THAI HERBS AND SPICES                          Simply Thai, Simply Delicious

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© 2018 by Mae Jum Limited

Terms and Conditions of Sale

Includes Returns policy

BACKGROUND:

 

            These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Food Products are sold by Us to consumers through this website, www.maejum.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Food Products from Our Site.  You will be required to read and accept these Terms of Sale when ordering Food Products.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Food Products through Our Site.  These Terms of Sale, as well as any and all Contracts, are in the English language only.

 

 

1.                Definitions and Interpretation

 

1.1            In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”                      means a contract for the purchase and sale of Food Products, as explained in Clause 8;

 

“Food Products”            means the products sold by Us through Our Site;

 

“Order”                          means your order for Food Products;

 

“Order Confirmation”    means our acceptance and confirmation of your Order;

 

“Order Number”            means the reference number for your Order; and

 

“We/Us/Our”                 means Mae Jum Limited, a company registered in England under 10916679, whose registered address is Unit 1 Perrywood Business Park, Honeycrock Lane, Salfords, Redhill RH1 5DZ.

 

2.                Information About Us

 

2.1            Our Site, www.maejum.com, is owned and operated by Mae Jum Limited, a limited company registered in England under 10916679, whose registered address is Unit 1 Perrywood Business Park, Honeycrock Lane, Salfords, Redhill RH1 5DZ.

 

3.                Access to and Use of Our Site

 

3.1            Access to Our Site is free of charge.

 

3.2            It is your responsibility to make any and all arrangements necessary in order to access Our Site.

 

3.3            Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

3.4            Use of Our Site is subject to our Website Terms of Use TR.WEB.TC.13SGF.  Please ensure that you have read them carefully and that you understand them.

 

4.                Age Restrictions

 

4.1            Consumers may only purchase Food Products through Our Site if they are at least 16 years of age.

 

5.                Business Customers

 

These Terms of Sale do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please consult our Business Terms of Sale available on request.

 

6.                International Customers

 

Please note that We only offer free delivery to customers in the United Kingdom.  We do accept orders from, and deliver to, customers outside the United Kingdom.

 

7.                Food Products, Pricing and Availability

 

7.1            We make all reasonable efforts to ensure that all descriptions and graphical representations of Food Products available from Us correspond to the actual Food Products that you will receive.  Please note, however, the following:

 

7.1.1       Images of Food Products are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;

 

7.1.2       Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Food Products may vary.

 

7.2            Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether.  Please refer to Clause 11 if you receive incorrect Food Products (i.e. Food Products that are not as described).

 

7.3            All Food Product descriptions provided on Our Site include a full list of ingredients and nutritional information.  We will also indicate where a product is suitable for vegetarian and/or vegan customers and will clearly state if any Food Product contains (or may contain) any of the following which may cause allergies or intolerances (please note, however, that some or all of Our Food Products are prepared in the same environment and we cannot guarantee that they will be 100% free of such ingredients):

 

7.3.1       Gluten;

 

7.3.2       Milk or lactose;

 

7.3.3       Eggs;

 

7.3.4       Peanuts;

 

7.3.5       Other nuts;

 

7.3.6       Celery;

 

7.3.7       Mustard;

 

7.3.8       Sesame seeds;

 

7.3.9       Soya or soybeans;

 

7.3.10   Fish.

 

7.4            We cannot guarantee that Goods will always be available.  Stock indications are provided on Our Site, however, such indications are not provided in real time, and so high demands can use up available stock before the system has had the opportunity to be updated.

 

7.5            Minor changes may, from time to time, be made to certain Food Products between your Order being placed and Us processing that Order and dispatching the Food Products, for example, to reflect changes in relevant laws and regulatory requirements.  Any such changes will not change any main characteristics of the Food Products and will not normally affect your use or enjoyment of those Food Products.  However, if any change is made that would affect your use or enjoyment of the Food Products, suitable information will be provided to you.

 

7.6            We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated every on a regular basis. Changes of price will not affect any order that you have already placed unless it is caused by a change to the rate of VAT.

 

7.7            All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Food Products at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 3 days, We will treat your Order as cancelled and notify you of this in writing.

 

7.8            In the event that the price of Food Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

 

7.9            Delivery charges are not included in the price of Food Products displayed on Our Site.  Delivery options and related charges will be presented to you as part of the order process.

 

8.                Orders – How Contracts Are Formed

 

8.1            Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

 

8.2            If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

 

8.3            No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an email confirming that your order is being processed .  Only once We have sent you an Order Confirmation that your order is being processed will there be a legally binding Contract between Us and you.

 

8.4            Order Processing Confirmations shall contain the following information:

 

8.4.1       Your Order Number;

 

8.4.2       Confirmation of the Food Products ordered including full details of the main characteristics of those Food Products;

 

8.4.3       Fully itemised pricing for the Food Products ordered including, where appropriate, taxes, delivery and other additional charges;

 

8.5            We will not include a paper copy of the Order Confirmation with your Food Products.

 

8.6            In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 working days.

 

8.7            Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Food Product.

 

9.                Payment

 

9.1            Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

 

9.2            We accept the following methods of payment on Our Site:

 

9.2.1       Mastercard and Visa Credit Cards;

 

9.2.2       Visa and UK bank debit cards;

 

9.2.3       Payments through the PayPal network;

 

9.2.4       American express, and other payment options accepted by SQUARE payment processing portal;

 

10.            Delivery, Risk and Ownership

 

10.1        All Goods purchased through Our Site will normally be delivered by Royal Mail or a nominated courier within

10 calender days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).

 

10.1.1   For order less than £100, we do not use a tracked service. Delivery is deemed to have occurred within 3 days from the expected date of arrival, unless otherwise informed.

 

10.1.2   For order above £100, we will use a tracked service.

 

10.2        In the unlikely event that We fail to deliver the Goods within 10 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

 

10.2.1   We have refused to deliver your Goods; or

 

10.2.2   In light of all relevant circumstances, delivery within that time period was essential; or

 

10.2.3   You told Us when ordering the Goods that delivery within that time period was essential.

 

10.3        If you do not wish to cancel under sub-Clause 10.2 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.

 

10.4        You may cancel all or part of your Order under sub-Clauses 10.2 or 10.3 provided that separating the Food Products in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Food Products and their delivery will be refunded to you within 7 working days.  Please note that if any cancelled Food Products are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Food Products.

 

10.5        Delivery shall be deemed complete and the responsibility for the Food Products will pass to you once We have delivered the Food Products to the address you have provided.

 

10.6        Ownership of the Food Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

 

10.7        Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Food Products.

 

 

11.            Problems with the Food Products

11.1        By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).

 

11.2        If any Food Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Food Products, please contact Us at enquiry@maejum.com as soon as reasonably possible and in any event within 7 working days, to inform Us of the problem, and to arrange for a refund or replacement.

 

11.3        Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Food Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Food Products for that purpose; or if the problem is the result misuse or intentional or careless damage.  Please also note that you may not return Food Products to Us under this Clause 11 merely because you have changed your mind.  Please refer to Clause 12 for more details.

 

11.4        To return Food Products to Us for any reason under this Clause 11, please contact Us at enrquiry@maejum.com to arrange for a collection and return.  We will be fully responsible for the costs of returning Food Products under this Clause 11 and will reimburse you where appropriate.

 

11.5        Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

 

11.6        Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Food Products were originally purchased.

 

11.7        Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Food Products.

 

11.8        For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

                                                                                                    

12.            Cancellations

 

12.1        You may cancel an Order (and receive a full refund of any sums already paid) at any time before we dispatch your Food Products by sending an email to enquiry@maejum.com.  Orders cannot be cancelled once they have been dispatched.

 

12.2        To contact Us directly to cancel, please use the following details:

 

Telephone: 0845 8626168;

Email: enquiry@maejum.com;

Post: Unit 1 Perrywood Business Park, Honeycrock Lane, Redhill. RH1 5DZ;

 

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

 

12.3        We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.

 

12.4        Please note that, due to the perishable nature of the Food Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  You may cancel after receiving Food Products if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.

 

12.5        Any refunds due under this Clause 12 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.

 

12.6        Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Food Products.

 

 

13.            Our Liability to Consumers

13.1        We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

 

13.2        We only supply products for domestic and private use by consumers.  We make no warranty or representation that the Food Products are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

 

13.3        Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

 

13.4        Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

14.            Events Outside of Our Control (Force Majeure)

14.1        We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

 

14.2        If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

 

14.2.1   We will inform you as soon as is reasonably possible;

 

14.2.2   We will take all reasonable steps to minimise the delay;

 

14.2.3   To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

 

14.2.4   We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Food Products as necessary;

 

14.2.5   If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled;

 

14.2.6   If an event outside of Our control occurs and continues for more than 14 days, and you wish to cancel the Contract as a result, you may do so by emailing us on enquiry@maejum.com, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled.

 

 

15.            Communication and Contact Details

 

15.1        If you wish to contact Us with general questions, order progress, cancellations or complaints, you may contact Us by telephone at 0845 8626168, by email at enquiry@maejum.com.

 

16.            Complaints and Feedback

 

16.1        We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

 

16.2        All complaints are handled in accordance with Our complaints handling policy and procedure, available on request.

 

16.3        If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

 

16.3.1   In writing, addressed to Mae Jum, enquiry@aejum.com

 

16.3.2   By contacting Us by telephone on 0845 8626168.

 

17.            How We Use Your Personal Information (Data Protection)

17.1        All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

 

17.2        For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

 

18.            Other Important Terms

 

18.1        We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

 

18.2        You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  

 

18.3        The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

 

18.4        If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

 

18.5        No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

18.6        We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.

 

19.            Law and Jurisdiction

 

19.1        These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

19.2        If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3        If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19.4        If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

 

SALE OF GOODS website disclaimer

 

  1. The Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice on nutrition should always be sought before taking any action that affects your diet. 
     

  2. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.

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