Terms and Conditions of Sale

These are the Terms and Conditions upon which E.H. Booth & Co., Limited, a company registered in England and Wales with company number 00049933 (referred to in these Terms and Conditions as “Booths”, “our” and “we”) provides products to you via our  Food to Order website (“Website”). If you have any queries relating to these Terms and Conditions, please contact our Customer Services team on 0800 221 8086 or visit our contact us page.

Please read these Terms and Conditions and our Use of Website(s) Terms and Conditions  carefully as they govern purchase of any products (or services) through our Website. The Use of Website(s) Terms and Conditions and our Booths Card Terms and Conditions govern your entry and use of any Booths websites  and Cardholder Competitions.  You will not be able to order any products from our Website unless you confirm that you accept these Terms and Conditions.  We recommend that you print and retain a copy of these Terms and Conditions for future reference.

Booths reserves the right, at our absolute discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes as they affect your rights and liabilities under the law.

Nothing in these Terms and Conditions affects your statutory rights.

 

Use of our Food to Order Service

You may order products from our Website without creating an account.

You will however be required to provide information such as your name, address, email, phone number, card details, and any other details that we may require to process your order.

If you do have a Food to Order account, you must advise us immediately if you believe or suspect that any passwords or security information provided by you have been used without your authorisation or have otherwise been compromised.

You are authorised to view and download our Website and order products from it for your personal, non-commercial use only.  We are committed to ensuring that you are fully aware of what personal details we will collect form you, how we use them and how we will keep them safe.  You can see full details of this in our Privacy & Cookies Policy.

Booths reserves the right at any time without notice or liability to:

  • Decline a new customer order at any time and at our sole discretion;
  • In our absolute discretion, to terminate your access to all or part of the Services with or without notice including changing the availability or any feature or content;
  • In our absolute discretion to discontinue the Website or Services, or any part thereof, at any time, with or without notice;
  • Change the Website or delete facilities in any way, at any time and for any reason.
  • Cancel orders if, due to unforeseeable circumstances, for example severe weather conditions, we are unable to deliver ordered products to our stores.

Booths cannot guarantee that the Website will be fault free or that it will meet your requirements. Please report any Website faults by submitting a form on the contact us page.

 

Placing and Collecting your Order

To place an order you should add the products (and the quantity) that you wish to purchase to the online basket.  Once all the products that you wish to purchase have been added to your basket, you should “Proceed to Checkout”. 

During the online order process, you will have the opportunity to view your order in your basket before submitting it. You will see the products you have ordered along with the total price, deposit and remaining balance and your nominated collection store, date and time slot. These details will be confirmed in your order confirmation.

You must check the details of your order carefully before submitting it to us.

The Website displays the earliest date each product can be collected based on a lead time and / or date range availability. Where your order contains several products, the longest lead time will apply.

At peak times such as Christmas, New Year’s Eve or Easter, an order cut-off date applies.  Any applicable cut off dates will be detailed at the top of the product page.  Any orders placed by you after any such cut-off dates will not arrive in time for Christmas, New Year’s Eve, Easter or any other such seasonal event or special date.

The order confirmation and your order number is not an order acceptance from us. Acceptance of your order and the completion of the contract between you and us will, unless we have notified you that we do not accept your order or you have cancelled it in accordance with these Terms and Conditions, take place when we receive payment of your deposit, or where no deposit is payable, once we dispatch the products that you have ordered to your selected store.

All deposits must be paid for at the time of ordering. We regret that usually no refunds can be given if you cancel or do not collect your order on your nominated collection date. If you have a right to reject a product (see further details below) and the rejected product was the only product that you ordered, then we will refund your deposit.  If you have ordered other products then if the total value of the other (non-rejected) products are less than the amount of the deposit paid, we will refund the deposit less the value of the other products ordered.  Should you wish to collect different orders on different days, from different collection stores or at different times you will need to complete separate orders and pay a £20 non-refundable deposit for each order.

Payment of the deposit must be by credit or debit card.  The cards that we accept are detailed on our Website from time to time.  We cannot accept payment of the deposit by voucher or any other payment methods.  The address at which the card is registered must be the same as your billing address.

Ordered products must be collected from your nominated collection store on your nominated collection date and time slot. We will make every reasonable effort to keep your order until the store closes on your nominated collection date. If you do not collect it before this time your order will be cancelled and your payment forfeited.

We can terminate our contract with you if we are refused authority for payment or if we reasonably believe that payment will be refused at any stage.  We will use reasonable endeavours to contact you to let you know that this is the case.

Ensure you have a copy of your order reference and/or proof of identification when you collect your order. Once collected, you must proceed to the till to pay the remaining balance. Products are supplied at the temperature appropriate to that food.

 

Availability

All products offered on our website are subject to availability. Normally our Website will indicate that a product is “out of stock” and will not allow you to place an order for it.  However in the event that you place an order for a product and we are unable to supply a particular product, collection or delivery services, we will not be liable to you except to ensure you are not charged for that product and that your deposit is refunded. In the event that we are unable to supply the products or services, we will inform you of this as soon as possible.

 

Pricing, Descriptions and Product Information

The prices which you must pay for the products or services that you order are set out in our Booths’ marketing literature and on the website. Our marketing literature and Website contain a large number of products and it is always possible that, despite our best efforts, some of the products or services listed may be incorrectly priced. If the correct price is higher than the price stated, we are under no obligation to supply the products or services to you at the lower price stated and will inform you as soon as possible to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

The prices quoted on the website apply only to products and services ordered via this website. We will from time to time change the prices quoted on this website, but this will not affect contracts that have previously come into force.

Ordered products must be collected from your nominated Booths store on your nominated collection day. All time slots are subject to availability.

All prices are shown and are payable in £s sterling and include VAT where applicable.

Although we will take all reasonable care to ensure that all descriptions and details of products appearing on our Website are correct at the time when the information was inputted onto the system, product specifications may change over time and the information appearing on our website may become outdated and may not reflect the product that you receive. 

Content is gathered from various sources and although we believe it to be accurate at the time of publication, we accept no responsibility for the accuracy or completeness of the information on the website. Product information in relation to food and drink is constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. You should always read the product label and not rely solely on the information provided on this website. It is therefore essential that you verify all such information directly with us before taking any action in reliance upon it.

All measurements, weights and sizes are approximate and subject to availability. We will endeavour to supply any products within the required weight group, however due to natural farming methods used, the weights of free-range birds may vary.

Images of products on our Website are for illustrative purposes only. Although we’ve made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products and packaging may vary slightly from those images.

The vintage of wines displayed in images may differ from the vintage of products sold, images of products are for illustrative purposes only. Please refer to the product description which sets out full details of the product, including vintage.

Whilst we make every effort to ensure that any advertised vintage is the one you receive on receipt of your order, we cannot guarantee vintage. However, you are still able to return the wine if you are not satisfied. We will refund the value of the bottle providing that the bottle has not been opened and is in a saleable condition and we are notified within the specified time period.  Please see below for further details relating to cancellation and returns.

 

Personalised Products

It is your sole responsibility to check and verify the accuracy of your order prior to submission. Booths take no responsibility for any missing characters, spelling and / or grammatical errors as entered by you, the customer during the order process.

The first letter of each personalised word will be capitalised, regardless of how it is entered. The first line of the message is mandatory, the second line of the message is optional. There is a character limit of 17 characters (including spaces) in line one and 13 characters (including spaces) in line two. If you require any assistance in placing your order please contact our customer care team or email webfeedback@booths.co.uk and one of the team will gladly assist.

You confirm that any personalised message or custom text entered by you, the customer, will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to the intended recipient. You agree by placing an order to take sole responsibility for the content of any personalised message entered. Booths reserves the right to cancel any order without liability to you in the event of any such objectionable message.

It is your sole responsibility to check and verify the accuracy of your order prior to submission. Booths take no responsibility for any missing characters, spelling and / or grammatical errors as entered by you, the customer during the order process.

 

Payment

Deposit

On placing your order we require a deposit to be paid in accordance with the details provided above under “PLACING AND COLLECTING YOUR ORDER”.

Balance

The outstanding balance, being the difference between your final order price and the deposit taken, must be paid in store at the time that you collect your order.

If you order in-store, please pay for your order at the designated till. Any other purchases must be paid for at our checkouts in the normal way.

Payment in store may be made by cash, credit, debit or charge card or by Booths gift vouchers. Gift vouchers may not be used for payment online.

All transactions are processed by our chosen payment provider Worldpay via their secure online gateway. All payments are encrypted using 128 bit SSL encryption. To ensure your credit or debit card is not being used without your consent, all transactions are subject to fraud screening, validation checks and authorisation by the card issuer. Worldpay will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting our Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency.

All payment details are securely stored on Worldpay’s servers. Booths can access and view the transaction by transaction ID in order to give partial or full refunds. At no time are we able to view or access complete payment details.

Worldpay complies with the Electronic Commerce Directive. Terms and Conditions, privacy and security policies can be located at Worldpay.

 

Ordering and Information Security

To purchase products from our Booths Food to Order Service you must be over 18 years of age and a UK resident.

We sell products containing intoxicating liquor. For clarity, a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume. Vintages, labels, closures and alcohol by volume may vary. Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £1,000 or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000 or 3 months imprisonment.

We are committed to upholding the legal and social obligations as a retailer of intoxicating liquor. To achieve this we have a number of control checks throughout the order, distribution and collection process both in store and online, for example we may ask you to confirm your date of birth and tick to accept that you re over 18 years old when you place your order, verify who you say you are through personal identity checks, and we will only allow collection by somebody who is, in our reasonable opinion, aged 18 or over.

We operate a “Challenge 25” policy which means that if the person collecting an order containing alcohol appears to be under the age of 25, we will request photographic ID (such as a drivers licence or passport) to verify that the person is over the age of 18.

In accepting these Terms and Conditions you agree to provide truthful and accurate information and act in accordance with the Licensing Act of 2003 or where applicable the Licensing Scotland Act 2005 or any subsequent legislation.

We will never contact you and ask you to reveal your security details nor will we ask anyone else to do so on our behalf. Any such request is likely to be fraudulent and you should report it to us immediately.

We may check your order details to ensure they are correct and may cancel your order if we suspect or believe that you have deliberately provided incorrect information.

 

Order Amends, Cancellations, Returns and Refunds

Statutory rights to cancel

For the purposes of these Terms and Conditions, a ‘perishable’ product, is any product (food, wine, grocery, etc.) which has a ‘use by’, ‘best before’ or ‘BBE’ date stamped on the product which expires 6 weeks or less from the date of collection.

Please note that we may begin to process your order immediately on order placement. Therefore, dependant on the nature of the product that you have ordered, it may not always be possible to cancel or amend your order. To request a cancellation or change, please contact our Customer Care team on 0800 221 8086 and our advisors will assist your enquiry and advise you if cancellation or a change to your order is possible.

For most products bought online you have a legal right to change your mind and receive a refund from when the contract is formed until the end of 14 days after you receive the products. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), are explained in more detail in these terms.

The right to cancel your order under the Regulations does not apply to products which are:

  • Perishable or otherwise liable to deteriorate or expire rapidly
  • Sealed and not suitable for return due to health protection or hygiene reasons
  • Alcoholic beverages (such as vin en primeur or similar), the price of which is dependent upon fluctuations in markets which we cannot control
  • Made to your specification or clearly personalised

If you want to exercise your right to change your mind about the product that you have ordered, please let us know by doing one of the following:

  • Telephone our Customer Care team on 0800 221 8086;
  • Email us at webfeedback@booths.co.uk
  • Print off the Model Cancellation Form attached in the schedule below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

If you end the contract for any reason after products have been dispatched to you or you have collected them, we may ask you to return them to us. In the case of defective products, we may require you to provide evidence. If you are required to return any products, you must return them in person to where you collected them, or post them back to us at Booths Central Office, Customer Care Department, Longridge Rd, Ribbleton, Preston PR2 5BX or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0800 221 8086 or email us at webfeedback@booths.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must return them within 14 days of telling us you wish to end the contract.

You are responsible for the costs of return (unless the Products are defective).  In addition, we may reduce your refund of the price to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a store.

Defective goods

We are under a legal duty to provide products that are in conformity with this contract.  In the unlikely event that any product provided under your order is defective or poor quality or does not match its description, please contact our Customer Care team on 0800 221 8086 for further instruction.

Each product is sold subject to its product description which can be found on the relevant product page, subject to any variations as detailed above under “PRICING, DESCRIPTIONS AND PRODUCT INFORMATION.” We reserve the right to ask you to send us reasonable evidence of any product affected by such issues together with proof of purchase.

To receive a refund of an affected perishable product, you must notify us of any such issues before the expiry of the ‘use by’, ‘best before’ or ‘BBE’ date stamped on the product.

If the defective product is returned to store, a refund will be processed using the same payment method used by you when placing your order. Any refund to your payment card will be credited to your account within 7 days.

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

  • you fail to pay, on time and in full, any amount due to us under contract; or
  • you commit any breach of contract

We may cancel a contract if we are prevented from fulfilling an order by any event beyond our reasonable control (a “Force Majeure Event”), including without limitation: any act of God, governmental act or regulations, fire, flood, storm, adverse weather conditions including but not limited to snow, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action or industrial dispute affecting any third party, any unavailability of raw materials, components or items, or any power failure, epidemic or pandemic disease (including but not limited to COVID 19) as well as any law, governmental order, rule, regulation, direction, curfew restriction, quarantine or other act of the competent authorities implemented to combat such pandemic diseases));  disaster, riot, terrorist attack or war. All monies paid will be refunded to you in full.

 

Booths Card

We regret that Booths cardholder benefits do not currently apply to Booths Food to Order Service (orders.booths.co.uk). 

 

Coupons and Promotions

Booths coupons and vouchers are, and remain at all times the property of E H Booth & Co., Ltd. The right to use a coupon is personal to the original or named recipient and may not be transferred without permission. It may not be copied, reproduced or published either directly or indirectly. Vouchers distributed or circulated without our prior written approval are not valid and may be refused or cancelled. If you redeem or attempt to redeem a voucher to which you are not entitled you may be committing an offence.

By using a coupon, you will be deemed to have read and understood our Terms and Conditions and agree to be bound by them:

  • You must be 18 years or older.
  • Coupons are only valid online and on the specified Website.
  • Coupon values are as specified on the coupon or within the promotion.
  • Each coupon is valid for a limited time only and expires at midnight on the specified date.
  • Coupons are intended for single use only unless otherwise specified.
  • In the case of a multiple-item order, the value of the coupon is allocated to each item based on the proportion of the item’s value to the total value of all products, excluding shipping, taxes and other charges unless otherwise specified.
  • If your coupon has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.
  • Coupon are redeemable on selected products only. Please see details of their specific use within the promotion.
  • Booths accept no responsibility for late, lost or misdirected coupons.
  • You are responsible for the security of your own coupon. We will not replace any coupon that has been used by another party regardless of how the coupon was obtained.
  • Coupons will not be replaced if your order is cancelled.
  • Coupons are not transferable or redeemable for cash or credit and cannot be combined with any other coupons or any other offer, discounts or promotions.
  • Any refund you may be entitled to receive will not include the redemption value of the coupon. You will receive no more than the amount you paid.
  • We reserve the right to suspend, change or cancel any coupon, at any time without notice and without reason in the event of circumstances arising which make it necessary to do so.
  • To redeem the coupon, the claimant must type the coupon into the specific location at checkout. The relevant discount will be automatically deducted from the final price of the qualifying purchase. If the claimant fails to enter the coupon at the time of purchase as specified, the purchase will not be eligible for the discount.
  • Coupon codes cannot be applied to previously placed orders.
  • Booths employees are forbidden from using coupons on the Website, unless specifically stated or communicated to the contrary.

We regret that our Colleague Discount does not currently apply to the deposit of the orders placed on our Website.

 

Purchase for Non-Domestic Use

We have selected our products and services on the basis that they will be used for domestic and personal use only. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose or satisfactory quality. We accept no liability for business losses, lost data, lost profits or business interruption.

We reserve the right to reject your order if we consider that you are ordering from resale purposes.

 

Intellectual Property and Scope

The content of the Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Website without prior written consent.

These Terms and Conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products or the provision of any services by us or any third party in relation to products (other than delivery services).

 

Your Agreement

You agree that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these Terms and Conditions;
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
  • you will be able to make the balancing payment for the products and  collect the products in accordance with these Terms and Conditions.

 

Warranties and Representations

You warrant and represent to us that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these Terms and Conditions;
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
  • you will be able to take delivery of the items in accordance with these Terms and Conditions.

We warrant to you that:

  • we have the right to sell the items that you buy;
  • the items we sell to you are sold free from any charge or encumbrance, except as specified in these Terms and Conditions;
  • you shall enjoy quiet possession of the items you buy, except as specified in these Terms and Conditions;
  • the items you buy will correspond to any description published on our Website; and
  • the items you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of items are set out in these Terms and Conditions. To the maximum extent permitted by applicable law and subject to Limitations and Exclusions of Liability, all other warranties and representations are expressly excluded.

 

Limitations and Exclusions of Liability

We warrant to you that any products purchased from us through our Website will correspond to any description published on our Website, are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied provided that such purposes are domestic. Where you decide to use the products in the course of a business, we exclude all liability to you for any:

  • Loss of income or revenue;
  • Loss of business;
  • Loss of business opportunity;
  • Business interruption;
  • Loss of profit;
  • Loss of contracts;
  • Loss of anticipated savings; or
  • Loss of data.

Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the purchase price of the products you purchased and other direct losses that you suffer as a result of our failure to comply with our obligations under this contract which are a foreseeable consequence of such failure.  We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

This does not include or limit in any way our liability:

  • For death or personal injury caused by our negligence;
  • Under section 2(3) of the Consumer Protection Act 1987;
  • For fraud or fraudulent misrepresentation; or
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We will not be liable to you in respect of any losses arising out of any Force Majeure Event (as defined above).

 

Written Communications

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 email 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 condition does not affect your statutory rights.

 

Governing Law and Jurisdiction

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

 

Notices

All notices given by you to us must be given to Booths by sending us an email or by calling our Customer Services team. We may give notice to you at either the email or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such a letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified email address of the addressee.

 

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

Waiver

If we fail, at any time, to insist upon strict performance of any of your obligations or any of these Terms and Conditions, or if we fail to exercise any of the rights and remedies to which we are entitled to, this shall not constitute a waiver or such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

Severance

If any provision of this contract is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this contract shall otherwise remain in full force and effect and enforceable.

This contract shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.

 

Our Right to Vary these Terms and Conditions

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems.

You will be subject to the policies and Terms and Conditions in force at the time that you order products or Services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the products).

 

Updates to these Terms and Conditions

We reserve the right to update our Terms and Conditions in line with changes to business needs and Consumer Contracts Regulations, as and when required.

 

Your Privacy

Registration data and certain other information about you is used subject to our Privacy Policy. We recommend that you read our Privacy Policy before you accept these Terms and Conditions.

 

Company Details

This Website is owned by and operated by E. H. Booth & Co., Ltd.

Address: Customer Care Department, EH Booth & Co Ltd, Central Office, Longridge Road, Ribbleton, Preston, PR2 5BX.

Registered in England and Wales 49933.

VAT number 170 7164 17.

 

These Terms and Conditions were most recently updated in September 2020.