Terms & Conditions
The terms and conditions apply to the use of the midnightblue.coffee website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).
Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access this website.
If you have any queries relating to our terms and conditions, please contact us before placing an order.
Midnight Blue Coffee is a trading name of the following company: amamus limited, Sundial House, 98 High Street, Woking, GU21 4SU. Registered VAT number 312 8651 15. The following terms and conditions will apply between you and amamus ltd when you buy an item from midnightblue.coffee. The terms do not affect your statutory rights.
• You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian.
• You warrant that all details you provide to midnightblue.coffee for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
• amamus ltd reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
• you fail to make payment to us when due
• you breach any of our terms and conditions
• when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
• we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on midnightblue.coffee.
YOUR RESPONSIBILITIES IF YOU BREAK THESE CONDITIONS
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
• When placing an order, you agree that any and all information given is accurate and complete.
• All orders are subject to acceptance and product availability.
• All prices listed on midnightblue.coffee are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time.
• No contract for the sale of any product will exist between you and midnightblue.coffee until we accept your order by dispatching the product to you.
• You must check all the details on the confirmation email are correct and contact us as soon as possible if any details are incorrect.
• If your order has not been accepted, you will receive an email from us telling you the reasons why.
• Discount vouchers, codes and offers cannot be used on sale products.
• amamus ltd reserves the right to cancel any order if the product is no longer available. No compensation will be paid in such cases but customers will not be charged for any order or we will process a full refund if the payment has already been taken.
• We can only deliver to addresses in the United Kingdom. We aim to cover all areas with our service, but unfortunately there may be possibility of a slightly increased delivery time for certain harder to reach areas, including Northern Ireland, Isle of Man, Channel Islands, Isles of Scilly, the Scottish Highlands and Islands.
• The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order.
• In order to ensure the freshness of our coffee products, your order may not be dispatched for a few days if we need to roast a new batch of beans. If your order falls within a promotion, such as Christmas or Father’s Day, we will not dispatch your order until during the week before the event, ensuring your coffee arrives fresh
• All payments on midnightblue.coffee are made via Shopify. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
CANCELLING AN ORDER / RETURNS PROCEDURE
• Coffee is a perishable item, and as such we cannot offer a returns procedure. However, if your order arrives damaged then please contact us at email@example.com as soon as possible (and within 3 business days of delivery) and we will discuss options for a refund, or exchange where possible. An exchange may not always be possible, if for example the order has been part of a limited-edition roast, and this has now finished. You will be required to provide photographs of the damaged item or return the product, but we will discuss this with you first.
• If you have a dispute with Midnight Blue or amamus ltd, we will always try to sort things out if you contact us as soon as possible. We pride ourselves on our service and quality.
• We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
• If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on midnightblue.coffee is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product. You may re-order it if you wish. If you have already paid for the goods, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be required.
• In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order, we shall endeavour to make good any shortage or non-delivery, and refund you for any damaged or defective goods, provided that you notify us of the problem in writing within 3 working days of delivery of the goods. We will require photographic evidence or alternatively we may require you to return the goods to us and will advise you if this is necessary. There may be occasions when we cannot replicate your exact order, if for example the specific batch roast of beans has all been used. In this situation, we will provide you with a refund or alternative coffee if this is your preferred option. This provision does not affect your statutory rights.
• We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
• The products sold on midnightblue.coffee are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from midnightblue.coffee.
• We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
• We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
• To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
• We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
• Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
All rights, including copyright, in the content of the midnightblue.coffee web pages are owned or controlled by amamus ltd. In accessing midnightblue.coffee web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the midnightblue.coffee web pages for any other purpose whatsoever without the prior written permission of amamus ltd.
THIRD PARTY INFORMATION
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Midnight Blue products are those stated on midnightblue.coffee or amamus ltd material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what amamus ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.