Terms and Conditions of use of www.pastamaestro.com website
Latest Revision 12th June 2014
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company, PastaMaestro Limited. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, by provision of the Company’s stated products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of the agreed products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature;
- and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
All major Credit/Debit Cards, or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full with and prior to dispatch of order. All goods remain the property of the Company until paid for in full.
If an order is placed after 2pm delivery can only be cancelled up until 8pm that evening, weekdays. Notification via email will be accepted. We reserve the right to levy a £10 charge to cover any subsequent administrative expenses.
Unless otherwise stated, the products featured on this website are available worldwide in relation to postings only from the United Kingdom. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites, are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Our e-mail address is firstname.lastname@example.org which can also be found on our Contact Us link on our website, or via our telephone number +44(0)344 417 1431. This company is registered in England and Wales, Number. 7594978 registered office :- PastaMaestro Limited, Pillar House, 113/115 Bath Road, Cheltenham, Gloucestershire, GL523 7LS
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
Terms and Condition of Sale
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means PastaMaestro Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- Complete the online order form including the required fields (marked with a * red asterisk)
- Confirm shipping address is same as billing address or fill in a different shipping address
- Confirm Shipping service
- Continue to payment server and complete the payment
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the Review order page. You may correct those input errors before placing your order by clicking the ‘Go back’ button to step back, make corrections, and then click ‘Continue to next step’ button.
The product is the PastaMaestro spaghetti measurer, which measures four different weights of dry spaghetti and other ‘strand’ forms of pasta e.g. Capellini and Linguine, to provide a choice of single portion sizes, 60 grams, 80 grams, 100 grams and 125 grams. Exact weight of actual measured portions may vary slightly from weight on the jaw (approximately + or – 5%) according user handling of the measurer, and from one brand of Pasta to another.
Price and payment
Prices for the product (including taxes where applicable), and shipping are quoted on our website. We will verify prices as part of our sale procedures so that correct prices and Order total will be confirmed and stated when you pay for the product.
In addition to the price of the products, you will have to pay a Shipping service delivery charge, our usual provider is Royal Mail, which will be as confirmed and stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- that PastaMaestro Limited cannot be held responsible for delays or non delivery to non – UK countries once the delivery is received by the National postal or customs authorities;
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We only dispatch orders on working days and will use reasonable endeavours to dispatch morning orders same day and afternoon order the following day (or following Monday for Friday afternoon and weekend orders) in order to deliver products according to the delivery periods set out in our order confirmation.
Should you wish to order more than twelve (12) items or have special delivery requirements you may send an email order to us at email@example.com giving all details requested on the Checkout page including a contact phone number for one of our sales staff to call and take your card details by phone.
Consumers: returns policy
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out below under Business customers: returns policy
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
If you are returning an item due to an error on our part or because it is defective. Where a replacement is not required a full refund will be made along with the original and return postage, once we have received your returned item(s). Replacements due to an error on our part or due to defect will be dispatched at no additional postage charge. For items returned to us by post refunds will be completed within a maximum of 14 days.
To return an item to us :
- Please return your item(s) with your delivery slip and give reason for return
- If you do not have the original delivery slip, please send a note with reason for return(stating your name & billing address so that we may locate your order in our system)
- In case of a faulty item please describe the fault
- We recommend you receive proof of posting when you return items as we are unable to accept responsibility for items that fail to reach us.
- Please send your returned items to the address below
P.O BOX 18
Should there ever be cause for complaint please do contact us straight away, call our customer services on 0344 417 1431, or email us at firstname.lastname@example.org, or write to us at the address above.
Consumers: statutory rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
Business customers: limitation of warranties
This Section applies only to business customers, not consumers.
We warrant to business customers that the products purchased from our website will:
- conform in all material respects to any applicable specification of such products [published on our website / issued by us]; and
- be free from material defects in materials and workmanship for a period of [1 year] from the date of delivery of the products.
Business customers: returns policy
This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out above under Consumers: returns policy
Products may only be returned to us with our prior agreement at your expense, and according to our directions. Any products returned in contravention of this will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.
Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
Consequences of cancellation
Upon the cancellation of a contract in accordance with ‘Business customers: indemnity’ we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
PastaMaestro Limited is Registered as a Private Limited Company, Company Number. 7594978 Certificate issued by the Registrar of Companies for England and Wales on 7th April 2011, registered address:- PastaMaestro Limited, Pillar House, 113/115 Bath Road, Cheltenham, Gloucestershire, GL523 7LS
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of an order or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.