Terms & Conditions
Billy Franks Ltd
WEBSITE TERMS & CONDITIONS
In these terms and conditions, "we" "us" and "our" refers to Billy Franks Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
OUR WEBSITE SERVICES
All prices are in Great British Pounds (GBP) and are exclusive of VAT. We endeavour to ensure that our price list is current. If you have placed an order, we reserve the right to cancel your order should our prices change.
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. The images credited to Tom Bowles are copyright.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
Packaging and postage is an inclusive charge.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within seven days. If we have not responded to you within seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
We undertake to reimburse you fully should you be dissatisfied with the product or for any product delivered to you that is in a damaged condition. If you wish to return a damaged product, you must notify us through our designated "contact us" webpage.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
INTELLECTUAL PROPERTY RIGHTS
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
LIMITATION OF LIABILITY
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than Thirty days, we may terminate this Agreement by giving at least Seven Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Billy Franks Jerky Club subscriptions may be ordered by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" button on the checkout page.
Your order constitutes an offer to Billy Franks to buy a box subscription or product. All orders are subject to acceptance by Billy Franks. Billy Franks is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Billy Franks accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
By subscribing to Billy Franks Jerky Club you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with the cancellation details below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
As part of the recurring subscription service, following the initial order, you are able to log on to your account to make any amendments to your order up to five days prior to the recurring order date including swapping flavours chosen in the initial order, skipping an upcoming order, amending recurring order frequency and resuming delivery of your subscription.
Gift subscriptions do not automatically renew.
Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because Billy Franks makes its stock fresh or for other reasons beyond our control it is possible that orders may be delivered more than 7 days after the recurring order date.
CANCELLATION POLICY FOR BILLY FRANKS JERKY CLUB
Cancelling your subscription is easy. You just need to go to your account area and follow these steps(This must be arranged by midnight three days prior to the recurring order date before the following week's delivery):
- Log in on the Billy Franks website
- Click on Jerky Club in the main menu
- Click on manage my subscription in the drop down menu
- Click on manage at the top right hand side of the Recurring Orders menu
- Click on delete order in the drop down menu
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Any cancellations need to be done five days prior to the recurring order date to prevent charges for the following period. To cancel your subscription at any time, you must log on to your account or email us at firstname.lastname@example.org and we will do it for you. If you cancel, you may use your subscription until the end of the then-current period if it is within the five day window or after your recurring order date. Billy Franks may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.
The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Consumer Rights and Cancellation below).
CONSUMER RIGHTS & CANCELLATION
You may cancel your first order and receive a refund at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the Billy Franks refunds policy.
Each Billy Franks Jerky Club subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a subscription and receive a refund within fourteen days of receiving your first monthly box. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
To cancel your order, you must inform Billy Franks by email, giving us your name, address and order reference. You must return the products to Billy Franks within 14 days of notifying us of the cancellation in the same condition in which you receive them and at your own cost and risk. Billy Franks has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.