AMERICAN FOOD MART TERMS AND CONDITIONS (T&Cs)

Welcome to American Food Mart (Food Mill Limited’s) Terms & Conditions.

USE OF WEBSITE

REGISTRATION:

To Register with americanfoodmart.co.uk and purchase products from our website you must;

• be 18 years of age and over
• ensure that all details provided by you on registration or at any other time are correct and complete
• inform us immediately of any changes to the information provided when registering by updating your personal details
• give us your real company name, address, phone number, email address and any other details requested to process your order

We reserve the right to:

• decline a new customer registration or suspend a customer at any time at our discretion
• terminate your access to all or part of the services with or without notice
• discontinue all or part of the website with or without notice

AMENDMENTS

We reserve the right to change the website and update these Terms and Conditions from time to time and publish the updated version. Please check prior to using our site or placing an order, for any changes and that you understand the applicable Terms and Conditions. If you do not agree with any of the revised Terms and Conditions please do not order from us or continue to use our website. If you continue to use our website or place subsequent orders then you are agreeing to the new Terms and Conditions.

AVAILABILITY

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. A full refund will be given when the products have already been paid for.

Although we will always try to cater for your orders, an order of large quantities of an item can only be fulfilled at the discretion of the Warehouse. For example, if you were to make an order of 20 boxes of a given sauce, which would use up all the warehouse stock, the warehouse may only dispatch 10 boxes and a refund we will be given for the other 10 sauces.

PRICING, DESCRIPTIONS AND PRODUCT INFORMATION

Pricing

The price of each product is displayed on our website at the time of placing the order (plus a delivery charge). Our website has large number of products and despite all of our efforts it is always possible that a listed product could be priced wrongly. If the correct price of the product is higher than the price stated on the website, then we are under no obligation to supply the product at this price. Should this be the case then you will be advised as soon as possible and given the option to reconfirm the order at the correct price or cancel it? Should we be unable to contact you then the order will be treated as cancelled.

 All prices are shown in Great British Pound (GDP, £) and can not be converted into different other currencies. 

Description and Product Information

We take all reasonable care to ensure that all prices, details, descriptions and product information appearing on the website are correct at the time being inputted onto the system, but the information appearing on the website at any given time may not reflect the exact information at the time of placing the information.

Please be aware that the appearance and colours of our products may vary slightly from the appearance given on the site and we cannot guarantee that the product on delivery will reflect its appearance on your monitor. All sizes, measurements and dimensions are approximates and every effort has been taken to ensure that they are as accurate as possible.

ERRORS AND OMISSIONS EXCEPTED

Due to the fast nature of the food and groceries industry, we cannot be held responsible for small inaccuracies and negligible variations in product descriptions and images. This includes images that vary in appearance, shape or colour to the image displayed or any form of description with negligible inaccuracies in descriptions, spellings, serving sizes or weights.

American Food Mart determines “negligible” to mean:

• in regard to descriptions: slight typographical mistakes or missing words that would otherwise be assumed.
• in regard to images: different packaging designs such as new and updated packaging, different colours, and variation in logos, offers and layouts.
• in regard to weights: up to 10% deviation between the weight listed and the weight provided.

PLACING AN ORDER AND ACCEPTANCE

By placing an order with us you are opting to buy from us and a contract is only formed once the order has been dispatched. At any point until then, we may decline the order and the supply of the goods. The order acknowledgement email and order number confirm your order with us and our acceptance of your order. 

Delivery Notes

Please advise that we may not be able to cater to all delivery notes that our left in the checkout section as this can also be missed by the warehouse team. We do require all customers to communicate with us by giving us a call to with regards to their delivery note. If we are able to fulfil your request we will advise the warehouse team. 

PAYMENT

Here are the following payments we accept:

• Visa
• PayPal
• MasterCard
• Maestro

When making payments online, your name, address and other personal information supplied during the placing of an order will be validated using a third-party database to ensure that the card is not being used without the card holders consent. By agreeing to these terms and conditions you are giving consent to such checks being carried out.

All products ordered will remain the property of AFM until payment has been received in full. 

DELIVERY

Handling Times

We usually require 1-3 working days to process your order and get it ready to be sent out. However, during our busiest times it can take us between 3-5 working days (e.g. Summer Holidays, Black Friday & Christmas). Once your order has been sent out, you’ll receive a notification of your order being fulfilled and completed on our end ready to be dispatch via email from us. For any delivery inquiries please send us an email at sales@americanfoodmart.co.uk or call us at 01908 803 346. 

Delivery Options (UK Mainland Delivery)

American Food Mart offers standard delivery through Royal Mail / Parcel Force / Amazon Shipping 24 (1-3 working days delivery service). For Next Day Delivery, orders placed before 1pm will be dispatched the next day for delivery, for Orders placed after 1pm, order will be dispatched the following working day and should be delivered within 1 working day.

Our free delivery over £39.99 (excl. Shipping) offer is only available to mainland UK delivery addresses. We do not offer free shipping outside of the United Kingdom. Our free shipping offer only covers the cost of 1 parcel, up to 25kg in weight. If your order is large enough that it needs to be sent in multiple parcels, you may be asked to pay £5.00 for each additional parcel.

Please note that our operations do not take place on bank holidays. Therefore, we will be unable to dispatch your parcel until we resume operations on the next working day following the bank holiday. 

If your order does not arrive within these time frames, please let us know at sales@americanfoodmart.co.uk

UK Excluding Highlands & Islands Mainland

These areas are defined as mainland England (including Isle of Wight) and Wales and parts of Scotland. Orders as usually delivered within 3-5 working days of placing an order, but at times due to unforeseen circumstances this may not be the case. 

International Shipping

We are currently not processing International delivery. When we do, it will normally take 15 – 30 days to reach the destination country. It is the customers responsibility to check if the parcel is allowed into the country. Please be aware we are not responsible for customs fees and if rejected by customs we are not liable for the shipping fees; only the product content amount will be refunded back to the customer. 

EXPIRY DATES

We are not required to notify customers about the proximity of a product’s expiration date unless requested by such. Nonetheless, we voluntarily display such information on our product titles and strive to notify customers via email whenever possible. Furthermore, we are not legally required to discount the prices of our products nearing their best-before date. Even though it isn’t mandatory by law, we choose to offer discounts and promotions on said products to enhance customer satisfaction with the product.

Format

Due to the nature of the majority of our products (which are imported from America & Canada), the expiry date format is expected to be MM/DD/YY, in contrast to the classic DD/MM/YY. Furthermore, some items such as drinks and sweets, may have expiry date codes. To understand these codes, we encourage you to visit the brand’s official website, where you can find detailed clarifications.

RETURNS, REFUNDS, CANCELLATIONS AND DAMAGED OR INCORRECT GOODS

If you have changed your mind about an order, you have the right to cancel it. Cancellation of an order can be made prior to the order being dispatched and full responsibility for the cancellation remains with you until we have been informed.

Any orders of over £150 will be treated as wholesale orders and will be subject to a cancellation fee, to cover transaction costs.

We take great care to ensure that all of our products arrive in perfect condition, however, if for any reason you would like to return some or all of your non-perishable goods then you are entitled to do so, and we would be happy to refund or replace the items for you. Unfortunately, due to the shorter life span, perishable goods cannot be returned or replaced. In the event that you do wish to return any part of your order due to shortages, damages or errors in your order, we must be notified by either email or phone within 48 hours of receiving the shipment.

We ask that photos be taken of any damaged goods and a note written on the delivery slip confirming this. In this case, the necessary arrangements will be made to have the goods returned to us and on inspection, a refund or a replacement will be arranged where applicable and a refund will be made using the same payment method that was used when purchasing the products. Please note that shipping fees will not be refunded for refused orders.  

We shall not be liable for any further claims for loss from or in conjunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise. Nothing in our returns policy affects your statutory rights.

HEAT DAMAGED ITEMS

Please note that in summer months there is some risk that chocolate or other heat-sensitive candies will arrive melted. Unfortunately, we cannot control the temperature and conditions the products are exposed to once they leave our fulfilment centre. Delivery trucks can get very hot in the summer months and chocolate is bound to melt. These items will return to their normal state if they are allowed to cool or placed in the fridge. We do not consider these items defective or damaged and our returns policy does not apply to them.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in the performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Event“).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lockouts or other industrial action.
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or another natural disaster.
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• impossibility of the use of public or private telecommunications networks.
• the acts, decrees, legislation, regulations or restrictions of any government; or
• non-performance by suppliers or subcontractors.

SPECIAL OFFERS AND PROMOTIONS

From time to time, we may advertise special offers and promotions on the website. These offers are subject to availability, while stocks last and the instructions of the offer form part of the Terms and Conditions. All offers can be altered or removed at any time without any prior notice, but any order placed before the offer has come to its end, before being removed or altered shall be honoured. We reserve the right to change offers dependent on the customer and different market sectors. All coupons provided by us will only apply to full-priced items, not sale items.  At certain times, promotional offers may allow for a reduced or free delivery option, but this can be removed at any time.

Collection of Too Good To Go Boxes

Please be advised that any purchased Too Good To Go boxes may include past best-before products that are in our clearance section. We are obliged to sell past best-before products and make sure that this is visible in the product title section so customers are aware of the date. We have also taken extra steps to inform customers before they purchase our Too Good To Go boxes on the app in our profile section.

All sale products within the Clearance & Penny Deals category are not refundable or exchangeable. 

WARRANTY & LIABILITIES

Whilst every care is taken to deliver your order, we cannot be liable for any indirect or consequential loss, damage or loss of profit arising from our supply. We will not be responsible for any breach of these Terms & Conditions as a result of any circumstances beyond our control, 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. Our entire liability to you in connection with any order will not exceed the total price charged for the relevant goods and delivery charges in that order.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. Nothing in these Terms and Conditions will restrict our liability to you for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty. Nothing in these Terms and Conditions affect any of your statutory rights.

CONTACT

Please contact us through our contact form on the contact us page or by e-mailing us at sales@americanfoodmart.co.uk. If you have not received a reply in 5 working days, please contact 01908 803 346. 

LINKS

We may provide or third parties may provide links to other websites. We have no control over and shall not be held liable for any content found on such sites, you agree to the information and links to the third party websites being provided solely for your convenience. If you do decide to access to the third party websites through the links, you do so at your own risk.

WEBSITE AVAILABILITY & IMAGES

While we take every care to ensure that the website is available 24 hours a day, we may undergo some web construction so we do apologise for any inconvenience in advance. 

All the images on the website are property of American Food Mart and downloading of any images is prohibited. At any given time the product images on the website may be different to the current product packaging. This may be due to changes in the packaging, the price mark or other aspects of the packaging, which are out of our hands. We will do our best to change the images where necessary, but will not be held liable for any reason where this has not been achieved.

GENERAL

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that ActE30