"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
"Seller" means MONTADITO: ORIGINAL SPANISH DELICACIES Ltd, registered in England and Wales No. 8108618. Also trading as Montadito: Original Spanish Delicacies
“Goods” means all products offered for sale by the Seller;
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. Ordering and registration
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
The Seller may choose not to accept an order for any reason.
The nature of the Seller’s business is such that sometimes goods may not be available due to factors beyond the Seller's control. Where the Goods ordered by the Buyer are not available, the Seller reserves the right to substitute the Goods with goods of similar style and of equivalent, or greater value. If this is not possible, we will contact the Buyer to discuss a possible replacement. If we are unable to contact the Buyer, the order will be deemed to have been cancelled and a full refund will be given if you have already paid for the goods. We will regard the sending of email confirmation of the cancellation of the order as a sufficient measure to notify the Buyer of the status of the order.
If the Buyer decides to register with montadito.co.uk as a customer, the Buyer will be responsible for maintaining the confidentiality of their account username and password, for preventing unauthorised access to their account and the Buyer will agree to accept responsibility for all activities that occur under their account or password.
4. Price and payment
The price of the goods shall be that stipulated on the website in GBP sterling.
The weight of the goods on the website is indicative only.
Many of the goods are handmade and as such weights and sizes may vary.
Prices are inclusive of VAT where applicable. VAT receipts are available on request. Our VAT No. is 144729890.
The Price does NOT include delivery charges. Although we try to ensure that all prices on the Montadito website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible and you can either accept the corrected price or cancel the order at no cost.
Please note that we cannot guarantee the security of any data sent by email. Accordingly, please do not send us payment information via e-mail.
Goods may vary in appearance from the images on the website. Images are for indicative purposes only.
The Montadito website and its content including all text, graphics, logos, button icons, images, data and software used in connection with the Montadito website, is our property or that of our suppliers and is protected by copyright, trademarks, database rights and other intellectual property rights.
6. Rights of the Seller
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
The Seller warrants that the Goods will at the time of dispatch correspond, as much as practicable, to the description given by the Seller.
Delivery times are for guidance and are not a guarantee.
For bulk orders to the same destination, please email or call for a quotation.
Delivery to certain parts of the British Isles including the Island and the Scottish Highlands is more complex and therefore delivery price and times may vary.
In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. The Seller cannot be held liable for any deterioration of perishable goods in the event of non-delivery. The seller reserves the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
9. Returns and Refunds
Please notify us via email to firstname.lastname@example.org within 24 hours of any dissatisfaction with your order. Please include any relevant photos to illustrate any defects or other problems.
10. Cancellation rights
In respect of perishable items such as cheese or charcuterie, you do not have the right to cancel the order unless it is within 2 hours of the order being placed.
In respect of non-perishable items in the order, you have the right to cancel either individual items or the entire portion of non-perishable items of the order up to 3 working days following the delivery of the goods by notifying us by e-mail. Non-perishable goods must be returned at the Buyer's expense to the Seller’s address within 10 working days from the date of the notification of the cancellation of the order. The Seller will refund Buyer using the Buyer’s original payment method with the retail price of the returned goods less £5 to cover administration costs. The Seller will issue such refund upon receipt of the returned goods in a re-saleable condition.
11. Warranty and liability
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our gross negligence, neither will any of these terms restrict any of your statutory rights.
In addition to clause 7 above, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war. Other than as set out above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
We expressly accept no liability as a result of a breach of our systems, which may result in any personal information we collect from our registered customers being obtained without our authorisation by way of a malicious third party attack.
The Buyer agrees it is their responsibility to order and consume our products with care and taking into consideration any existing health conditions they may have which could be triggered by any of our products or their ingredients. As such, the Seller accepts no responsibility or liability in situations where the Buyer experiences a reaction to our products, allergic or otherwise.
12. Changes to terms and conditions
The Seller shall be entitled to change these Terms and Conditions at any time.
13. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.