Terms of service

These terms and conditions of sale (the "Terms") govern the relationship between
you and New Forest Shortbread Limited ("we"/"us") relating to use of our website
and the sale of goods from our website. Please read these Terms carefully and
make sure that you understand them before you start to use our website and
before placing an order. If you do not agree to these terms, please refrain from

using our website.

Before you place an order you will be asked to agree to these Terms. By placing

your order, you agree to be bound by these terms.

You should print a copy of these Terms or save them to your computer for future

reference.
ACCESSING OUR SITE

Our website is made available free of charge.

We do not guarantee that our website, or any content on it, will always be
available or be uninterrupted. Access to our website is permitted on a temporary
basis. We may suspend, withdraw, discontinue or change all or any part of our
website without notice. We will not be liable to you if for any reason our website

is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access

to our website.

You are also responsible for ensuring that all persons who access our website
through your internet connection are aware of these terms of use and other
applicable terms and conditions, and that they comply with them.
Our website is directed to people residing in the United Kingdom. We do not
represent that content available on or through our website is appropriate or
available in other locations. We may limit the availability of our website or any
service or product described on our website to any person or geographic area at
any time. If you choose to access our website from outside the United Kingdom,

you do so at your own risk.
DEFINITIONS

When the following words with capital letters are used in these Terms, this is what

they will mean:

"Contract" means a contract between us and you for the delivery of Goods,
comprised of an Order from you, an Order Confirmation from us and these Terms;

"Event Outside Our Control" is defined in clause 9.2;

"Goods" means the products that we are selling to you as set out in the Order;
"Order" means your order for the Goods on our online order form;
"Order Confirmation" means the email we send to you confirming our acceptance

of your Order, containing the Order number;

"Terms" means the terms and conditions set out in this document (as amended

from time to time).

When we use the words "writing" or "written" in these Terms, this will include

email unless we say otherwise.

INFORMATION ABOUT US AND HOW TO CONTACT US

We operate the website https://www.newforestshortbread.co.uk. We are New
Forest Shortbread Limited. Our company registration number is 12533530 and our
registered office is Burley Rails Cottage, Burley, Hampshire, BH24 4HT. Our main
trading address is 6 Lyndhurst Road Brockenhurst Hampshire SO42 7RL. Our

registered VAT number is 359 1634 76.

If you wish to contact us, you can do so by telephoning us at +44 (0)7471 684639

or by emailing us at enquiries@newforestshortbread.co.uk

If we have to contact you or give you notice in writing, we will do so by email or by

pre-paid post to the address you provide to us in your Order.
TRANSACTIONS CONCLUDED THROUGH OUR SITE

1. Our products

1.1. Although we have made every effort to display the Goods accurately on our
website, because our Goods are handmade, your Goods and their packaging may

vary slightly from those images.
2. If you are a consumer

This clause 2 only applies if you are a consumer.

2.1. If you are a consumer, you may only purchase Goods from our website if you

are at least 18 years old.
3. If you are a business customer
This clause 3 only applies if you are a business.

3.1. 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 Goods.
3.2. The Contract constitutes the entire agreement between you and us and
supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between us, whether written or

oral, relating to its subject matter.

3.3. 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.

3.4. 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

the Contract.

4. Our contract with you

4.1. Our website pages will guide you through the steps you need to take to place
an Order with us. Our order process allows you to check and amend any errors
before submitting your Order to us. Please take the time to read and check your
Order at each stage of the order process. It is your responsibility to make sure all
the details in your Order are correct. If you think that there is a mistake or require

any changes, please contact us to discuss.

4.2. When you submit your Order to us, this does not mean we have accepted
your Order for Goods. Our acceptance of the Order will take place, and these
Terms will become binding on you and us, when we issue you with an Order
Confirmation, at which point the Contract will come into existence between you

and us.

4.3. If we are unable to supply you with the Goods or otherwise cannot accept
your Order, we will inform you of this and we will not process the Order.
4.4. We shall assign an order number to the Order and inform you of it in the
Order Confirmation. Please quote the order number in all subsequent

correspondence with us relating to your Order.
5. Changes to order or terms

5.1. We may revise these Terms at any time but this right shall not affect the
existing Terms accepted by you upon placing an Order. Every time you wish to
order Goods, please check these Terms to ensure you understand the terms which

will apply at that time.

5.2. We may withdraw any Goods from the website at any time but this will not

affect any existing Orders you have placed with us.

5.3. If you wish to make a change to your Order at any time before we dispatch
the Goods, you should contact us. If any change means a change in the total price
of the Goods, we will notify you of the amended price in writing.
5.4. If you wish to cancel an Order before it has been dispatched, please see your

right to do so in clause 9.
6. Price and payment

6.1. The price of the Goods will be as quoted on our website at the time you
submit your Order. These prices include VAT (where applicable) at the prevailing
rate at the time of purchase. The price excludes delivery charges, which, if the
value of the Order is under the stipulated minimum amount as set out on our

website, will be added to the total amount due. Order totals (exclusive of delivery)
in excess of the stipulated minimum will be despatched free of any delivery
charges. The total purchase price, including VAT and delivery charges, if any, will
be displayed in your shopping cart before you place your Order. If you change your
Order in accordance with these Terms thereafter, we will advise you of the

amended price in writing.

6.2. Our prices may change at any time, but price changes will not affect Orders

that we have confirmed with you.

6.3. You must make payment for Goods when you place your Order by credit or

debit card.

6.4. It is always possible that, despite our best efforts, some of the Goods we sell
may be incorrectly priced on our website. We will normally check prices as part of

our dispatch procedures so that:

6.4.1. where the correct price for the Goods is less than the price stated on our
website, we will charge the lower amount and will refund the difference to you.
However, if the pricing error is obvious and unmistakeable and could have
reasonably been recognised by you as a mispricing, we do not have to provide the

Goods to you at the incorrect (lower) price; and

6.4.2. if the correct price for the Goods is higher than the price stated on our
website, we will contact you as soon as possible to inform you of this error and we
will give you the option of continuing to purchase the Goods at the correct price
or cancelling your Order. We will not dispatch your Order until we have your
instructions. If we are unable to contact you using the contact details you
provided during the order process, we will treat the Order as cancelled and notify

you in writing.
7. Delivery

7.1. You will be provided with an estimated delivery date on placing your Order.
Goods will normally be dispatched within 48 hours of the Order being accepted,
and at the latest within 21 days of the Order being accepted, and you will receive
a dispatch confirmation by email when this happens. While we shall use all
reasonable commercial endeavours to deliver on the estimated delivery date, we
cannot guarantee this. If we cannot deliver the Goods to you on the estimated
delivery date, we will contact you by email as soon as possible to advise you of

this and provide you with a revised estimated delivery date. Occasionally our
delivery to you may be affected by an Event Outside Our Control. See clause 8 for

our responsibilities when this happens.

7.2. The Goods will be delivered to the delivery address provided by you and set
out in the Order, provided that delivery can only be made within mainland Great
Britain. For the avoidance of doubt, deliveries cannot be made in Northern
Ireland. Deliveries shall be made by a reputable national carrier or, alternatively,
may be made by us for addresses within the New Forest. Please note that
timescales for delivery and delivery charges will vary depending on the availability

of the Goods and your address.

7.3. If no one is available at your address to take delivery, we will leave you a note
that the Goods have been returned to our premises, in which case, please contact
us to rearrange delivery. We reserve the right to charge you for any additional
delivery costs if this happens. If the carrier leaves a calling card, it is your
responsibility to contact them directly to rearrange delivery.
Clauses 7.4, 7.5 and 7.6 only apply if you are a consumer.

7.4. If we miss the 21-day delivery deadline for any Goods then you may cancel

your Order straightaway if any of the following apply:
7.4.1. we have refused to deliver the Goods;

7.4.2. delivery within the delivery deadline was essential (taking into account all

the relevant circumstances); or

7.4.3. you told us before we accepted your Order that delivery within the delivery

deadline was essential.

7.5. If you do not wish to cancel your Order straight away, or do not have the right
to do so under clause 7.4, you can give us a new deadline for delivery, which must
be reasonable, and you can cancel your Order if we do not meet the new

deadline.

7.6. If you do choose to cancel your Order for late delivery under clause 7.4 or
clause 7.5, you can do so for just some of the Goods or all of them (unless splitting
them up would significantly reduce their value). After you cancel your Order we
will refund any sums you have paid to us for the cancelled Goods and their

delivery.

7.7. Delivery of an Order shall be completed, and you will own the Goods, when

we successfully deliver the Goods to the address you gave us and the Goods will

be your responsibility from that time.
8. Events outside our control

8.1. We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under these Terms that is caused by an

Event Outside Our Control.

8.2. An "Event Outside Our Control" means any act or event beyond our
reasonable control, including without limitation acts of God, governmental
actions, strikes, acts of terrorism, war or national emergency, fire, explosion,

flood, epidemic, and extreme weather conditions.

8.3. If an Event Outside Our Control takes place that affects the performance of
our obligations under these Terms, we will notify you as soon as reasonably
possible. If this means we are unable to deliver the Goods to you on the estimated
delivery date, we will use all reasonable endeavours to offer you an alternative
date. If the date we offer to you is more than 7 days after the previous delivery
date, you will be entitled to cancel the Order provided you notify us of
cancellation before we dispatch the Goods to you. Please see your cancellation
rights under clause 10. If you do so cancel, we will provide you with a full refund.
We shall not, however, be liable for any costs, losses or damages you suffer as a

result of cancellation of your Order in these circumstances.
9. Your rights to cancel and applicable refund

9.1. If you need to cancel or amend your Order, you should contact us via email at
enquiries@newforestshortbread.co.uk as soon as possible. You may cancel your
Order provided you do so before we dispatch the Goods. As all of our products are
perishable, we unfortunately cannot accept cancellations after we have
dispatched the Goods to you. You will have no right to cancel your order under the
Consumer Contracts (Information, Cancellation and Additional Charges)

Regulations 2013.

9.2. Where you cancel your Order under clause 9.1, we will provide you with a full
refund (including delivery costs) within 28 days of the date on which you cancel
your Order. We will refund you on the credit card or debit card used by you to pay.
If you used vouchers to pay for the Goods we may refund you in vouchers.
9.3. To cancel your Order, you just need to let us know that you have decided to

cancel by emailing us at enquiries@newforestshortbread.co.uk or by contacting us
by telephone on +44 (0)7471 684639 or by post at 6 Lyndhurst Road,
Brockenhurst, Hants, SO42 7RL. If you are emailing us or writing to us, please
include your Order number and details of your Order to help us identify it.
9.4. We will confirm your cancellation to you in writing by email.
9.5. If you are a consumer, we are under a legal duty to supply Goods that are in
conformity with this Contract and you have legal rights in relation to Goods that
are faulty or not as described. These legal rights are not affected by anything in
these Terms. Advice about your legal rights is available from your local Citizens'

Advice Bureau or Trading Standards office.

9.6. If we supply you with Goods that are faulty or not as described, you should
notify us in writing as soon as possible. If you would like us to provide you with
replacement Goods or a refund, you must return the Goods to us, in the original
packaging and clearly showing the Order number. We will issue you with
replacement Goods or a full refund (including delivery costs and postage costs
incurred by you in returning the Goods to us) within 28 days of the date on which
we receive the returned Goods. If you are returning the Goods to us, we strongly
recommend you obtain a (free) proof of postage receipt from the Post Office as
we cannot be held responsible for packages which do not arrive.

10. Our rights to cancel and applicable refund

10.1. We may have to cancel an Order before the Goods are delivered, due to an
Event Outside Our Control or the unavailability of stock or if we are unable to
contact you using the contact details you provided during the order process. If this

happens:

10.1.1. we will promptly contact you to let you know; and

10.1.2. you will receive a full refund.
11. Our liability if you are a business
This clause 11 only applies if you are a business.
11.1. We supply the Goods resale.

11.2. Nothing in these Terms limits or excludes our liability for:
11.2.1. death or personal injury caused by our negligence;
11.2.2. fraud or fraudulent misrepresentation;

11.2.3. breach of the terms implied by section 12 and section 14 of the Sale of

Goods Act 1979 (title and quiet possession, and quality or fitness, respectively); or
11.2.4. defective products under the Consumer Protection Act 1987.
11.3. Subject to clause 11.2, we will under no circumstances whatever be liable to
you, whether in contract, delict (including negligence), breach of statutory duty, or

otherwise, arising under or in connection with the Contract for:
11.3.1. any loss of profits, sales, business, or revenue;
11.3.2. loss or corruption of data, information or software;

11.3.3. loss of business opportunity;
11.3.4. loss of anticipated savings;
11.3.5. loss of goodwill; or
11.3.6. any indirect or consequential loss.

11.4. Subject to clause 11.2, our total liability to you in respect of all losses arising
under or in connection with the Contract, whether in contract, delict (including
negligence), breach of statutory duty, or otherwise, shall in no circumstances

exceed 125% of the price of the Goods.

11.5. Except as expressly stated in these Terms, we do not give any representation,
warranties or undertakings in relation to the Goods. 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 Goods are suitable for

your purposes.

12. Our liability if you are a consumer
This clause 12 only applies if you are a consumer.

12.1. If we fail to comply with these Terms, we are responsible for loss or damage
you suffer that is a foreseeable result of our breach of the Terms or our
negligence, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our
breach or if it was contemplated by you and us at the time we entered into the

Contract.

12.2. We only supply the Goods for domestic and private use. You agree not to use
the Goods for any commercial, business or resale purposes, and we have no
liability to you for any loss of profit, loss of business, business interruption, or loss

of business opportunity.

12.3. We do not in any way exclude or limit our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;

12.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act

1979 (title and quiet possession);

12.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods
Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5. defective products under the Consumer Protection Act 1987.

13. How we may use your personal information

13.1. We take the privacy of your personal information seriously. Please see our

Privacy Policy, available at

https://www.newforestshortbread.co.uk/privacy-policy/ for further details of how

we handle your personal information.
14. Other important terms

14.1. We may transfer our rights and obligations under these Terms to another
organisation, and we will always tell you in writing if this happens, but this will not
affect your rights under the contract or the obligations owed to you under the

Contract.

14.2. The Contract is between you and us. No other person shall have any rights to

enforce any of its terms.

14.3. 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.

14.4. If we fail to insist that you perform any of your obligations under these
Terms, or if we do not enforce our rights against you, or if we delay in doing so,
that will not mean that we have waived our rights against you and will not mean
that you do not have to comply with those obligations. If we do waive a default by
you, we will only do so in writing, and that will not mean that we will

automatically waive any later default by you.
CHANGES TO OUR WEBSITE

We may update our website from time to time, and may change the content at
any time. However, please note that any of the content on our website may be out
of date at any given time, and we are under no obligation to update it.
We do not guarantee that our website, or any content on it, will be free from

errors or omissions.
INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our website,
and in the material published on it. Those works are protected by copyright laws

and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our
website for your personal reference and you may draw the attention of others

within your organisation to material posted on our website.

You must not modify the paper or digital copies of any materials you have printed
off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any

accompanying text.

Our status (and that of any identified contributors) as the authors of content on

our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes

without obtaining a licence to do so from us or our licensors.

NO RELIANCE ON INFORMATION

Commentary and other materials posted on our website are not intended to
amount to advice on which reliance should be placed. We therefore disclaim all
liability and responsibility arising from any reliance placed on such materials by
any visitor to our website, or by anyone who may be informed of any of its

contents.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal
injury arising from our negligence, or our fraud or fraudulent misrepresentation,

or any other liability that cannot be excluded.

To the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to our website or any content on

it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract,
delict (including negligence), breach of statutory duty, or otherwise, even if

foreseeable, arising under or in connection with:
· use of, or inability to use, our website; or

· use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue;

· business interruption;
· loss of anticipated savings;

· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for
domestic and private use. You agree not to use our website for any commercial or
business purposes, and we have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may infect
your computer equipment, computer programs, data or other proprietary
material due to your use of our website or to your downloading of any content on

it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website.
Such links should not be interpreted as endorsement by us of those linked
websites. We will not be liable for any loss or damage that may arise from your

use of them.
VIRUSES

We do not guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer
programmes and platform in order to access our website and should use your own

virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or technologically
harmful. You must not attempt to gain unauthorised access to our website, the
server on which our website is stored or any server, computer or database
connected to our website. You must not attack our website via a denial-of-service

attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to use

our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material that
may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our website or to your downloading of any

material posted on it, or on any website linked to it.

LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval or

endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link
to any part of our website other than the home page. We reserve the right to

withdraw linking permission without notice.
LINKS FROM OUR WEBSITE

Where our website contains links to other websites and resources provided by
third parties, these links are provided for your information only. We have no
control over the contents of those websites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use of

them.
APPLICABLE LAW

If you are a consumer, please note that these terms and conditions, their subject
matter and their formation are governed by law. You and we both agree to that
the courts will have non-exclusive jurisdiction. If you are a business, these terms
of use, their subject matter and their formation (and any non-contractual disputes

or claims) are governed by law.

CONTACT US

To contact us, please telephone +44 (0)7471 684639 or email

enquiries@newforestshortbread.co.uk
Thank you for visiting our website.

September 2024