Terms & Conditions

 

Please read these terms and conditions (the “Terms and Conditions”) carefully before using
this website. By using this website/placing an order you (as website user and / or customer)
agree to be bound by the Terms and Conditions set out below. Please ensure you have also
read the Privacy Policy. Any questions or complaints regarding our service or terms and
conditions, please contact us at: customer@wibblefoods.co.uk or on 07753212446
Please note that all card transactions processed on our shop page are handled securely by
WIx Payment or Paypal (For T’s & C’s see 8.0).


1. INFORMATION ABOUT US
 
1.1 This site is owned and operated by Wibble Foods Ltd. Trading is carried out under the
registered company name of Wibble Foods Ltd. Registered Office: 16 Kingsley Mews,
London, E1W 3HZ. Registered in England and Wales. Company Registration Number:
11589564. VAT number: 309878948
1.2 All rights, including copyright are owned by and licensed to Wibble Foods Ltd.
 
2. YOUR STATUS
 
2.1 By placing an order through our site, you warrant that you are legally capable of
entering into binding contracts.
 
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
 
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have
received your order. Please note that this does not mean that your order has been
accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to
acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that
confirms that the Product has been dispatched (dispatch confirmation). The contract
between us (contract) will only be formed when we send you the dispatch confirmation.

3.2 The Contract will relate only to those Products (“Products”) whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any other, which
may have been part of your order until the dispatch of such products has been confirmed in
a separate Dispatch Confirmation.
3.3 Wibble Foods Ltd is entitled to withdraw from any contract in the case of obvious errors
or inaccuracies or for unavailability. Wibble Foods Ltd reserves the right to place restrictions
on the volume of Products ordered.
 
4. OUR STATUS
 
4.1 Please note that, we may provide links on our site to the websites of other companies,
whether affiliated with us or not. We cannot give any undertaking that Products you
purchase from third party sellers through our site, or from companies to whose website we
have provided a link on our site, will be of satisfactory quality, and any such warranties are
DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against
the third party seller. If you would like information about your legal rights you should
contact your local trading standards or citizens advice bureaux.
 
5. AVAILABILITY AND DELIVERY


5.1 Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if
no delivery date is specified, then within 30 business days of the date of the dispatch
confirmation, unless there are exceptional circumstances.
 
6. RISK AND TITLE
 
6.1 The Products will be your responsibility from the time of delivery.
6.2 Ownership of the products will only pass to you when we receive full payment of all
sums due in respect of the products, including delivery charges.
 
7. PURCHASE OF PRODUCTS AND CANCELLATION RIGHTS
 

7.1 Prices and delivery charges are displayed and accepted in British Pounds Sterling (£ GBP)
only. Product and delivery charges are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you a dispatch confirmation.
7.2 Prices are inclusive of VAT at the standard rate. However, if the rate of VAT changes
between the date of your order and the date of delivery, we will adjust the VAT you pay,
unless you have already paid for the products in full before the change in VAT takes effect.
Postage and packaging will be added to all orders at checkout.
7.3 Our site contains a large number of products and it is always possible that, despite our
best efforts, some of the products listed on our site may be incorrectly priced. We will
normally verify prices as part of our dispatch procedures so that, where a product’s correct
price is less than our stated price, we will charge the lower amount when dispatching the
product to you. If a product’s correct price is higher than the price stated on our site, we will
normally, at our discretion, either contact you for instructions before dispatching the
product, or reject your order and notify you that we are rejecting it.
7.4 Products are subject to availability. As there is a delay between the order being placed
and when the order is accepted, the stock position relating to particular product may
change. If an product you have ordered becomes out of stock before we accept the order,
we shall notify you as soon as possible and you will not be charged for the out of stock
Products.
 
8. PROCESS OF PAYMENT
 
8.1 Payment for a Wibble Foods Ltd Product is made through Wix Payment or Paypal,
registered and secure electronic payment systems.
8.2 All payments are subject to validation by the card issuer. Wibble Foods Ltd does not
accept responsibility for the refusal of a card payment and will not be held liable for any
delay or non-delivery that results from this.
8.3 Wibble Foods Ltd does not store any of your card details.
 
9. DESCRIPTIONS
 
9.1 Stated sizes are accurate within reason. Variations may occur due to the nature of the
Product. Colours may vary from illustrations due to variations in computer monitors.

9.2 We reserve the right to refuse orders where product information has been mis-
published, including prices and promotions. 


10. SAFETY OF PRODUCTS
 
13.1 Wibble Foods Ltd makes every effort to ensure that its products are safe. Should you
experience any problems, please do not hesitate to email customer@wibblefoods.co.uk
 
14. COPYRIGHT

 
14.1 Wibble Foods Ltd retains copyright of all designs, photography, text and other content
on this website All such rights are reserved. No responsibility can be taken for content on
external websites which this site may link to or for any loss or damage that may arise from
your use of them.
14.2 Any use of the site or its content, including copying or storing any part other than for
your own personal, non-commercial use, is prohibited without the permission of Wibble
Foods Ltd. You must not modify the paper or digital copies of any materials you have
printed off or downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text. Wibble
Foods Ltd’s status (and that of any identified contributors) as the authors of material on our
site must always be acknowledged. If you print off, copy or download any part of our site in
breach of these Terms and Conditions, your right to use our site will cease immediately and
you must, at our option, return or destroy any copies of the materials you have made.
 
15. RELIANCE ON INFORMATION POSTED
 
15.1 Commentary and other materials posted on our site are not intended to amount to
advice on which reliance should be placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such materials by any visitor to our site, or
by anyone who may be informed of any of its contents.
 
16. OUR SITE CHANGES REGULARLY
 

16.1 We aim to update our site regularly, and may change the content at any time. If the
need arises, we may suspend access to our site, or close it indefinitely. Any of the material
on our site may be out of date at any given time, and we are under no obligation to update
such material.
 
17. OUR LIABILITY
 
17.1 The material displayed on our site is provided without any guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we, other members of our
group of companies and third parties connected to us hereby expressly exclude:
17.2 All conditions, warranties and other terms, which might otherwise be implied by
statute, common law or the law of equity.
17.3 Any liability for any direct, indirect or consequential loss or damage incurred by any
user in connection with the supply of goods from Wibble Foods Ltd, the use our site or in
connection with the use, inability to use, or results of the use of our site, any websites
linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if
foreseeable, provided that this condition shall not prevent claims for loss of or damage to
your tangible property or any other claims for direct financial loss that are not excluded by
any of the categories set out above.
17.4 This does not affect our liability for death or personal injury arising from our
negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a

fundamental matter, nor any other liability which cannot be excluded or limited under
applicable law.
17.5 Wibble Foods Ltd’s total liability to you in respect of all other losses arising under or in
connection with any contract with you, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price
of the product ordered under that contract.
 
18. WRITTEN COMMUNICATIONS
 
18.1 Applicable laws require that some of the information or communications we send to
you should be in writing. When using our site, you accept that communication with us will
be mainly electronic. We will contact you by e-mail or provide you with information by
posting notices on our website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not affect your
statutory rights.
 
19. NOTICES


19.1 All notices given by you to us must be given in writing to Wibble Foods LTD or Wibble
Foods Ltd, PO Box 75467, London, EW1 9QJ at customer@wibblefoods.co.uk. We may give
notice to you at either the e-mail or postal address you provide to us when placing an order,
or in any of the ways specified in clause 18 above. Notice will be deemed received and
properly served immediately when posted on our website, 24 hours after an e-mail 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 letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to
the specified e-mail address of the addressee.


20. TRANSFER OF RIGHTS AND OBLIGATIONS
 
20.1 The contract between you and us is binding on you and us and on our respective
successors and assignees.
20.2 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.

20.3 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.


21. EVENTS OUTSIDE OUR CONTROL


 21.1 We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under a contract that is caused by events outside our reasonable
control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
21.3 Our performance under any contract is deemed to be suspended for the period that
the Force Majeure Event continues, and we will have an extension of time for performance
for the duration of that period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations under the contract
may be performed despite the Force Majeure Event.
 
22. WAIVER
 
22.1 If we fail, at any time during the term of a contract, to insist upon strict performance of
any of your obligations under the contract or any of these terms and conditions, or if we fail
to exercise any of the rights or remedies to which we are entitled under the contract, this
will not constitute a waiver of such rights or remedies and will not relieve you from
compliance with such obligations.

22.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions will be effective unless it is
expressly stated to be a waiver and is communicated to you in writing in accordance with
clause 19 above.
 
23. SEVERABILITY
 
23.1 If any court or competent authority decides that any of the provisions of these terms
and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any
extent, the term will, to that extent only, be severed from the remaining terms, which will
continue to be valid to the fullest extent permitted by law.
 
24. ENTIRE AGREEMENT
 
24.1 We intend to rely upon these terms and conditions and any document expressly
referred to in them in relation to the subject matter of any contract. While we accept
responsibility for statements and representations made by our duly authorised agents,
please make sure you ask for any variations from these terms and conditions to be
confirmed in writing.
 
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
 
25.1 We have the right to revise and amend these terms and conditions from time to time.
25.2 You will be subject to the policies and terms and conditions in force at the time that
you order products 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 dispatch donfirmation (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 seven working days of receipt by you
of the Products).
 

26. LAW AND JURISDICTION
 
26.1 Contracts for the purchase of products through our site and any dispute or claim
arising out of or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) will be governed by English law. Any dispute or claim
arising out of or in connection with such contracts or their formation (including non-
contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts
of England and Wales.
 
27. DATA PROTECTION
 
27.1 Please refer to our Privacy Policy for the general privacy terms of the Wibble Foods Ltd
Website.
27.2 Personal details you provide when placing an order will only be held by Wibble Foods
Ltd for the purpose of completing your order. Information will not be shared with any other
party except for the purposes outlined in our privacy Notice. You can unsubscribe to this
service at any time by emailing Customer@Wibblefoods.co.uk with ‘unsubscribe’ in the
subject line.
27.3 Financial data will be encrypted by up-to-date encryption technology that will be sent
directly to the payment service provider where it will be processed securely. For your own
protection you must not divulge credit card information via email.
 
28. DISPUTES
 
28.1 To resolve any disputes please contact customer@Wibblefoods.co.uk, placing disputes
in the subject box.
 
29. GOVERNING LAW
 
29.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or
related to, a visit to our site, although we retain the right to bring proceedings against you
for breach of these conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of or in connection with
them or their subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and Wales.

 
30. THIRD PARTY RIGHTS


30.1 A person who is not party to these terms and conditions or a Contract shall not have
any rights under or in connection with them under the Contracts (Rights of Third Parties) Act
1999.
 
31. YOUR CONCERNS


31.1 At Wibble Foods Ltd, we strive to offer an excellent level of customer service. We
maintain a high level of care and attention as expected by law. Should you have any issues
with our goods, services, prices or any other matter, please contact us by email
to customer@wibblefoods.co.uk.

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