Geschäftsbedingungen des Handels
The Products we sell are available to both personal and business customers. We refer to personal customers as "consumers". We define a consumer as an individual who is buying our Products for his own private use which is a purpose wholly or mainly outside his business, trade or profession.
By using the attilus.co.uk site you agree to be bound by these Terms. If you refuse to accept these Terms, do not proceed 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 were most recently updated on 8 June 2015. The Terms applicable to each Contract with you will be the Terms in the version most recently amended before the date of the Contract.
These Terms and any Contract between us are only in the English language.
Information about us
1.1 We operate the website www.attilus.co.uk. We are ATTILUS SERVICES LIMITED, a company registered in England and Wales under company number 09340484 and with our registered office at 8 Welbeck Way, London W1G 9YL, United Kingdom. Our trading address is at 8 Welbeck Way, London W1G 9YL, United Kingdom. Our VAT number is GB 226 9372 88.
1.2 Contacting us if you are a consumer:
a) To cancel a Contract in accordance with your legal rights to do so, please see clause 9
b) You can e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 0207 632 7585 or by post to Attilus Services Limited, 8 Welbeck Way, London W1G 9YL, United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it.
c) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0207 632 7585 or by e-mailing us at email@example.com.
d) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 0207 632 7585 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the packaging and colours accurately, we cannot guarantee that your computer's display will accurately reflect the Products as they actually appear. Your Products may vary slightly from those images.
2.2 The Products we depict on an "invitation to treat" basis include food items such as caviar and caviar products all of which are perishable having limited shelf lives and need to be kept refrigerated at all times (Food Products) and non-perishable items such as spoons and gift boxes (Non-Food Products). The examples of Products mentioned in this clause are examples only and the full range, inclusive of all sizes and other variants, are shown on our site. Our cancellation policy relates only to Non-Food Products.
2.3 The packaging of the Products may vary from that shown in images on our site.
Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 By purchasing products from our site, you agree that your information will be transferred to the United States.
If you are a business consumer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Contract.
How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. All orders are subject to acceptance and availability of the Product you require. 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 and ensure that the information you include in your order is complete and accurate.
7.2 After you place an order, you will receive an e-mail from us acknowledging 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 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been ordered and dispatched (Dispatch Confirmation) and the anticipated delivery date. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 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 12.5, we will inform you of this with reasons 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 as soon as possible.
Our right to vary these terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and take note of which Terms were changed.
8.2 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.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 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 and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Your consumer right of cancellation, return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Non-Food Product, you can notify us of your decision to cancel the Contract (in its entirety if it is only for Non-Food Products) and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 This cancellation right does not apply in the case of:
a) Food Products because they have short shelf-lives, they must be kept refrigerated and they are liable to deteriorate rapidly;
b) any Non-Food Products which become mixed inseparably with other items after their delivery.
9.3 Your legal right to cancel a Contract in respect of Non-Food Products starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract End of the cancellation period
Your Contract is for a single Non-Food Product (which is not delivered in installments on separate days). The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Non-Food Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last installment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first installment of your Product or the first of your separate Products on 10 January and the last installment or last separate Product on 15 January you may cancel in respect of all installments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
9.4 To cancel a Contract for Non-Food Products, you just need to let us know that you have decided to cancel. The easiest way to do this is to tell us by email or post that you give us notice of your wish to cancel your Contract, stating your name, address, the Non-Food Products ordered and the date of receipt of them. We will then e-mail you to confirm we have received your cancellation. You can e-mail us at email@example.com or by post to Attilus Caviar, 8 Welbeck Way, London W1G 9YL, United Kingdom but please give full details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you cancel your Contract we will:
a) refund you the price you paid for the Non-Food Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). If we offer delivery of a Non-Food Product within 3-5 days (for example) at one cost but you choose to have the Non-Food Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Non-Food Product and we have not offered to collect it from you: 14 days after the day on which we receive the Non-Food Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Non-Food Product back to us. For information about how to return a Non-Food Product to us, see clause 9.9;
(ii) if you have not received the Non-Food Item or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 You will need to call us at 0207 632 7585 to obtain a returns acknowledgement number before you return any Non-Food Product.
9.7 If you have returned the Non-Food Products to us under this clause 9 because they are defective or inaccurately described, we will refund the price of them in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Non-Food Products we may refund you in vouchers.
9.9 If the Non-Food Product has been delivered to you before you decide to cancel your Contract:
a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Non-Food Product from you as advised in a letter or an email, we will collect the Non-Food Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
b) unless the Non-Food Product is defective or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Non-Food Products to us. If the Non-Food Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Non-Food Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Non-Food Product from you, we will charge you the direct cost to us of collection. We charge £20 for the collection of caviar and sturgeon meat products;
9.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are defective or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 All Products are normally available and will be dispatched within 24 hours of Dispatch Confirmation for next day delivery. It is our intention that in any event delivery will take place within 4 working days. Orders should be placed before 15:00 Monday to Thursday (excepting public holidays in England). Orders for Food Products placed after Thursday 15:00 will be delivered on the following Tuesday.
10.2 Orders with a total weight of between 0 - 2kg are delivered to you either by Royal Mail or by courier to any address on the United Kingdom mainland. Delivery is intended to take place within two days from the date on which the order is placed except where an order is placed on a Friday, Saturday, Sunday or a Bank Holiday. Where an order is placed on any such day, delivery is intended to take place on the second working day following the day on which the order is placed.
10.3 Notwithstanding clauses 10.1 and 10.2, in all cases delivery dates will never be later than 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
10.4 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. If you request Products to be delivered to an address which is not the billing address, you must provide us with the delivery address in full (including the postcode) and a delivery contact telephone number.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
These clauses 10.6 to 10.9 only apply if you are a consumer purchasing Non-Food Products.
10.6 If we miss the 30 day delivery deadline mentioned in clause 10.3 for delivery of any Products, then you may cancel your Contract straight away if any of the following apply:
a) we have refused to deliver the Products;
b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.7 If we have delivered any Products outside the 30 day delivery deadline, you may retain them but we will refund your payment and delivery charges in full.
10.8 If you do not wish to cancel your Contract straight away, or do not have the right to do so under clause 9 or 10.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.9 If you do choose to cancel your order for late delivery under clause 10.6, you can do so for just some of the Non-Food Products or all of them, unless splitting them up would significantly reduce their value. If the Non-Food Products have been delivered to you, you will have to return them promptly, securely and in a sale-able condition to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Non-Food Products and their delivery.
10.10 In the case of any Product being out of stock, we will make reasonable attempts to contact you by e-mail or by telephone. If you do not wish to cancel your Contract, we will offer you an alternative Non-Food Product.
10.11 If you inform us in good time before we send you the Dispatch Confirmation, you may discontinue an order for any Products.
10.12 We will in any event refund the price paid for any Products and all delivery charges if you show that they are defective or damaged on delivery and if you return these to us as we explain in clause 9.
11.1 Unfortunately, we do not deliver to addresses outside the UK.
11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
11.3 If you require delivery of our Products to an address outside the UK you should visit the website of our sister company Attilus GmbH (www.attilus.de). If you intend to order any item from Attilus GmbH, please note that Product availability, prices and terms of supply shall be subject to the separate terms and conditions of Attilus GmbH.
Price of products and delivery charges
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all 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 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 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 Delivery Charges page.
12.4 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa (Credit/Debit), Visa Electron, Mastercard (Credit/Debit), JCB and Maestro.
13.2 All debit and credit card holders are subject to verification checks and authorization by the card issuer. If your card issuer refuses to authorize payment to us, we will not be liable for any delay or non-delivery of the Products.
13.3 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
Our warranty for the products
14.1 We provide a warranty that on delivery the Products shall be fit for consumption and free from material defects.
14.2 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are defective or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 15 only applies if you are a business customer.
15.1 Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d) defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 15.1, 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:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
15.3 Subject to clause 15.1, 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, shall in no circumstances exceed 100% of the price of the Products.
15.4 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.
Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
Events outside our control
17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 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.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b)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.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
(a) 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.
(b) 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 09:00 on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
19.3 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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 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.
19.5 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.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, 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.
19.8 If you are a business, 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).