Terms and Conditions


1. Definitions

"Web Site" is defined as the interactive on-line services operated by Steenbergs Limited ("Steenbergs") on the World Wide Web of the Internet at the urls, steenbergs.co.uksteenbergsorganic.net and oldhamletwineandspice.co.uk, and consisting of content and on-line shops provided by Steenbergs. "User" means each person who establishes or accesses a connection ("Account") for access to and use of Web Site.

2. General

(a) This Agreement sets forth the terms and conditions that apply to the use of Web Site by User. By using Web Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Web Site is personal to User's Account (under any screen name or password). User shall be responsible for protecting the confidentiality of User's password(s), if any. As a result, User is fully responsible for all actions undertaken under the password(s).

(b) Steenbergs shall have the right, at any time, to change or discontinue, temporarily or permanently, any aspect or feature of Web Site, including, but not limited to, content, the on-line store, hours of availability, and equipment needed for access or use.

3. Changed terms

Steenbergs shall have the right at any time to revise or modify the terms and conditions applicable to User's use of Web Site and sale of products on Web Site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately when posted to Web Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Web Site by User after such notice shall be deemed automatically to constitute acceptance by User of such changes, modifications or additions.

4. User conduct

(a) User shall use Web Site for lawful purposes only. User shall not post or transmit through Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without Steenbergs' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Steenbergs' absolute discretion restricts or inhibits any other User from using or enjoying Web Site will not be permitted. User shall not use Web Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other on-line or off-line food manufacturers, retailers or information services competitive with Web Site or Steenbergs.

(b) Web Site contains copyright material and other proprietary information, including, but not limited to, text, photos, layout, style and the entire contents of Web Site is owned by Steenbergs and is protected by copyright and trade mark laws. User may not copy, modify, reproduce, republish, transmit, distribute, or in any way exploit, any of the content, in whole or in part without the express written permission of Steenbergs and the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(c) User shall not upload, post or otherwise make available on Web Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

(d) The foregoing provisions of Section 4 are for the benefit of Steenbergs and it shall have the right to assert and enforce such provisions directly or on its own behalf.

5. The sale of products to you

(a) When you place an order to purchase a product from Web Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. We must receive payment for the whole of the price of the products you order, and the applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail do not form part of that contract.

(b) Please review our Returns Policy, which applies to products purchased from us. In addition to your 30 days "No Quibbles" returns right, you are entitled to a statutory cooling-off period of 7 business days. Details of this statutory right and an explanation of how to exercise it are provided to you in the dispatch confirmation e-mail and in the Returns Policy.

(c) We list availability information for products sold by us on Web Site. Beyond what we say in product information or otherwise on Web Site, we cannot be more specific about availability. If we have insufficient stock to supply or deliver the product ordered and paid for by you, we may (at our discretion) supply or deliver substituted product or refund you the price paid for such products as soon as possible and in any case within 30 days. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. In the unlikely event that you have not received the products within 21 days of the dispatch date, you must notify us immediately. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

(d) The underlying prices of most of our products varies on a daily basis. While we change our prices annually, we reserve the right to change the prices of products at any time without notice. Despite our best efforts, a small number of the many products in our catalogue may, therefore, be mispriced on Web Site. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. For more details, please review our Pricing and Availability policy and our Availability Guide, both of which apply to products ordered from us.

(e) When ordering goods from Web Site for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Web Site, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs Information below.

6. Children

Web Site services are not intended for use by or to be available to minors. Steenbergs does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Web Site only with the involvement of a parent or guardian.

7. Emails

When you visit Web Site or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Web Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

8. Losses

(a) If you have notified us of a problem with the products, we will either make good any shortage or non-delivery, or replace or repair any products that are damaged or defective upon delivery or refund you the amount paid by you for the goods in question. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, disappointment, administrative inconvenience, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Web Site or when a contract for the sale of goods by us to you was formed. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation nor does it in any way limit our liability by law for death or personal injury caused from our negligence or breach of duty.

(b) We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control (including without limitation strikes, lockouts and other industrial disputes). This condition does not affect your statutory rights.

(c) If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

(d) This web site may be linked to or from other web sites that are not maintained by Steenbergs. While Steenbergs attempts to ensure that each of these links is appropriate for its Users, it does not endorse linked web sites nor does it control in any respect any information, products or services offered by such other web sites and shall not be responsible for the content of such other web sites. For example, User may be able to buy goods or services via Web Site, some of which may be through third party retailers who link to the web site. User may also enter into correspondence with or participate in promotions of advertisers on Web Site. Any such transactions, dealings, correspondence with or payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between corresponding User and the third party. Steenbergs assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

9. Indemnification

User agrees to defend, indemnify and hold harmless Steenbergs, its directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of Web Site by User or User's Account.

10. Termination

Either Steenbergs or User may terminate this Agreement at any time. Without limiting the foregoing, Steenbergs shall have the right immediately to terminate User's Account in the event of any conduct by User which Steenbergs, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 4(b), 4(c), 4(d), 5, 8, 9 and this Section 10 shall survive termination of this Agreement.

11. Trademarks 

Steenbergs, Old Hamlet Wine & Spice Co and Ingredientia are trademarks of Steenbergs. All rights are therefore reserved. All other trademarks appearing on Web Site are the property of their respective owners.

12. Miscellaneous

This Agreement and any operating rules for Web Site established by Steenbergs constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written oral agreements between the parties with respect to such subject matter. This Agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Steenbergs' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed by Steenbergs in writing. The section headings used herein are for convenience only and shall not be given any legal import.