1.1 We are PJ Martinelli Ltd, 25 Central Markets, Smithfield, London, EC1A 9PS (Company no. 2102387, VAT registration no.480919030). All other contact details are specified on our website.
1.2 We own and operate this website.
1.3 These terms and conditions comprise a contract between you and us governing the use of this website. If you are a consumer your statutory rights are not affected by this agreement.
1.4 Headings within these terms and conditions are for your information only and are not binding.
1.5 We may update these terms and conditions from time to time, and if this happens you will be notified via the email address provided upon registration or through a suitable announcement placed on our website. The changes will apply to the use of the website after we have given notice. If you do not wish to accept the new terms and conditions you should not continue to use the site. Your use of the website after the date on which the term comes into effect indicates your agreement to be bound by the new terms and conditions.
2.1 You must be 18 years to register on this website. You must supply use with the correct information on registration and promptly notify us of any changes.
2.2 We may at our discretion suspend or terminate your registration or use of this site without notice and without giving reasons.
3. Your Order
3.1 Please check your order carefully to ensure it is correct. You agree to supply us with correct information on registration and promptly notify us of any changes. You may submit orders for products by using our online ordering facility on the Website at any time after you have registered a user account.
3.2 Each product for which you click ‘Add to basket’ is added to the shopping basket facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to ‘check out and deliver’. You can change these, or cancel the purchase of each of the products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered and a delivery charge will be added if applicable. The Website allows you to review all the products that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the website. You can do this by clicking on ‘my deliveries’ whenever you are logged in.
3.3 You acknowledge that you are over 18 years and have carefully read and accepted the price (including delivery charge), description and other information concerning the goods ordered.
4.1 We reserve the right not to accept your order and your credit card will not be charged until despatch.
5. Information on this website
5.1 Whilst we make the utmost effort to ensure accurate and reliable information, we cannot guarantee the accuracy of all the information on this website.
5.2 If you inform us of any inaccuracies on the website we will attempt to correct them as soon as we reasonably can.
6. Payment and Price
6.1 Payment is by credit card on our website. Your order will only be processed if your card is authorised. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these terms and conditions.
6.2 The price for the goods you order is stated on our website. VAT is included unless stated otherwise. The price of goods may be changed at any time unless your order has been accepted (see below)
6.3 Delivery is free for orders within the M25 orbital. Deliveries will be dispatched from our offices located at: West Market Building, 25 London Central Markets, London, EC1A 9PS.
6.4 All prices on this website are quoted in pounds sterling (GDP)
7. Unavailability and substitutions
7.1 Where we accept an offer we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. We cannot be held responsible if any goods are unavailable due to circumstances beyond our reasonable control. If so you will be notified as soon as possible and offered any alternatives if available. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged for it, or, if you have paid already, we will refund you the price.
8.1 Delivery will be made to the address which you specify when ordering. Please note that our online delivery service is limited to customers within the M25 orbital. However, customers outside of this area are still welcome to make an order: when placing your order you will be asked to confirm whether the delivery address is within the M25 orbital. If the answer is ‘No’ you will be directed to a page that will explain contact details for customers placing an order outside the radius specified. Please note that such orders will be subject to a delivery charge considered appropriate in relation to the individual order and as such we can only specify this amount at the time the order is placed.
a) Delivery is free for orders that amount to a value of £50 or more and are within the M25 orbital. Orders below £50 in value will be subject to a £10 delivery charge. You are able to request express delivery (meaning that the parcel will be delivered on the next working day) at a cost of £10. A next day delivery for an order under £50 will therefore cost £20 (£10 for next day and £10 standard delivery charge for orders under £50).
b) You will be asked to input a choice of delivery time as part of the customer details page that is filled out to place an order. We will contact you to arrange or confirm delivery. You agree that you will be present to receive the delivery during the timeslot you specify. If in any event you are not present at the time of delivery, you agree that we will leave the parcel in a location specified by you on the customer details page referred to above.
c) You must be present to receive the delivery during the timeslot which you specify. If no one is at home, and no specification has been made as to where to deliver the parcel as been made:
8.2 We will instruct the courier to leave the parcel in a safe place if no one is at home. This is not a guarantee that the parcel will be left. The courier may in any event choose to return the parcel to the depot, in which case you will need to rearrange delivery by contacting us through the details found on our website. If no one is at home and the parcel is left in a safe place then this delivery is considered to be fulfilled.
8.3 Please note that we do not make deliveries on Saturdays and Sundays. The information contained in this section applies only to customers within the M25 orbital.
8.4 You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective products.
9.1 Under our HACCP plan, which we are required to use in accordance with our EU licence, our driver will check the temperature of the products both before and after the delivery.
9.2 These figures will then be checked to make sure they conform to the correct temperature required for that product. You are entitled to be informed of these temperatures if you wish.
10.1 Property (ie ownership) shall not pass to you before we have received cleared payment.
11. Data Protection
12.1 This section (and any other clause excluding liability) applies to our directors, officers, employees, subcontractors and agents as well as to us. Nothing in this agreement limits in any way or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
12.2 Without prejudice to the rest of these terms and conditions our liability of any kind including breach of contract, tort (including negligence) or otherwise with respect to this website or any goods purchased via this website shall be limited to the amount of any order to which this claim relates.
12.3 In no event (including our own negligence) will we be liable for any:
a) Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) Loss of goodwill or reputation:
c) Special, indirect or consequential losses: or
d) Damage to or loss of data (even if we have been advised of the possibility of such losses) with respect to this website.
13.1 These terms and conditions constitute the entire agreement between you and us in connection with the use of this website. Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such a right or provision. If any of this agreement is deemed ineffective for any reason, the remainder shall continue in full force.
14.1 Any complaint regarding the condition of the product on delivery must be received within 12 hours of the delivery being made.
14.2 Any complaint in relation to quality must be by writing or email within 48 hours of delivery.
15. Your Statutory Rights
15.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). Nothing in these terms affects your statutory rights.