TERMS & CONDITIONS

1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. We will confirm that your order has been received by sending an email to you at the email address you provide in your order form. Acceptance will be deemed to take place upon despatch of your order. Our acceptance of your order brings into existence a legally binding contract between us.

2. Price
2.1. The prices payable for goods that you order are as set out in our website.
2.2. Prices displayed are inclusive of value added tax at the current rate if applicable.
2.3. You will be required to pay extra for delivery and it may not be possible for us to deliver to some locations.
2.4. Delivery prices are charged by order weight, volumetric size and geographical location and can be calculated during the checkout process.
2.5. Whilst we try to ensure that all prices displayed on our website are accurate, errors can occur. In the event that we discover an error, we will inform you as soon as possible to confirm whether you still wish to purchase the item or cancel. If we are unable to contact you we will treat the order as cancelled.

3. Payment
3.1. You undertake that all details you provide to us for the purpose of ordering or purchasing goods are correct, that the credit or debit card or the PayPal account you are using is your own, and that there are sufficient funds to cover the goods ordered.
3.2. Orders must be paid for before despatch, unfortunately we cannot send items cash on delivery.

4. Products
4.1. Every effort is made to describe products correctly; however we reserve the right to change sizes, colours, materials, accessories, ingredients, manufacturing processes and other specifications without notice.
4.2. Images shown are for illustration only and may not exactly match the item you receive. In particular colours, unless specified, may not match the actual product shown or a previous product supplied.
4.3. Nuts’ sizes are provided for guidance only and are not guaranteed, as they may naturally vary.
4.4. Product dimensions are believed to be correct, however items can vary individually, for example due to the use of natural materials; some inconsistencies are to be expected.
4.5 Whilst every effort is made to ensure the safety of all items we sell, all products must be inspected upon receipt and any problems notified to us in writing.

5. Registration
5.1. You may choose a password on completion of registration; your username will be your email address. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
5.2. If there are any changes to the details supplied by you it is your responsibility to inform Hardys Market Ltd as soon as possible by updating “Your Account” on the website.

6. Right for you to cancel your contract
6.1. If you are not happy with any items you have purchased from us you are welcome to return them within 7 days from the date of purchase and we will be more than happy to refund the cost of the items in question.
6.2. This guarantee is in addition to your legal right under the Distance Selling regulations which provide you with the right to cancel without reason, any time up to the end of the seventh working day from the date you receive the ordered goods.
6.3. You cannot cancel if the goods are perishable, and after you have broken a vacuum sealed bag. If you are unsure as whether you can return any goods please contact us for advice.
6.4. Any goods returned must be unused / unopened and in their original packaging and condition.
6.5. To cancel your contract you must first notify us, this can be done by notifying us in writing. Upon receiving your request we will contact you a.s.a.p regarding any cause of action that may be required by yourself or otherwise.
6.6. If you have not received the goods before you cancel your contract then [unless, under clause 6.3., you do not have a right to cancel] you must send the goods back to our contact address or in the case of drop shipping items to the address which we will provide you with at your own cost and risk. If you cancel your contract but we have already processed and dispatched the goods you must not unpack the goods when they are received by you and you must send the goods back to our contact address or in the case of drop shipping items to the address which we will be provide you with at your own cost and risk as soon as possible.
6.7. Once you have notified us that you are cancelling your contract, any sum debited to us from your card or paypal account in relation to those specific goods, will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6.8. If for any reason you are not available to accept the parcel dispatched by us and it is returned back to us for any reason this may result in additional charges.
• 6.8.1 return to sender charges (if incured by us) will be deducted from any subsequent refunds issued to you if you deside to cancel your order;
• 6.8.2 return to sender charges (if incured by us) plus addtional delivery charges will be payable by you for any addtional attempts to re-deliver your order;
6.9. To avoid possible problems with returns, we would always advise customers to contact us first for returns authorization.
6.10. For security reasons refunds can only be made to the same card or paypal account which was used for the original transaction.
6.11. Your statutory rights are not affected.

7. Cancellation by us
7.1. we reserve the right to cancel the contract between us if:
• 7.1.1 we have insufficient stock to deliver the goods you have ordered;
• 7.1.2. we do not deliver to your area; or
• 7.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
• 7.2. If we do cancel your contract we will notify you by e-mail or other means and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss, inconvenience or disappointment suffered.

8. Delivery of goods to you
8.1. All orders will normally require a signature on delivery, but can be left outside the premises, if it has been agreed or if we have received our explicit instructions to do so.
8.2. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
8.3. Incorrect or incomplete addresses may result in your order being delayed or even returned to us which may incur further delivery charges.
8.4. Orders are dispatched by us Monday to Friday excluding bank holiday Mondays.
8.5. Orders received before 12pm (noon) Monday to Friday are normally dispatched on the next day when ever possible. Orders received after 12pm (noon) Monday to Friday will be dispatched on the next available working day or shortly thereafter.
8.6. In stock orders are normally delivered within 2-5 working days or sooner from the date of dispatch depending upon the type of service you have chosen during the checkout process.
8.7. If your order contains an item which is currently out of stock but due in the next few days, we will wait until the whole order can be despatched together. Should an item be particularly urgent please state this at the time of ordering so we can contact you if there is going to be a delay.
8.8. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

9. Liability
9.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 2 working days of the date delivery of the goods in question.
9.2. If you do not receive the goods you ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 40 days of the date on which you ordered the goods.
9.3. If you notify a problem to us under the condition, 9.1 above, our obligation will be, at our sole option/discretion:
• 9.3.1. to make good any shortage or non-delivery;
• 9.3.2. to replace or exchange any goods that are damaged or defective, on receipt/return from you of any damaged goods that are unperishable and/or where any claims are related to packaging or external condition of the packaging including damaged packaging.; or
• 9.3.3. to refund to you the amount paid by you for the goods in question on receipt/return from you of any damaged goods that are unperishable and/or where any claims are related to packaging or external condition of the packaging including damaged packaging.
9.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under these conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
9.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights.
9.7. The www.russianfoods.co.uk website is provided by Hardys Market Ltd without any guarantees or warranties. You must bear the risks associated with use of the internet.
9.8. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

10. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 89 High Street, Glasgow, G1 1NB, Scotland, UK and all notices from us to you will be displayed on our website from to time.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

12. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

13. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy, details of which can be found on this website.

14. Governing Law
The contract between us shall be governed by and interpreted in accordance with Scots law and the Scottish courts shall have jurisdiction to resolve any disputes between us.

15. Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

17. Changes
We reserve the right to make changes to our website, policies, and terms and conditions at any time without notice. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

18. Company Details: Hardys Market Ltd. Co. Reg No: 13458076. Registered Company Address:22a Lower Bridge Street, Canterbury, Kent, United Kingdom, CT1 2LG

Privacy & Security
Hardys Market Ltd is committed to protecting your privacy.
This policy explains how we use the information we collect about you; how you can limit our use of that information and the procedures we have in place to safeguard your details.

When you register on our website we need to know your name, address, telephone number, email address and a security password so you can login to your account in the future. When you place an order with us your payment details will also be required to be able to process the order that you place. Occasionally your contact details are required if we need to contact you regarding the order you have placed with us.

Some of the information may be passed to our service providers or sub-contractors in order to fulfil the order – for example the courier who delivers the order. They may also contact you if for example they are unable to locate the delivery address you have provided.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us improve the website and service, and may provide this information to third parties. This will not include any information that can be used to identify any individual.

We may also wish to provide you with information about special offers and new products or anything else we think may be of interest. Our promotional newsletters are sent to you using Vertical Response a 3rd party service provider and not directly from our website, so if you no longer wish to receive these promotional emails, please reply to the email message with “Unsubscribe” in the subject line or simply click on the “Unsubscribe” link provided at the bottom of every newsletter.

Other than as detailed above and as required by law we will not sell or pass your details to anyone outside AVA Prime Limited.

Cookies
Cookies are small text files sent from our website server to your internet browser and then sent back each time you access the website in future. This website uses Cookies to store session information – e.g. the contents of your basket – for login purposes – and to run our affiliate tracking system. If you turn Cookies off on your Browser you may not be able to access all features of the website.

Protecting your information
We have never heard of a case where using this website resulted in fraudulent use of a customer’s details. We use industry standard Secure Socket Layer encryption to safe guard your private information and to enable us to pass your order details from our website over to our payment service providers such as PayPal or Sage Pay which enables us to process your order payment details in a secure environment.

Updating your details
If any of your details change, including name, address, telephone number or email address, please update them in the “My Account” section of this website immediately.

Your consent
By using the website and submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page and may place notices on other pages of the website so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.

Owing to the global nature of the Internet infrastructure the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However we have taken the steps above to improve the security of your information as far as possible. By submitting your information you consent to these transfers.

At Hardys Market Ltd, we write our terms and conditions as clearly as possible, and make them fair to you

Refunds and Cancellations

If an item is damaged or defective, then we will either refund you for the value of the item, or send you a replacement at no extra cost. You however must notify us of the damage or deficts withing 2 working days of receipt of the relevant goods by you. Please contact us if this happens and provide evidence in the form of photographs/images which can be emailed to us.

Cancellations:

If you decide to cancel your order (or part of your order) before it has been dispatched, a
cancellation/admin fee will be charged. This will be 10% of the existing order total.

You cannot cancel your order after it has been dispatched and before you receive it.

You can send any goods back for a full refund, provided that they are unopened, in a saleable condition and not beyond the Best Before Date. Please contact us before returning an item. You will be given a returns address to which to send the parcel, and will receive an immediate refund for the goods when they arrive here. Please obtain proof of postage.