1. These Terms
    • These Terms (together with our Privacy Policy, Terms of Website Use, and Acceptable Use Policy) tells you information about the Artisan Olive Oil Company Limited (we, us, our) and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on artisanoliveoilcompany.com (our site) to you the customer (you, your).
    • These Terms will apply to any contract between you and us for the sale of Products to you (Contract) to the exclusion of any other terms that you may seek to impose or incorporate, which are implied by trade, custom, practice or course of dealing.
    • Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
    • We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
    • These Terms, and any Contract between us, are only in the English language.
    • The following rules of interpretation apply to these Terms;
      • Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
      • Credit Customers: means our established trading customers with whom we have a prior written agreement relating to any agreed credit limit.
      • a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
      • any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
      • a reference to writing or written includes emails.
  1. Information about us
    • We operate the website www.artisanoliveoilcompany.com. We are the Artisan Olive Oil Company Limited, a company registered in England and Wales under company number 10129756 and with our registered office at: 45 St Stephens Gardens, W2 5NA, London, UK which is also our main trading address. Our VAT number is 239 3459 81.
    • Contacting us. You may contact us by:

Telephone: + 44 (0) 203 866 8934

Email: info@artisanoliveoilcompany.com

If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.

  1. Our Products
    • The images of the Products on our site, within catalogues, brochures, advertising materials, drawings, descriptive matter, specifications and other materials are for illustrative purposes only and shall have no contractual force. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
    • Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
    • The packaging of the Products may vary from that shown on images on our site.
    • The Products we supply to you under this agreement shall:
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by us; and
      • comply with all applicable statutory and regulatory requirements.
    • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
  2. Use of our site

Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

  1. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

  1. Authority
    • You confirm that you are not a consumer and you have authority to bind any business on whose behalf you use our site to purchase Products.
    • These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
    • You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
    • It is agreed that neither you nor we shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
  2. How the contract is formed between you and us
    • Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    • Each order you place shall be deemed to be a separate offer by you to purchase products from us on the terms of the Contract, which we shall be free to accept or decline at our absolute discretion.
    • After you place an order, you will receive an acknowledgement that we have received your order. However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 3. Where your order is in excess of £500 we may contact you to confirm.
    • We will confirm our acceptance to you by sending you notification that confirms that your order has been accepted (Acceptance Confirmation).
    • You will receive notification from our courier that the Products have been dispatched (Dispatch Confirmation).
    • The Contract between us will only be formed upon the earlier of:
      • the Acceptance Confirmation; and
      • the Dispatch Confirmation.
    • If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged and paid for as soon as possible.
  3. Acceptance and defective products
    • You may reject any Products delivered to you that do not comply with 4.1 , provided that:
      • notice of rejection is given to us:
        • in the case of a defect that is apparent on normal visual inspection, within One Business Day of Delivery;
        • in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and.
      • none of the events listed in clause 3 apply.
    • If you fail to give notice of rejection in accordance with clause 1, or you resell the Products, you shall be deemed to have accepted these Products.
    • We shall not be liable for a Products' failure to comply with 4.1 in any of the following events:
      • You make any further use of those Products after giving notice in accordance with clause 1;
      • the defect arises because you failed to follow the Supplier's oral or written instructions for the storage, commissioning and use of the Products or (if there are none) good trade practice regarding the same;
      • the defect arises as a result of our following any specification supplied by you outside of our normal Products;
      • you alter those Products without our written consent;
      • the defect arises as a result of wilful damage, negligence, or abnormal storage conditions; or
      • the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    • If you reject Products under clause 1 then we may, in our absolute discretion:
      • replace the rejected Products; or
      • repay the price of the rejected Products in full.
    • We may set off any liability we may have to you arising from your rejection of the Products against any liability you may have to us.
    • Once we have complied with 4 we shall have no further liability to you for the rejected Products' failure to comply with clause 3.4.1.
    • The terms of this Agreement shall apply to any repaired or replacement Products we supply to you.
  4. Our right to vary these Terms
    • We amend these Terms from time to time.
    • Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
    • We may revise these Terms as they apply to your order from time to time to reflect the following:
    • changes in relevant laws and regulatory requirements;
      • changes arising from increased supplier costs to us; or
      • any changes arising from the UK’s departure from the European Union or otherwise.
    • If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes.
  5. Delivery
    • We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
    • If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
    • Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us (Delivery).
    • The Products will be your responsibility from Delivery.
    • Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
    • If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.
    • We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by an event outside our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
  6. Title and risk
    • The risk in the Products shall pass to you on completion of delivery (see clause 3).
    • Title to the Products shall not pass to you until the earlier of:
      • we receive payment in full (in cash or cleared funds) for the Products and any other goods that we have supplied to you, in which case title to the Products shall pass at the time of payment of all such sums; and
      • you resell the Products, in which case title to the Products shall pass to you at the time specified in clause 4.
    • Until title to the Products has passed to you, you shall:
      • store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
      • not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
      • maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
      • notify us immediately if you become subject to any of the events listed in clause 1; and
      • give us such information relating to the Products as we may require from time to time.
    • Subject to clause 5, you may resell or use the Products in the ordinary course of your business (but not otherwise) before we receive payment for the Products. However, if you resell the Products before that time:
      • you do so as principal and not as our agent; and
      • title to the Products shall pass from us to you immediately before the time at which resale by you occurs.
    • If before title to the Products passes to you, you become subject to any of the events listed in clause 1, then, without limiting any other right or remedy we may have:
      • your right to resell the Products or use them in the ordinary course of its business ceases immediately; and
      • we may at any time:
        • require you to deliver up all Products in your possession that have not been resold, or irrevocably incorporated into another product; and
        • if you fail to do so promptly, enter any of your premises or of any third party where the Products are stored in order to recover them.
  1. International delivery
    • We deliver to the United Kingdom and selected European countries (International Delivery Destinations). However there may be restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
    • If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 
    • You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    • You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
  2. Price of products and delivery charges
    • The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 6 for what happens if we discover an error in the price of Product(s) you ordered.
    • Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
    • We may, by giving notice to you at any time up to 5 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
      • any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
      • any request by you to change the delivery date(s), quantities or types of products ordered, or specification; or
      • any delay caused by any instructions you give us or failure by you to give us adequate or accurate information or instructions.
    • The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
    • The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our latest catalogue.
    • Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
      • where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
      • if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid
  1. PAYMENT TERMS
    • We may invoice you for the Products on or at any time after the completion of delivery.
    • Credit Customers:
      • Unless agreed otherwise, you shall pay the invoice in full and in cleared funds within 30 days. Payment shall be made in accordance with our invoice. Time of payment is of the essence.
    • Pro forma Customers:
      • Payment must be made upon placement of the order.
      • Contact us to arrange a credit or debit card payment or to pay by cheque:

Telephone: + 44 (0) 203 866 8934

Email: info@artisanoliveoilcompany.com

  • Subject to the Late Payments of Commercial Debts (Interest) Act 1998, if you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 8% per annum above the Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
  • You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies it may have, set off any amount owing to us by you against any amount payable by us to you.
  1. Termination
    • Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if:
      • You commit a material breach of any term of the Contract and (if such a breach is remediable) you fail to remedy that breach within 5 business days of being notified in writing to do so;
      • You take any steps or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      • You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • Your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • Without limiting our other rights or remedies, we may suspend provision of the Products under the Contract or any other contract between you and us if you become subject to any of the events listed in clause 1.1 to clause 15.1.4 or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
    • Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if you fail to pay any amount due under the Contract on the due date for payment and you remain in default not less than 14 days after being notified in writing to make such payment.
    • On termination of the Contract for any reason you shall immediately pay all of our outstanding unpaid invoices and interest.
    • Termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect
  2. Limiting Our liability
    • This clause sets out our entire financial liability (including any liability for the acts or omissions of our respective employees, agents and subcontractors) to you for:
      • any breach of this agreement however arising;
      • any use made or resale of the Products by you, or of any product incorporating any of the Products; and
      • any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
    • Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession); or
      • defective products under the Consumer Protection Act 1987.
    • Subject to clause 2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • any loss of profits, sales, business, or revenue;
      • loss or corruption of data, information or software;
      • loss of business opportunity;
      • loss of anticipated savings;
      • loss of goodwill; or
      • any indirect or consequential loss.
    • Subject to clause 2 and 16.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (a Claim) shall in no circumstances exceed 60% of the price of the goods purchased by you in the 12 months prior to the Claim arising.
    • Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
  3. Events outside our control
    • 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 2.
    • An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    • You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.
  4. Data Protection
    • The information you provide will be used by us primarily to provide products to you. This will include updating and enhancing customer records, analysis to help us manage our business, statutory returns and legal and regulatory compliance.
    • The Company may make a search of a credit reference agency, which will keep a record of that search. The Company may also make enquiries about the principal directors of the Customer.
    • The Company will monitor and record information relating to the Customer's trade credit performance and such records maybe made available to credit reference agencies and other organisations who will share that information with other businesses to assess applications for credit.
    • Your information will be kept confidential and secure. Our use of this information is subject to your instructions and the General Data Protection Regulation (under which we are a Data Controller). 
    • Occasionally we would like to send you information about additional products that we offer. If you do not wish to receive such information, then please write to our Data Protection Manager at The Artisan Olive Oil Company Limited, 45 St Stephens Gardens, London W2 5NA.
    • For further information as to how we protect and respect your privacy and ensure the security of your personal data, please read our Privacy Notice as published on our website at www.artisanoliveoilcompany.com.

 

  1. Notices
    • Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
    • A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
    • 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.
  • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  1. General
    • Assignment and other dealings. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing..
    • Variation. Subject to clause 8, no variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    • Third party rights. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    • Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Governing Law. A Contract and any dispute or claim arising out of or in connection with it or its 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.
    • Jurisdiction. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).