Terms and Conditions of Sale

This page, together with our Privacy Policy and Website Terms of Use, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These terms are intended to apply to sales to non-commercial customers only – i.e the final consumer. If you are a business customer purchasing products for commercial or resale purposes please contact us as sales@calbee.co.uk or phone 0330 660 0015.

These Terms will apply to any contract between us for the sale of Products to you (Contract). 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 paragraph 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which apply at that time. [These Terms were most recently updated on 8 July 2015]

These Terms, and any Contract between us, are only in the English language.

1 INFORMATION ABOUT US

1.1 We operate the website www.yushoi.co.uk. We are Calbee (UK) Limited, a company registered in England and Wales under company number 08949175 and with our registered office at 1200 Century Way, Thorpe Park Business Park, Leeds, West Yorkshire, LS15 8ZA. Our main trading address is [1200 Century Way, Thorpe Park Business Park, Leeds, West Yorkshire, LS15 8ZA]. Our VAT number is [197 7620 58].

1.2 If you wish to contact us, including because you have any complaints, you can contact us by telephoning our consumer care team on Freephone 0808 1471411 (UK) or 1800 936542 (Republic of Ireland) (Calls from landlines are free – mobile charges will vary), or emailing our consumer care team at info@calbee.co.uk, or writing to Calbee (UK) Consumer Care Team, PO Box 27, Nostell, Wakefield, WF4 1WG.

1.3 To cancel a Contract in accordance with your legal right to do so as set out at paragraph 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the [cancellation form] on our site. A link to the cancellation form will also be included in our Dispatch Confirmation. If you use this method we will email you to confirm when we have received your cancellation. You can also contact us by email, telephone or post using our contact details set out in paragraph 1.2 above. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, your cancellation will be effective from the date you send us the email or post the letter to us. If we have to contact you, or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

2 OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Your Products may vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on our site.

3 USE OF OUR SITE

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

 

4 HOW WE USE YOUR PERSONAL INFORMATION

We will 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.

5 YOUR STATUS

You may only purchase Products from our site if you are at least 18 years old.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our site 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 stage of the order process.

5.2 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 paragraph 5.3

5.3 We will confirm our acceptance of your order to you by sending you an email that confirms the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

5.4 All Products are offered for sale subject to availability. We will inform you as soon as possible if any Products you have ordered are not available, and we will not process your order for those Products. You will have the option to wait until the Products are available, or to cancel your order. If you have already paid for the Products, we will you refund the full amount you have paid for those Products (including any delivery costs charged) as soon as possible.

5.5 We do not file details of your order for you to access, and you should therefore save or print a copy of these Terms.

6 OUR RIGHT TO VARY THESE TERMS 

6.1 We amend these Terms from time to time. [Please look at the top of this page to see when these Terms were last updated.

6.2 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.

6.3 We may revise the Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we 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

7 YOUR CONSUMER RIGHT OF RETURN AND REFUND 

7.1 You have a legal right to cancel a Contract during the period set out below in paragraph 8.2. 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 Product, you can notify us of your decision to cancel the Contract 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. However, this cancellation right does not apply in the case of any Products that have been opened or unsealed and the contents inside the packaging are exposed to the atmosphere.

7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. You then have 14 days after the day on which you received the Products to cancel the Contract.

7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. A link to the cancellation form will be included in our Dispatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also email us at [info@calbee.co.uk] or contact our consumer care team by telephone on [Freephone 0808 1471411 (UK) or 1800 936542 (Republic of Ireland) (calls from landlines are free – mobile charges will vary)] or by post to Calbee (UK) Consumer Care Team, PO Box 27, Nostell, Wakefield, WF4 1WG. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, your cancellation is effective from the date you send us the email 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 email us before midnight on that day.

7.4 If a Product has been delivered to you before you decide to cancel your Contract in accordance with paragraph 8.3:
7.4.1 you must return it to us to Calbee (UK) Consumer Care Team, PO Box 27, Nostell, Wakefield, WF4 1WG 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; and
7.4.2 unless the Product is faulty or not as described (in this case, see paragraph 8.7 below), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that these costs should be similar to the sums we charged you for delivery if you use the carrier which delivered the Product to you. However, you should check the delivery costs with your carrier.

7.5 If you cancel your Contract we will:
7.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products if this has been caused by your handling of the Products and your handling goes beyond what is necessary to establish the nature, characteristics and functioning of the Products. [If we refund you the price paid before we are able to inspect the Products and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.] 
7.5.2 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). 

7.6 If you cancel your Contract we will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
7.6.1 if you have received the Product (or it has been dispatched to you) and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
7.6.2 if you have not received the Product (and it has not been dispatched to you) 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.

7.7 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.8 We will refund you on the credit card or debit card used by you to pay for the Products. 

7.9 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this paragraph 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8 DELIVERY 

8.1 We will contact you with an estimated delivery date, which will be within [30] days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See paragraph 14 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 returned to our premises, in which case, please contact us to rearrange deliver.

8.2 On delivery of the Products to you [or collection of the Products by you (as the case may be)], the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not then be responsible for any damage or fault arising from any incorrect storage or handling by you or any third party.

8.3 You own the Products once we have received payment in full, including all applicable delivery charges.

8.4 If we miss the [30] day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
8.4.1 we have refused to deliver the Products;
8.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under paragraph 9.5, 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.

8.6 If you choose to cancel your order for late delivery under paragraph 9.5 or paragraph 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them 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 Products and their delivery.

8.7 Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

9 PRICE

9.1 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 paragraph 10.5 for what happens if we discover an error in the price of Products you have ordered.

9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

9.3 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.

9.4 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.

9.5 Our site contains a large number of Products. It is always possible that, despite our best 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 the order. If we are unable to contact you or you do not wish to continue with your order at the correct price, we will cancel your order and refund the price you have paid (including any delivery charges). Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

9.6 From time to time we may apply promotional prices to Products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotional code when you order the Products (where applicable). We may update promotions at any time.

10 PAYMENT

10.1 The methods of payments are confirmd on Calbee’s shopping pages before an order is placed.

10.2 Payment for the Products and all applicable delivery charges is in advance. By clicking the ‘PAY NOW’ button at the check-out of our site you are committing to your order and payment will be taken immediately from your credit or debit card.

OUR LIABILITY
10.3 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 the Contract.

10.4 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. 

10.5 We do not in any way exclude or limit our liability for:
10.5.1 death or personal injury caused by our negligence;
10.5.2 fraud or fraudulent misrepresentation;
10.5.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 
10.5.4 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); 
10.5.5 defective products under the Consumer Protection Act 1987; and
10.5.6 any other liability which cannot be excluded or limited under English law.

11 EVENTS OUTSIDE OUR CONTROL 

11.1 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 paragraph 14.2.

11.2 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 of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, 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, or default of suppliers or subcontractors.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 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.

11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] consecutive 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.

12 COMMUNICATIONS BETWEEN US 

When we refer to "in writing" in these Terms, this will include e-mail. You can contact us as described in paragraph 1.2.

13 OTHER IMPORTANT TERMS 

13.1 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 use reasonable endeavours to notify you of any such change. 

13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our warranty in paragraph 12 to the recipient of the gift without needing to ask our consent (provided that we will not need the consent of the recipient of the gift to cancel or make any changes to these Terms).

13.3 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.

13.4 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.

13.5 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 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.