Terms of Use

The East India Company Fine Foods Ltd (“The East India Company”) owns and operates the website http://www.eicfinefoods.com (“the Site”). By accessing the site, you (“the User(s)”) agree to be bound by these terms and conditions and you attest that you are over the age of 18 years of age, or are using the site under the direct supervision of an adult. By placing an order, you warrant that you are legally permitted to enter into a binding contract and that you are at least 18 years of age. If you do not agree to be bound by the terms and conditions held herein, you should refrain from using the site. The terms and conditions may change at any time and your continued use of the site signifies that you agree to be bound by these terms and conditions as they are amended.

You should retain a copy of these terms and conditions for future reference. You can contact us with any queries by email at [email protected].

 

Definitions and Interpretation

In these Terms and Conditions the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Content and purchase Goods through the Web Site;

“Acknowledgement Email” means an automated e-mail sent from The East India Company Fine Foods to confirm that we have received an order;

“Carrier” means any third party responsible for transporting purchased Goods from our storage facilities to the delivery address provided;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Despatch” means the time at which we take payment for any Goods that a User has ordered or the time at which we dispatch the Goods that a User has ordered to the delivery address provided, whichever is the earlier;

“Goods” means any product or products that The East India Company Fine Foods advertises or makes available for sale through this Web Site;

“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit and debit card numbers, bank account numbers and sort codes;

“Phone Line” means our customer service telephone number.

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar information that may be in hard copy or electronic form;

“Premises” means our place of business located at 7-8 Conduit Street, London W1S 2XF, United Kingdom;

“Returns Address” means Seko Omni-Channel Logistics, 4 Aurora Drive, Suite 402, Cranbury, NJ 08512

“Service” means collectively any online or telephone facilities, tools, services or information that The East India Company Fine Foods makes available through the Web Site or Phone Line either now or in the future;

“System” means any online or telephone communications infrastructure that is made available through the Web Site or Phone Line either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“The East India Company Fine Foods”, “we” or “us” means The East India Company Fine Foods Limited, a private limited company with its trading address at 7-8 Conduit Street, London W1S 2XF, registration in England and Wales No. 5243353;

“User” means any party that accesses the Web Site or Phone Line and is not employed by or acting in the course of their employment with The East India Company Fine Foods; and

“Web Site” means the website that you are currently using (www.eicfinefoods.com), which is owned and provided by The East India Company Fine Foods.

 

Age and Legal Restrictions

Persons under the age of 18 should use our Web Site and Phone Line only with the supervision of an Adult. By placing an order you warrant that you are legally permitted to enter into binding contracts and that you are at least 18 years old.

 

Orders

On placing an order via the Web Site, you will receive an Acknowledgement Email. This does not mean that your order has been accepted. The East India Company Fine Foods reserves the right to refuse orders from any User.

Your order constitutes a contractual offer by you to us to buy Goods. Your contractual offer is deemed to be accepted by us only upon the Despatch of those Goods. We will not be obliged to supply any other Goods which may have been part of your order for which Despatch has not occurred. The East India Company Fine Foods reserves the right to cancel orders without stating reasons, for any reason prior to Despatch. If payment has not been taken at Despatch, then we will include a copy of the despatch invoice with the Goods.

 

Availability, Risk & Pricing

Stock indications are provided on the Web Site however these may not take into account items purchased in around the time of your purchase and can be subject to error. Hence all Goods on the Web Site are subject to availability and may be withdrawn at any time prior to Despatch.

Goods will be at the User’s risk from the time that they have been received at the delivery address provided. Ownership of Goods will only transfer to the User when full payment of all sums due in respect of the Goods has been received.

The price of all Goods purchased via our Web Site, will be as quoted on the Checkout Page of the Web Site from time to time, except in the cases of obvious error, including but not limited to clerical and typographical errors. These prices include VAT (if applicable) but exclude delivery costs. Delivery costs shall be as quoted on our Web Site from time to time, except in the cases of obvious error, including but not limited to clerical and typographical errors.

Orders are despatched from the UK, however import duties and taxes are included in any delivery charges and will not be charged in excess of the order price as quoted on the Checkout Page. As the buyer of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the local and national laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The East India Company Fine Foods cannot guarantee that the packaging of your Goods will be free of signs of tampering.

Prices are liable to change at any time because of variations in raw material prices for example. These changes will not affect orders for any Goods for which Despatch has already occurred. However, in the event that the prices or delivery costs of any Goods ordered change after the order for those Goods is placed but prior to the Despatch of those Goods, we will contact you using the contact details you provide us to check whether you still want to proceed with the order on the basis of the new prices and delivery charges.

You can pay for any Goods ordered via the Web Site in full by VISA credit or debit card, Mastercard credit or debit card, and American Express credit card.

 

Delivery

The East India Company Fine Foods does not deliver Goods to PO Box addresses or any variation of postal boxes, or to military postal addresses.

We will endeavour to deliver Goods within 30 working days from the date on which the order for those Goods was placed, expect for circumstances beyond our reasonable control. If we are unable to deliver your order within 30 working days we will notify you in writing of the delay. In the event of a delay in delivery of greater than 30 working days you may cancel your order resulting in us providing you with a full refund.

We will notify you by email to confirm Despatch of Goods. This email will contain details on the estimated delivery time as well as any tracking information where provided by the Carrier.

 

Returns, Refunds and Replacements

You will not have any right to cancel your order and receive a full refund for any Goods which have been personalised, or any Goods which are perishable (e.g. any food and beverage items). Furthermore, you may only cancel your order for Goods provided that all packaging remains unopened, any seals remain unbroken and the Goods can be re-sold, as new, without any additional work on the part of The East India Company Fine Foods.

If you receive Goods which you claim are incorrect or defective, including Goods that have been personalised or are perishable, then you should contact us by email at [email protected] within 30 days of receipt of the Goods to report these claims and arrange a return and refund.

If Goods are damaged in transit, you should sign the delivery note, where possible, to the effect that the goods have been damaged and contact us by email at [email protected] within 30 days of receipt of the Goods to report such damage and arrange a return.

Once we receive your request to arrange a return, we will provide you with a Returns Authorisation Number number that you should enclose with the Goods and return the Goods to our Returns Address. You will be responsible for the costs of returning the Goods to and for ensuring the safe delivery of the Goods to the Returns Address. We recommend that Goods are insured during transit to their full value.

Once we have received and processed the returned Goods, you will receive a full refund of the original purchase price paid for the Goods excluding all delivery charges paid.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase but we reserve the right to refund you by any other reasonable means.

Should you have any queries in relation to returning any Goods purchased from us, you can contact us by email at [email protected] or by telephone on +1 973 536 2548.

If we receive no communication from you within 30 days of delivery regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

 

 

Intellectual Property (Copyright, Trademarks and Service Marks)

Unless specifically noted, all content except that which has been uploaded by Users is the property of The East India Company or other relevant third parties. This material is protected by international intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless given express written permission to do so by The East India Company.

 

Content Submissions and Use of Communications Systems and Services

When contacting us over email, via the Phone Line or by any other form of communication provided on the website or using any Services provided on the website to submit Content onto the Site, you should do so in accordance with the following rules:

  • You must not use obscene or vulgar language;
  • You must not submit Content that is unlawful or otherwise objectionable. This include, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • You must not submit Content that is intended to promote or incite violence;
  • It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
  • The means by which you identify yourself must not violate these terms of use or any applicable laws;
  • You must not impersonate other people, particularly employees and representatives of The East India company or other related third parties;
  • You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”;
  • You acknowledge that The East India Company reserves the right to monitor all communications made to us using our system and remove any Content that you submit that, in our opinion does not comply with our Terms and Conditions;
  • Any Content that you submit to our website will not be considered confidential or proprietary, and we have the right to use, copy, distribute and disclose to third parties such material for any purpose. If any third party claims that Content submitted by you to our Site constitutes a violation of their intellectual property rights or right to privacy, we will have the right to disclose your identity to that third party. We will not be responsible, or liable to any third party, for the content or accuracy of any Content submitted by you or any other User.

 

Links

The Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The East India Company. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

Those wishing to place a link to this Site on other sites may do so only to the homepage of the Site (www.eicfinefoods.com/us) without prior permission. You may only link to our homepage in a manner that is fair and legal and does not damage or take advantage of our reputation. We reserve the right to withdraw linking permission without notice or reason. Deep linking (links to specific pages within the site) requires express permission in writing from The East India Company. For more information, please contact us by email at service[@]eicfinefoods[dot]com.

 

Privacy

We collect the following information from you in order to provide our service.

  • Name
  • Address
  • Email Address
  • Phone Number
  • Payment Details

We do not share any data which can identify you personally with any third parties or associated companies without your express permission. For more information on our Privacy Policy, please visit www.eicfinefoods.com/us/help/privacy

 

Warranty and Availability of Service

Our products and services are provided “as is” and on an “as available” basis through our Site. We give no warranty that these products and services will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality. The East India Company accepts no liability for any disruption or non-availability of the Site or Phone Line resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

Limitation of Liability

To the maximum extent permitted by law, The East India Company Fine Foods accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Phone Line, Web Site or any information or Content contained therein. Nothing in these Terms and Conditions excludes or restricts The East India Company Fine Foods’ liability for death or personal injury resulting from any negligence on the part of The East India Company Fine Food or for fraud or fraudulent misrepresentation.

 

General, Disclaimers and Notices

The East India Company reserves the right to change the Phone Line, Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If The East India Company Fine Foods is required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders that you have placed but for which Despatch has not yet occurred, in addition to any orders placed by you in the future. We expect you to check this page from time to time to take notice of any changes we made, as they are binding on you.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise in these Terms and Conditions

The East India Company Fine Foods makes no warranty or representation that the Web Site or Phone Line will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Web Site or Phone Line.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

All notices / communications shall be given to us by email to service[@]eicfinefoods[dot]com. Such notice will be deemed received on the day of sending if the email is sent in full on a business day and on the next business day if the email is sent in full on a weekend or public holiday.

You may not assign to any third party your agreement to abide by these Terms and Conditions without our prior written consent.

The East India Company Fine Foods will have no liability to you under these Terms and Conditions if we are prevented from, or delayed in, performing our obligations under these terms by anything outside of our reasonable control.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

These Terms and Conditions, and the Privacy Policy referenced herein, represent the entire agreement between you and The East India Company Fine Foods, in relation to the subject matter contained herein.

In the event that any of these provisions are found by any court or administrative body of competent jurisdiction to be unlawful, invalid or otherwise unenforceable, that Clause is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. This severance shall apply only within jurisdictions where the provision is found illegal.

These Terms and Conditions and the relationship between you and The East India Company Fine Foods shall be governed by and construed in accordance with the laws of England and Wales and The East India Company Fine Foods and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.