Terms & Conditions
Welcome to the website of Coffee Gems Artisan Roasters! We built our website to share information about our company, our cafes, and our coffees; to make guides available that show you how to brew delicious coffees at home; to provide updates related to our company; and to allow you to purchase our coffees and other products and have them shipped directly to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the tick box if you accept them and agree to be bound by them. Please understand that if you do not ‘accept’ these terms and conditions, you will not be able to order any Products from our site.
These terms and conditions can change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes.
Please ensure you read them carefully prior to using this website and/or ordering with us. They set out your rights and obligations and those of Coffee Gems Ltd in relation to this website and its content and exclude and limit our liability to you in the event of loss or damage.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
INFORMATION ABOUT US
COFFEEGEMS.CO.UK is a site owned and operated by Coffee Gems Ltd (“we”, “us” or “our”). Coffee Gems is a brand and a registered trademark of Coffee Gems's Limited. We are registered in England and Wales under company number 11101965 and VAT Reg. Number is 290273111.
Our registered office, main trading and contact address is at:
20 Riverside Park, Dogflud Way,
If you have any queries relating to the Terms and Conditions, please contact our Customer Service team at Coffee Gems before using and/or placing an order. Please see contact details and opening hours below.
Phone: 01252 629585
Customer Service opening hours:
Monday - Friday 09:00 to 17:00
At Coffee Gems we are committed to providing an excellent service. If you have purchased any of our products, or indeed received a gift with which you are not entirely happy, please contact us with your comments; we need to know where we can improve our service and products, and will do all we can to put it right for you. We will endeavour to respond to all queries within 7 working days.
OUR PRICES & OFFERS
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Any offers we make, from time to time, are designed to be used independently, and are not available in conjunction with any other offers that may be available from time to time. We reserve the right to withdraw any offers without notice.
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom. We only deliver to the United Kingdom.
PURCHASING OUR PRODUCTS
You may only purchase our products if you are at least 18 years old. When you do it, you represent that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete, (3) you will be solely responsible for all transactions that take place using your account, and (4) you will be solely responsible for maintaining the secrecy and security of your account and password.
We reserve the right to refuse service, terminate your account, or cancel your orders in our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Please note that due to the method we use for secure online payment we take full payment for your order in advance of despatch (pre-payment). After placing an order and making a pre-payment, you will receive an e-mail from us acknowledging that we have received your order and pre-payment (an Order acknowledgment). Please note that this does not mean that your order has been accepted. Your order and your pre-payment constitute an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. If we do not accept your order we will return your pre-payment to you as soon as we reasonably can and in any event within 30 days of your original offer to us.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
LINKS TO OTHER SITES
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that any products that you may purchase from such businesses or companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).
To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately in the same condition in which you received them and unopened, and at your own cost and risk.
You will not have any right to cancel a Contract for the supply of roasted coffee.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. However, we will endeavour to dispatch your order within 24 hours.
We will deliver the products ordered by you to the address you give us for delivery at the time you place your order. It is, however, your responsibility to provide us with accurate delivery address details. We do not check or verify addresses and messages supplied by you.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT, where applicable, but exclude delivery costs, which will be added to the total amount due as set out in our delivery guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such a cancellation.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with Switch, Solo, Mastercard and Visa. We charge your credit or debit card in full when you place an order. Any credits due for refunds or cancellation are processed as soon as possible but in any event within 30 days of notification of such refunds or cancellation. Please refer to the clauses below; ‘Our refunds policy’ and ‘We may not accept your order’ for more details.
When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with the paragraph below ‘Our right to vary theses terms and conditions’, that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
Products returned by you because they are not of satisfactory quality will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Products returned by you within the seven-day cooling-off period (see the Consumer Rights paragraphs above) will be refunded in full, including the cost of sending the item to You. However, you will be responsible for the cost of returning the item to us.
We warrant to you that any Product purchased from us through our site is of satisfactory quality.
Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be in writing and sent to Coffee Gems, Farnham GU9 7UG. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
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.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices paragraph above.
These terms and conditions and any document expressly referred to in them, together with our current website prices, delivery details, contact details, represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us or our employees, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
Any changes we may make to our terms and conditions in the future will be posted on these pages. You are expected to check these pages from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained our terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law.
Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.