General

These Terms and Conditions apply to all orders placed with sibarita and supersede all other terms and conditions. sibarita is a trading name of Spain’s Organic Larder Limited (company number: 04450002), whose registered address is Liston House, Liston Gardens, Liston, Sudbury, CO10 7HY). Throughout our website www.sibarita.co.uk, the terms “we”, “our”, us” refer to sibarita.

Please read our Terms and Conditions carefully. By accessing our website and/or placing an order with us, you agree to be bound by our Terms and Conditions. If you do not agree to be bound by our Terms and Conditions, please do not use our website.

In some areas you will have different rights under our Terms and Conditions depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in blue and those specific to businesses only are in red.

If you are a business customer this is our entire agreement with you. If you are a business customer these Terms and Conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Prices

All prices for goods displayed on our website are inclusive of taxes, as applicable.

Delivery is charged for separately. Please note that it may not be possible to deliver to some areas.

Alcohol

You must be 18 or older to use this website and buy alcohol. By placing an order with us online you are confirming you are 18 or older. It is an offence to sell alcohol to anyone under the age of 18 in the UK. If you are buying alcohol for someone else the recipient also has to be 18 or older.

Deliveries must be accepted by a person aged 18 or older. If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. We reserve the right to cancel the delivery if the age and identity of the recipient is in doubt.

Placing an order

Your order submitted through our website is an offer to purchase the goods in your order. We will email you to acknowledge of receipt of your order. Our acceptance of your order will take place when we dispatch goods to you, at which point a contract will come into existence between you and us. You must pay for the goods before we dispatch them.

If we are unable to accept your order, we will notify you and will not charge you for the goods. This could be because we have insufficient stock or we do not deliver to your area or we have identified an error in the price or description of an item.

Your cancellation rights

If you are a consumer and your contract with us is for non-perishable goods, you may cancel your order free of charge at any time within 14 days after you receive the goods. If you wish to cancel your contract in this way, please write to us at our address: Liston House, Liston Gardens, Liston, Sudbury, CO10 7HY. You do not have to give any reasons for your cancellation.

If you are a consumer and you tell us you are cancelling your contract for non-perishable goods, we will not charge you for those goods. This is on the condition that if we have already dispatched the goods, you return them to us unopened and in the same condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we may deduct the direct costs of recovering the goods from any amount to be re-credited to your credit or debit card.

You acknowledge that we cannot accept cancellation of a contract to purchase perishable goods in this way.

Delivery

We will deliver the goods ordered by you to the address for delivery you give us with your order.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or damage.

If you have specified a delivery address with your order which is outside the UK it is your responsibility to observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Complaints and liability 

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us about the problem within 30 days of the delivery of the goods by writing to our address: Liston House, Liston Gardens, Liston, Sudbury, CO10 7HY.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 40 days of the date on which you ordered the goods by writing to our address: Liston House, Liston Gardens, Liston, Sudbury, CO10 7HY.

If you notify us of a problem or complaint, our obligation will be, at your option:

  • to make good any shortage or non-delivery; or
  • to replace any goods that are damaged or defective, unless that would be impossible or disproportionate; or
  • to reduce the purchase price by an appropriate amount; or
  • to refund to you the amount paid by you for the goods in question in whatever way we choose.

We shall have no liability to pay any money to you by way of compensation other than to refund to you the some or all amount paid by you for the goods in question. In particular, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.

Notwithstanding the foregoing, we do not exclude or limit our liability where it would be unlawful to do so.

If you are a consumer, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for fraud or fraudulent misrepresentation or for any death or personal injury resulting from our negligence.

If you are a business customer, nothing in these Terms and Conditions is intended to exclude or limit our liability to you for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, for defective products under the Consumer Protection Act 1979, for fraud or fraudulent misrepresentation or for any death or personal injury resulting from our negligence. Except to the extent expressly stated above, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Notices 

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our address comprising one of the following:

  • By post or by leaving the notice at: Liston House, Liston Gardens, Liston, Sudbury, CO10 7HY.or
  • By email to info@sibarita.co.uk

All notices from us to you will be sent to you at the email address you provide in your order form.

Events beyond our control 

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, pandemic, flood, fire, explosion or accident.

Copyright

Text, images and other content within the pages of our website and brand names and trademarks are the property of sibarita or its affiliates and may not be copied, printed, reproduced, republished, downloaded, broadcast or transmitted in any way except for your own personal non-commercial use. You are granted a limited licence to access and make personal use of our website, but this does not include the right to collect or use product listings, descriptions, images, meta-tags or any other material for your or anybody else’s use.

Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy 

You acknowledge and agree to be bound by the terms of our privacy policy.

Third party rights

Except for our affiliates, partners, employees or representatives, a person who is not a party to any contract between you and us has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law 

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between you and us.