Terms and Conditions

Please read these Terms and Conditions carefully as they represent the Terms and Conditions between you and E H Booth & Co Ltd (“Booths”). for the use of our Food to Order Service and the use of orders.booths.co.uk (our “Website”). You are permitted to use the Service and Website solely on the basis of these Terms and Conditions. If you do not agree to these you may not use this Service or our Website. Booths reserves the right, at our absolute discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes.

This is an agreeement between you and Booths. 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.

Nothing in these Terms and Conditions affects your statutory rights.

 

Use of our Food to Order Service

You may order items from our Booths food to order Service and use our Website without registration. You are authorised to view and download our Website for your personal, non-commercial use only.

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 goods 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

The Booths Food to Order Website displays the earliest date each item can be collected based on a lead time and / or date range availability. Where your order contains several items, the longest lead time will apply. At peak times such as Christmas or Easter, an order cut-off date applies.

During the online order process you will have the opportunity to view your order in your basket before submitting it. You will see the items 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.

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 your order is available for collection on your nominated collection day.

All deposits must be paid for at the time of ordering. We regret that no refunds can be given if you cancel or do not collect your order on your nominated collection date. Should you wish to collect different orders on different days or at different times you will need to complete separate orders and pay a £20 non-refundable deposit for each order.

Ordered items 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.

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

 

Availability

All items offered on our Food to Order Website are subject to availability. If for any reason beyond our reasonable control we are unable to supply a particular item or Service, we will not be liable to you except to ensure you are not charged for that item. In the event that we are unable to supply the goods or Service, we will inform you of this as soon as possible.

 

Pricing, Descriptions and Product Information

The prices which you must pay for the goods or Services that you order are set out in our Booths printed collateral and on this Food to Order Website. Our printed collateral and Website contain a large number of items and it is always possible that, despite our best efforts, some of the goods 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 goods or Services to you at this price 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 this Website apply only to goods and Services sold 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 items must be collected from your nominated Booths store on your nominated collection day. All time slots are subject to availability.

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

Although we will take all reasonable care to ensure that all descriptions and details of goods appearing on our Website are correct at the time when the information was inputted onto the system, the information appearing on our Website at any time may not reflect the exact position at the moment you place an order. 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. 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 items within the required weight group, however due to natural farming methods used, the weights of free range birds may vary.

Images of items 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 items. Your items and packaging may vary slightly from those images.

The vintage of wines displayed in images may differ from the vintage of items sold, images of items 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 we are notified within the specified time period.

 

Payment

We require immediate payment when you order goods from our Food to Order Website. If you do not collect your order on your nominated collection date then your payment will be forfeited.

Online payment may be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. 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.

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.

Booths gift vouchers may be used in store as payment. They may not be used for payment online.

 

Ordering and Information Security

To purchase goods from our Booths Food to Order Service you must be over 18 years of age and a UK resident. You must give us your real name, address, email address and any other details that we may require to process your order. You must advise us immediately if you believe or suspect that any passwords or security information provided by you are compromised.

We sell items 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. 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.

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

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 your order, dependant on order date may begin processing immediately on order placement. Therefore, 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.

The right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to goods which are:

  • Liable to deteriorate or expire rapidly
  • Sealed and not suitable for return due to health protection or hygiene reasons
  • Dependent upon fluctuations in financial markets which we cannot control

In the unlikely event that your order is defective or poor quality or does not match its description, please contact our Customer Care team for further instruction.

Each product is sold subject to its product description which can be found on the relevant product page. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues.

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. We may reduce your refund of the price to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a store.

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, including without limitation any unavailability of raw materials, components or items, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, 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 items, 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 items 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.
  • Coupon 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 this 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 Booths Food to Order Website.

 

Purchase for Non-Domestic Use

We have selected our goods and Services on the basis that they will be used for domestic and personal use only. Where you decide to use the goods 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.

 

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 items or the provision of any services by us or any third party in relation to items (other than delivery services).

 

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 goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied provided that such purposes are domestic. Where you decide to use the goods 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.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased.

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 event or events beyond our reasonable control (Force Majeure event) including but not limited to any of the following: act of God, governmental act, war, 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.

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 and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

  • Loss of income or revenue;
  • Loss of business;
  • Loss of profits or contracts;
  • Loss of anticipated savings; or
  • Loss of data.

You accept that we have an interest in limiting the personal liability of our employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees in respect of any losses you suffer in connection with the use of this Website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our employees).

Our aggregate liability to you in respect of any contract to purchase items from us under these Terms and Conditions shall not exceed the total amount paid and payable to us under the terms of contract.

 

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.

 

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

This Agreement 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 goods 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 goods).

 

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 June 2019.