: Scottish Highlands, Scottish Islands, Isle of Man, Northern Ireland & Scilly Isles – please allow 3-5 working days for your order to arrive.
d) There may be delays to these times during busy order periods such as Christmas and other festive seasons.
e) Our delivery partners will email you once your Love a Taste parcel has been collected and is on its way. This email will contain a tracking code, which you can use to track your order.
f) In the event that you are not in when our courier arrives, you will be left a contact card. You then need to contact them directly on the number provided.
Our courier will wait on your instruction for 5 days to re-deliver for you free of charge. The Goods will then be returned to Love a Taste if they have not been collected or re-delivered. If you fail to contact our couriers within the time given on the card or within a reasonable time following the initial delivery date where our couriers are unable to leave a card and LAT incurs charges, costs, expenses, losses or liabilities (“Charges”) for storage, redelivery or return back to our warehouse we shall have a right to collect those Charges from you.
g) We strongly advise all customers to consider carefully where the goods are to be delivered. Our carriers need a signature for the delivery, so please send the goods to an address where somebody can sign for them.
h) If you are not going to be at home you can request for your parcel to be left with your concierge, office reception or a neighbour at the time you place your order. Please provide sufficient details in the “information for seller” box on the first page in checkout to help the driver deliver your box safely with the right person.
i) It will be your responsibility to check that anyone you designate to receive a delivery on your behalf is present to take receipt of your delivery and can present ID to prove that they are over 18 years old if requested by to by our couriers. Where your delivery address is a property with a number of units (e.g. apartment block, office) and you request that the parcel be left with a neighbour without specifying anyone in particular, our courier will leave the parcel with whichever unit grants access to the building and this may not be your next-door neighbour.
j) Parcels left with a neighbour or authorised person will be left at the customer’s risk so please make sure that you only choose this option if you trust the person with whom the parcel may be left.
k) Neither we nor our couriers accept any responsibility for loss or damages suffered as a result of deliveries not being made by the estimated delivery time for reasons that are beyond our reasonable control, including, without limitation, traffic delays.
l) We do not accept any responsibility for loss or damages which arises from deliveries not being made because you have provided incorrect or inaccurate address details, email address and/or phone number which prevents our couriers from contacting you. We shall be entitled to recover any Charges levied upon us by our courier company as a result of such incorrect or inaccurate details being provided.
m) Where your delivery address is a property that contains a number of units (e.g. an apartment block, offices), we cannot guarantee that our couriers will deliver to the front door or individual entrance of your unit. It is at each individual courier’s discretion as to whether or not s/he will bring the delivery directly to your front door where you are in a building that is comprised of several units. For example s/he may not bring the delivery up several flights of stairs in the absence of a lift and may not be able to carry it from the main entrance to your front door/the lift. If our courier is unable to bring the package to your front door s/he will leave a card to notify you of the attempted delivery and it will be your responsibility to follow the instructions on the card in accordance with section 10f above.
Title to all LAT Goods shall remain under LAT’s ownership and shall pass to the Customer on delivery, provided we have processed and received payment in full. LAT’s Goods shall become your responsibility from the time our couriers deliver the Goods to you or leave them in the designated location notified by you to our couriers (e.g. at your property with an authorised person, with a neighbour, at the Post Office).
12. INSPECTION OF GOODS
a) You should inspect your order as soon as possible following delivery and notify us within 3 days of delivery of breakages or shortages quoting your order number. We are unable to guarantee replacements unless we are notified within this period.
b) Please note that our bottles are packaged in cases of 6 or 12 bottles. Therefore, where you have placed an order for more than 6 bottles, there is a chance they may be delivered separately. In the unlikely event that you do not receive your subsequent orders within 3 working days after the first delivery, please contact us on firstname.lastname@example.org.
13. RETURNS POLICY
We hope that you enjoy LAT’s Goods as much as we do and we are committed to ensuring that you are fully satisfied with every taster bottle and any other bottles that you purchase from us. However, we understand that from time to time, due to the nature of wine there may be unforeseen problems or you may be dissatisfied with your order. Therefore, we are able to offer a refund in the following circumstances.
A Defective Goods
a) If you receive Goods which do not match those that you ordered you should contact us within 7 days to arrange collection and return. LAT is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
b) If any Goods you have purchased have faults when they are delivered to you, you should contact LAT within 7 days to arrange collection and return. LAT is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
c) If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Goods have been damaged. In any event, you should report such damage to LAT within 5 working days and arrange collection and return, LAT will be responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
d) You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 working days after the Goods have been delivered. If you change your mind about the Goods within this period, please notify LAT that you wish to cancel the order within 14 working days of receipt of the Goods. Once you have notified us of your wish to cancel, we require you to return the goods to us at your own expense, as soon as possible and in any event no later than 28 days of receipt of the Goods.
e) If you wish to return Goods to LAT for any of the above reasons, please contact us at email@example.com to make the appropriate arrangements.
f) LAT reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors that may be taken into account in the exercise of this discretion include, but are not limited to:
i) any use or enjoyment that you may have already had out of the Goods;
ii) any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
iii) any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion will be exercised only within the confines of the law.
B Stolen Goods
We are unable to offer a refund where you give us instructions to leave your delivery with an authorised person, a neighbour or with the Post Office and our couriers leave your delivery at such location or with such person. Any such deliveries are left at the Customer’s risk.
We are only able to accept returns and issue refunds in respect of LAT Goods that have been bought as gifts where the purchaser seeks it. In the interests of data protection we are unable to deal with the recipient or offer a refund direct to the recipient.
15. LOYALTY POINTS
Your custom is important to us, so as a reward for shopping with us and as an incentive to do so again in the future, we have a Loyalty Programme where we reward every order with loyalty points that can be used to help pay for future orders.
a) To earn loyalty points you must have an Account on our website, and to open an account you must be resident in the UK and aged 18 or over. Loyalty points carry a cash value that can be used against order from our site.
b) Each time you shop with us you will be awarded loyalty points. For every £1 you spend you will be awarded 2 loyalty points. Each loyalty point has a value of 1p and can be used on any future orders.
c) You can also earn loyalty points by taking other actions on our site such as writing reviews, opening your Account and referring friends. From time to time we may introduce other activities where by you can earn points. You can see these in your Account page.
d) You must have an Account with us in order to collect and view loyalty points. On your account page you will be able to see how many points you have accumulated and that are available for use.
e) Loyalty points can be used against any future order or any current order of wines or single taster boxes (but not subscription products) if you have accumulated them previously. Loyalty points are only redeemable using discount codes. To redeem loyalty points select the amount you wish to use from the loyalty and referral panel and click to redeem. This will generate a discount code that can be copied and used at the checkout stage.
f) We may suspend or terminate the Loyalty programme or a user’s ability to participate in loyalty points at any time for any reason. We reserve the right to suspend accounts or remove points if we notice any activity that we believe is abusive, fraudulent, or in violation of these Terms and Conditions. We reserve the right to review and investigate all loyalty point activities and to suspend accounts or modify loyalty points in our sole discretion as deemed fair and appropriate. The scope, variety, and type of products that you may obtain by redeeming loyalty points can change at any time.
g) The following conditions also apply with regard to Loyalty points:
i) there is a minimum spend limit of 100 points and no maximum limit
ii) loyalty points CANNOT be exchanged for a cash value
iii) loyalty points cannot be transferred to another Account at any time
iv) loyalty points are earned only on the total of your order excluding delivery charges
v) loyalty points will expire after 2 years and will reset to zero
vi) if an order is returned and refunded then your points balance will be adjusted accordingly
vii) loyalty points are awarded ONLY when an order has been dispatched
viii) we reserve the right to alter the value of any points at any time. You will be notified of this and be given the opportunity to spend them at their current value instead
We want to encourage and make it easy for our customers to refer our products to friends that they believe will like and enjoy it. We have created a Referral Programme to incentivise our customers to do so and to reward those whom they refer.
a) To participate in the Referral Programme you must have an Account on our website and to open an Account you must be resident in the UK and aged 18 or over.
b) When you create an Account you will receive a referral link that is unique to you. Only one referral link per account is permitted.
c) You can share this referral link, via email, twitter, facebook, whatsapp, messenger etc. with friends and personal connections who will appreciate receiving the invitation. Referral links should not be published, used for commercial purposes or distributed when there is a reasonable basis for believing that all or most of the recipients are not personal friends, for example on voucher websites, Reddit or Wikipedia.
d) When referred friends click on the link provided they will be taken to a special page on the website where, upon entering their email address, they will receive a discount code which provides them with a discount off their first order of any subscription product.
e) Those who make a referral will be rewarded with loyalty points (see clause 15) in the event that a referred friend uses their code to make a purchase of a subscription product. Loyalty points earned from referrals will be credited once the referees order has been dispatched.
f) The values of the rewards and discounts currently in effect can be seen on the Referral and Loyalty panel on the website. We reserve the right to change these at any time.
g) Friends referred to the Scheme may only use one referral link. In the event a person receives multiple links from different friends only the first one used by the referee will receive the loyalty points reward.
h) We may suspend or terminate the Referral Programme or a user’s ability to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or remove points if we notice any activity that we believe is abusive, fraudulent, or in violation of these Terms and Conditions. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of products that you may obtain by redeeming points can change at any time.
a) LAT makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Website.
b) No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
c) No part of this Website is intended to constitute a contractual offer capable of acceptance.
d) Whilst LAT uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Customers are advised to take responsibility for their own security, that of their personal details and their computers.
18. CHANGES TO THE WEBSITE AND THESE TERMS AND CONDITIONS
a) LAT reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
b) If LAT is required by law to make any changes to Terms and Conditions relating to the sale of Goods, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. AVAILABILITY OF THE WEBSITE
a) The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
b) LAT accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to: ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. WARRANTIES AND LIMITATIONS ON LIABILITY
a) We warrant that the LAT Goods will be of satisfactory quality, in accordance with their description and fit for their general purpose. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
b) Nothing in these Terms and Conditions shall preclude LAT’s liability for death or personal injury caused by its negligence, for fraud or for any other liability that cannot be excluded by law.
c) We advise that you take all necessary precautions when handling and consuming LAT Goods. LAT Goods contain alcohol, which should always be consumed in moderation. Please see www.drinkaware.co.uk for further guidance.
d) We will not be responsible for any loss, damage, costs, claims or expenses which arise as a result of the way in which you handle the LAT Goods, including, without limitation, any spillages, breakages, damage to your property or that of other people or damage caused to the LAT Goods because of the manner in which they are stored.
e) You agree that we shall not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Contract and/or our obligations under these Terms and Conditions including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.
f) We will not be liable for any loss, damage, costs, claims or expenses:
i) which arise from our refusal to accept your order under section 2, provided we have refunded your payment under section 2c and 2d;
ii) which are caused by your negligence or that of any person for whom we are not vicariously liable;
iii) which are caused by your breach of these Terms and Conditions or any failure to follow advice set out herein;
iv) for reasons which are beyond our control including, without limitation, an act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, traffic delays, malicious damage, strike, lock out, weather, third party injunction, national defence requirements and/or acts or regulations of national or local governments;
v) which arise as a result of failure by you to follow the requirements of the sections 10, 12 and 13 when receiving the Goods or claiming a refund;
vi) where you have acted fraudulently; and
vii) in any other circumstances where we have excluded liability under these Terms and Conditions.
g) Our maximum liability to you whether in contract, tort, under statute or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of our obligations under the Contract in respect of any one or more incidents or occurrences shall be limited to the cost of the order (excluding delivery costs) under such Contract.
21. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these T&Cs shall prevail unless it is expressly stated otherwise.
23. THIRD PARTY RIGHTS
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these T&Cs is solely between you and LAT.
All notices / communications shall be given to us either by post to The Old Bacon Factory, Broadwater Road, Framlingham, Suffolk IP13 9LL or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full prior to 5pm GMT on a business day or on the next business day if the email is sent after 5pm on a business day, on a weekend or on a public holiday.
25. LAW AND JURISDICTION
These Terms and Conditions and the relationship between you and LAT shall be governed by and construed in accordance with the laws of England and Wales and LAT and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.