Consumer Terms & Conditions Version 230924

EXOTIC FOODS PROCESSING LIMITED CONSUMER TERMS OF SALE (the “Conditions”)

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER
AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE
REFERENCE.

You should print off these Conditions for future reference. Please understand that if
you refuse to accept these Conditions, you will not be able to order any goods on
this website.

1. Format of the Contract

1.1 These terms of sale apply to all goods supplied to you as a consumer by
Exotic Foods Processing Limited whose registered office is at 8 Williamsport Way,
Lion Barn Estate, Needham Market, Suffolk, UK, IP6 8RW, registered in England and
Wales No. 15586977 (the “Supplier” or “We” or “Us”).

1.2 No contract exists between you and Us for the sale of any goods until We have
received and accepted your order and we have received payment in full (in cleared
funds), or (if earlier) we have delivered the goods to you. Once We do so, there is a
binding legal contract between us.

1.3 By way of clarification, each order or acceptance of a quotation for goods by you
from Us shall be deemed to be an offer by you to buy goods subject to these
Conditions. An acknowledgement of your order will be sent to you via e-mail when
you place your order. However, acceptance of your offer to buy the goods will not
take place until after your payment is taken and We have sent you an e-mail
accepting your offer or (if earlier) We have delivered the goods to you. It is at this
point that a binding legal contract is created and any contract is subject to these
Conditions and referred to herein as an “Agreement”.

1.4 As a Consumer, our Agreement with you is subject to your right of cancellation
(see below). A “Consumer” means an individual acting for purposes which are
wholly or mainly outside that individual’s trade, business, craft or profession.

1.5 We may change these Conditions without notice to you in relation to future
sales.

1.6 Each Agreement shall be subject to these Conditions to the exclusion of all other
terms and conditions (including any terms and conditions which you purport to
apply under any purchase order, confirmation of order, specification or other
document). No terms and conditions endorsed on, delivered with or contained in
your purchase order, confirmation of order, specification or other document shall
form part of the Agreement simply as a result of such documents being referred to
in the Agreement.

2. Availability of our goods and your status

2.1 The goods advertised on our website are only advertised to people resident in
the Serviced Countries listed at https://exotic-foods.co.uk/delivery-returns . We do not accept
orders from Customers outside of those countries. Some restrictions are placed on
the extent to which We accept orders from certain countries. Please review our
Serviced Countries website page before ordering goods from us.

2.2 By placing an order through our website, you warrant that:

(a) you are legally capable of entering into legally binding contracts;
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our website from one of the Serviced Countries.

2.3 Please note that in some cases, We accept orders as agents on behalf of third
party sellers. The resulting legal contract is between you and that third party seller,
and is subject to the terms and conditions of that third party seller, which they will
advise you of directly. You should carefully review their terms and conditions
applying to the transaction.

3. Description and Price of the Goods

3.1 The quality, description and price of the goods you order will be as shown on our
acknowledgement of order. All information on the website at the time you place
your order is for the sole purpose of giving an approximate idea of the goods
described thereon.

3.2 The goods are subject to availability. If on receipt of your order the goods you
have ordered are not available in stock, We will inform you as soon as possible and
refund or re-credit you for any sum that has been paid by you or debited from your
credit card for the goods.

3.3 Every effort is made to ensure that prices shown on our website are accurate at
the time you place your order. If an error is found, We will inform you as soon as
possible and offer you the option of reconfirming your order at the correct price, or
cancelling your order. If We do not receive an order confirmation within 14 days of
informing you of the error, the order will be cancelled automatically. If you cancel,
We will refund or re-credit you for any sum that has been paid by you or debited
from your credit card for the goods.

3.4 In addition to the price, you may be required to pay a delivery charge for the
goods.

4. Payment

4.1 Payment for the goods and delivery charges can be made by any method shown
on our website at the time you place your order. Payment shall be due before the
delivery date and time for payment shall be of the essence. The price for the goods
shall be exclusive of any value added tax and all costs or charges in relation to
packaging, loading, unloading, carriage and insurance, all of which amounts the
Buyer shall pay in addition when it is due to pay for the goods.

4.2 There will be no delivery of your goods until We receive the price in cleared
funds.

4.3 Payments shall be made by you without any deduction whether by way of
set-off, counterclaim, discount, abatement or otherwise unless you have a valid
court order requiring an amount equal to such deduction to be paid by Us to you.

5. Delivery

5.1 The goods you order will be delivered to the address you give to Us when you
place your order provided that We confirm that We can deliver to such address.

5.2 We will use our best efforts to process orders placed before 3.00 pm on a
working day on that day. Delivery shall be made as per the requested delivery
option provided no additional security checks are required and all stock items are
available. A working day is any day other than weekends and bank or other UK
public holidays. Time for delivery shall not be of the essence. The goods may be
delivered by Us in advance of the quoted delivery date.

5.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of
circumstances under our control) then without prejudice to any other right or
remedy available to Us, We may:

5.3.1 store the goods until actual delivery and charge you for its reasonable costs
(including insurance) of storage; or

5.3.2 sell the goods at the best readily obtainable price and (after deducting all
reasonable storage and selling expenses) account to you for any excess over the
price you agreed to pay for the goods or charge you for any shortfall below the price
you agreed to pay for the goods.

5.4 If you fail to take delivery because you have cancelled the Agreement under the
The Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 We shall refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for the goods, less any
expenses incurred for failed delivery.

5.5 Every effort will be made to deliver the goods as soon as possible after your order
has been accepted. Subject to the other provisions of these Conditions, We shall not
be liable for any direct, indirect or consequential loss, costs, damages, charges or
expenses caused directly or indirectly by any delay in the delivery of the goods (even
if caused by our negligence), nor shall any delay entitle you to terminate or rescind
the Agreement unless such a delay exceeds 180 days. In this case, We will inform you
as soon as possible.

5.6 On receipt of your order, you will be asked to sign stating that the goods have
been received in good condition. If you are unable to check the contents of the
package containing the goods at that moment in time please sign for the parcel as
“UNCHECKED”. Failure to do this may affect any warranty claims that you make
thereafter. It is your responsibility to inspect all goods and report to Us if there is any
shortfall or defects in the goods that We have delivered to you.

5.7 Missing or incomplete deliveries. All missing or incomplete deliveries should be
reported within 5 working days of the expected or physical delivery date. Failure to
report a missing or incomplete delivery within this time will invalidate any claim.

6. Import and Export Duties

6.1 For goods which are exported to non-UK countries you are liable for any import
duties and taxes that may be incurred. Please note that We have no control over
these charges and cannot predict their amount. Please contact your local customs
office for further information before placing your order. If you fail to accept the
goods by refusing to pay import duties or taxes which are due then you will be
charged for any additional shipping costs incurred in returning the goods to Us in
addition to charges that may be levied under Clause 3.4.

6.2 Please also note that you must comply with all applicable laws and regulations
for the country for which the goods are destined including obtaining all necessary
export licences. We will not be liable for any breach by you of such laws.

7. Risk/Title

7.1 Unless Clause 7.2 applies, the goods remain at our risk until they come into the
physical possession of either you or someone identified by you to take possession of
them.

7.2 Where you have commissioned a specific carrier who was not offered by us to
deliver the goods, risk will pass once the goods are delivered to that carrier and
responsibility for damage to the goods in transit and insuring the goods in transit is
your responsibility.

7.3 Ownership of the goods shall not pass to you until We have received in full (in
cash or cleared funds) all sums due to it in respect of:

7.3.1 the goods, and

7.3.2 all other sums which are or which become due to Us from you on any account.

7.4 We shall be entitled to recover payment for the goods notwithstanding that
ownership of any of the goods has not passed from Us.

8. Your right of cancellation under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 (the “Regulations”)

8.1 If you live in a country which is a member of European Union, you may use your
rights under the Regulations to cancel your contract with Us:

8.1.1 Right to Cancel: You have the right to cancel any contract within 14 days from
the day on which you acquire (or a third party indicated by you acquires) physical
possession of the goods.

8.1.2 Exercising Right to Cancel: To exercise your right to cancel you must inform us
of your decision to cancel by sending an email to shop@exotic-foods.co.uk with the subject
line “CANCELLATION” or by sending a letter to our address at 8 Williamsport Way,
Lion Barn Estate, Needham Market, Suffolk, UK, IP6 8RW. You may, use the following
model cancellation form, but it is not obligatory:

Subject: CANCELLATION

To: 8 Williamsport Way, Lion Barn Estate, Needham Market, Suffolk, UK, IP6 8RW

I hereby give notice that I cancel my contract of sale of the following goods

[PLEASE INSERT DETAILS OF YOUR ORDER]

Ordered on [PLEASE GIVE DATE OF YOUR ORDER]/ Received on [PLEASE GIVE DATE OF RECEIPT]

Name of Consumer: [PLEASE INSERT YOUR NAME]
Address of Consumer: [PLEASE INSERT YOUR ADDRES]
Signature of Consumer: [PLEASE PROVIDE YOUR SIGNATURE IF THIS FORM IS ON PAPER]

Date: [PLEASE INSERT THE DATE]

8.1.3 Cancellation Deadline: To meet the cancellation deadline, it is sufficient for you
to send your communication concerning your exercise of the right to cancel before
the cancellation period has expired.

8.1.4 Effect of Cancellation: If you cancel your contract, we will reimburse to you all
payments received from you, including the costs of delivery of the goods to you
(except for supplementary costs arising if you chose a type of delivery other than the
least expensive type of delivery).

8.1.5 Reimbursement: We will make reimbursements to you without undue delay
and not later than: (i) 14 days after the day we receive back the goods supplied; or (ii)
(if earlier) 14 days after you provide evidence that you have returned the goods. We
will make the reimbursement to you using the same method of payment as you
used for the initial transaction, unless we have expressly agreed otherwise. In any
event, you will not incur any fees as a result of the reimbursement.

8.1.6 Return of the goods: You shall send back the goods, or hand them over to us
without undue delay and in any event not later than 14 days from the day on which
you communicate your cancellation of the contract to us. The deadline is met if you
send the goods before the period of 14 days has expired. You will have to bear the
direct costs of returning the goods. We may withhold reimbursement until we have
received the goods back or you have supplied evidence of having sent the goods
back, whichever is the earliest.

8.1.7 Diminished Value of the goods: You are only liable for any diminished value of
the Products resulting from the handling other than what is necessary to establish
the nature, characteristics and functioning of the goods. Items not received in
satisfactory condition will be charged up to 15% of the item’s value as a re-stocking
fee, this will be deducted from your refund.

8.2 You do not have the right to cancel an Agreement if the order is for goods which
are made to your specifications and are personalised.

8.3 Where We are supplying You with digital content not on a tangible medium you
will have the option to receive the digital content immediately and in doing so you
will waive your right to cancel the contract under Clause 8.1.1.

8.4 Where We are supplying you with services You shall have the right to cancel the
contract within the cancellation period under Clause 8.1.1 unless upon your request
all or part of the services have been performed before the end of the cancellation
period in which case We shall be entitled to be paid for all services performed up
until that date.

9. Warranty

9.1 Where We are not the manufacturer of the goods, We shall endeavour to transfer
to you the benefit of any warranty or guarantee given to Us.  Please contact
shop@exotic-foods.co.uk  to check the current USE BY date of the product you are
purchasing.

9.2 All goods supplied by Us are warranted up to and including the USE BY date
(unless otherwise stated). The goods shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
(b) be reasonably fit for any particular purpose for which the goods are being
bought if you have made known that purpose to us in writing and We have
confirmed in writing that it is reasonable for you to rely on our skill and judgment.
This warranty does not affect your statutory rights as a Consumer.

9.3 This warranty does not apply to any defect in the goods arising from fair wear
and tear, wilful damage, accident, negligence by you or any third party, use
otherwise than as recommended by Us, failure to follow our instructions, or any
alteration or repair carried out without our approval.

9.4 If the goods supplied to you are damaged on delivery, you should notify Us in
writing via the e-mail address shop@exotic-foods.co.uk within 7 days. We would ask
that you exercise such right using our returns procedure set out at
https://www.exotic-foods.co.uk/delivery-returns/

9.5 If the goods supplied to you develop a defect while under warranty or you have
any other complaint about the goods, you should notify Us in writing via the e-mail
address shop@exotic-foods.co.uk, as soon as possible, but in any event within 7 days of the
date you discovered or ought to have discovered the damage, defect or complaint.

9.6 We shall not be liable for a breach of any of the warranties in Clause 9.2 unless:
(a) you give Us written notice of the defect, and, if the defect is as a result of
damage in transit to the carrier, within 7 days of the time when you discover or
ought to have discovered the defect; and (b) We are given a reasonable opportunity
after receiving the notice of examining such goods and you (if asked to do so by Us)
return such goods to our place of business at our cost for the examination to take
place there.

9.7 We shall not be liable for a breach of any of the warranties in Clause 9.2 if:
(a) you make any further use of such goods after giving such notice; or
(b) the defect arises because you failed to follow our oral or written instructions as
to the storage, installation, commissioning, use or maintenance of the goods or (if
there are none) good trade practice; or (c) you alter or repair such goods without our
written consent.

9.8 Subject to Clauses 9.6 and 9.7, if any of the goods do not conform with any of the
warranties in Clause 9.2 We shall, at our option, repair or replace such goods (or the
defective part) or refund the price of such goods at the pro rata Agreement rate
provided that, if We so request, you shall, at our expense, return the goods or the
part of such goods which is defective to Us.

9.9 If We comply with Clause 9.8 We shall have no further liability for a breach of any
of the warranties in Clause 9.2 in respect of such goods.

10. Limitations of Service

10.1 While we make every effort to address and resolve issues promptly, there may
be circumstances beyond our control that prevent us from achieving a satisfactory
resolution. In such cases, we will use all reasonable endea vours to assist the client,
but we cannot guarantee a resolution.

10.2 All Reasonable Endeavours: In the event that we are unable to solve an issue
despite our best efforts, we will use all reasonable endeavours to explore alternative
solutions or provide additional assistance as appropriate. However, we cannot be
held liable for factors outside of our control that may impact the resolution process.

11. Limitation of Liability

11.1 Subject to Clauses 3 and 9, the following provisions set out our entire financial
liability (including any liabilities for the acts or omissions of our employees, agents
and sub-contractors) Our total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance of this Agreement
shall be limited to the price paid for the goods.

11.2 All warranties, conditions and other terms implied by statute or common law
(save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to
the fullest extent permitted by law, excluded from the Contract.

11.3 Nothing in these Conditions excludes or limits our liability for death or personal
injury caused by our negligence or fraudulent misrepresentation or any other matter
for which liability cannot be excluded or limited under law.

11.4 You acknowledge that in relation to the goods and services provided by Us that
such goods and services (and in particular the provision of training by Us) has not
been designed to meet Your individual requirements and that it is therefore your
responsibility to ensure that such goods and services meet your requirements. We
shall not be liable for any failure of the goods and services to provide any particular
facility or function.

12. Intellectual Property and Data Protection

12.1 We (or our suppliers) retain all intellectual property rights in all goods we supply
to You. We may litigate, negotiate and settle all claims in relation to any such
intellectual property rights if the litigation is directly related to goods supplied to
You.

12.2 We will take all reasonable precautions to keep your details and the details of
your order and payment secure and in accordance with the Data Protection Act 1998

13. Force Majeure

We reserve the right to defer the date of delivery or to cancel an Agreement or
reduce the volume of goods you order (without liability to you) if We are prevented
from or delayed in the carrying on of our business due to circumstances beyond our
reasonable control. If the circumstances in question continue for a continuous
period in excess of 180 days, you shall be entitled to give Us notice in writing to
terminate the Agreement.

14. Written Communications and Notices

14.1 Applicable laws require that some of the information or communications We
send to you should be in writing. When using our website, you accept that
communication with Us will be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on our website. For contractual
purposes, You agree to this electronic means of communication and You
acknowledge that all contracts, notices, information and other communications that
We provide to you electronically comply with any legal requirement that such
communications be in writing. This Clause does not affect your statutory rights.

14.2 All notices given under or in connection with the Agreement shall be in writing
and shall be sent to the address of the recipient set out in this Agreement or such
other address as the recipient may designate by notice given in accordance with the
provisions of this clause. Any such notice may be delivered personally by hand
(including by commercial courier) or by first class pre-paid letter (or by air-mail if
overseas) or by facsimile transmission, and shall be deemed to have been served, if
by hand, when delivered; if by first class post, 48 hours after posting; (if by air-mail,
fifive days from the date of posting) and if by facsimile transmission or e-mail, when
successfully despatched in full.

16. General

Each of our rights or remedies under the Agreement is without prejudice to any
other of our rights or remedies whether under the Agreement or not. If any
provision of the Agreement is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or
unreasonable it shall to the extent of such illegality, invalidity, voidability,
unenforceability or unreasonableness be deemed severable and the remaining
provisions of the Agreement and the remainder of such provision shall continue in
full force and effect.

If We fail or delay in enforcing or partially enforcing any provision of the Agreement
this shall not be construed as a waiver of any of its rights under the Agreement. Any
waiver by Us of any breach of, or any default under, any provision of the Agreement
by you shall not be deemed a waiver of any subsequent breach or default and shall
in no way affect the other terms of the Agreement.

17. Applicable Law / Jurisdiction

The formation, existence, performance, validity and all aspects of the Agreement will
be subject to English law and the English courts will have exclusive jurisdiction in
respect of any dispute arising from the Agreement.

Consumer Terms & Conditions Version 230924

Updated 23.09.2024

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