General Terms
By using this website or placing an order with us, either in our stores, by telephone or through our website and associated sites you agree to be bound by these terms and conditions. Please read them carefully as they contain important information.
This site is owned and operated by The Social Market Ltd of 3 Otterburn Avenue, Newcastle upon Tyne, NE3 4RR, trading as The French Quarter at Arch 6 Westgate Road, Newcastle upon Tyne, NE1 1SA. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@frenchquarternewcastle.co.uk or 0191 222 0156.
Conditions of Sale
1.0 The Contract Between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2.0 Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3.0 Availability
All orders are subject to acceptance and availability. Vintages may vary from those shown. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
4.0 Ordering Errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
5.0 Price
5.1 The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information but may be subject to change.
5.2 Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by e-mail, and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state in the e-mail the period for which the offer or the price remains valid.
5.3 The Social Market Ltd reserve the right not to sell products if they have been priced incorrectly.
6.0 Payment Terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
7.0 Delivery Charges
Delivery charges vary according to the type of goods ordered.
8.0 Delivery
8.1 Our delivery charges are set out …………… (specify where) in our website.
8.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
8.3 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
8.4 Unless otherwise agreed with you, we will deliver all products as close to the delivery date requested by you as reasonably possible.
8.5 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date or offer you a full refund.
8.6 As many of our products are perishable it is always best if someone is available to receive the delivery, however you can arrange for the couriers to leave the goods in a safe place if you are not going to be in. If you have any questions or issues with your delivery, it is best in the first instance to contact us. We cannot take responsibility for any changes you make to your delivery through the courier company.
8.7 If delivery is delayed, we or the courier company will contact you to let you know and we will attempt to minimise the effect of the delay. Provided we do this and the delay is caused by events outside of our control we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products paid for but not received.
8.8 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 destruction.
9.0 Risk and Ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier, then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered and payment received in full.
10.0 Returns Policy
10.1 We take great pride in the quality of our products and they should arrive to you in the best possible condition. If you are not satisfied with a product and it is in an unopened, undamaged and in re-saleable condition, please contact us immediately and we will consider swapping it for something else. We regret that you may have to incur the postage charge to get the product back to us. Proof of purchase must be shown, and all within 28 days of purchase.
10.2 If you receive the wrong product in an order, please contact us immediately and we will organise a refund or replacement.
10.3 If your order is damaged or a wine is corked, please contact us immediately and we will organise a refund. We may request the return of the damaged product before a refund is given in order to assess the situation.
11.0 Your Right to Make Changes
If you wish to make a change to the product you have ordered, please contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of your order, the timing of your delivery or anything else that would be affected as a result of your requested change and ask you to confirm if you wish to go ahead with the change.
12.0 Cancellation Rights
12.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 for some products bought online or over the telephone you have the legal right to change your mind and cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items or perishable goods).
12.2 Where you do have the right to cancel and you wish to do so, you simply need to let us know you have decided to cancel either by telephone 0191 222 0156 or by email info@frenchquarternewcastle.co.uk.
12.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
12.4 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days. We will refund you on the credit or debit card used by you to pay. If you used vouchers to pay for the product, we may refund you in vouchers.
12.5 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or sampling the goods prior to cancellation).
13.0 Cancellation by Us
13.1 We reserve the right not to process your order if:
13.1.1 we have insufficient stock to deliver the goods you have ordered;
13.1.2 we do not deliver to your area; or
13.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
13.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
14.0 Liability
14.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 8), we will provide you with a full refund.
14.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
14.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
14.4 You must 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.
14.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Consumer Rights Act 2015) relating to faulty and/or misdescribed goods.
15.0 Date Changes
The French Quarter Restaurant reserves the right to change the date of or cancel an event or booking at any time and will give as much notice as practically possible and offer alternatives dates where possible.
Terms
16.0 Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to The Social Market Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
17.0 Accuracy of Content
We do not guarantee that our website or any content on it, will be free from errors or omissions. We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. Products and their packaging may vary slightly from their pictures. The images on our website are for illustrative purposes only.
18.0 Damage to Your Computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
19.0 Links
The website may contain links to other sites. We take care in providing links to sites that share our high standards. The Social Market Ltd shall not be held responsible for the content, security, availability and privacy practices used by linked sites.
20.0 User Accounts
If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
21.0 Indemnification by Users
Users of this website agree to indemnify, defend and hold the website operators, directors, employees and business partners harmless from any loss, liability, claim, demand, damage or expense asserted by any third party relating to a visitors use of this website or breach of these terms of use.
22.0 Limitation of Liabilites
The operators of this website will not be liable to users or any third party for any damages whatsoever, whether direct, indirect, incidental or consequential relating to or arising out of a visitors use of this website.
23.0 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 3 Otterburn Avenue, Newcastle upon Tyne, NE3 4RR and all notices from us to you will be displayed on our website from time to time.
24.0 Changes to Legal Notices
We reserve the right to change, modify, add or remove any portion of these terms and conditions in whole or in part from time to time and you should look through them as often as possible.
25.0 Law, Jurisdiction and Language
This website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
26.0 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.
27.0 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
28.0 Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.