Terms and Conditions For the Sale of Goods
1. THESE TERMS
1.1. What these terms cover. These are the terms and
conditions on which we supply and deliver products which you have ordered ('the
products').
1.2. Why you should read them. Please read these
terms carefully before you submit your Order to us. These terms tell you who we
are, how we will provide the products to you, how you and we may change or end
the contract, what to do if there is a problem and other important information.
If you think that there is a mistake in these terms, please contact us to
discuss.
1.3 In addition to these terms and conditions
for the sale of goods each offer and promotion we may run may have specific
terms and conditions which can be found separately on the Offers and
Promotions terms and conditions page. These additional
terms and conditions also form part of any contract we have with you for the
sale of goods and acceptance of these terms and conditions shall also include
those and vice versa.
1.4 General Promotional conditions.
Promotional codes or vouchers are issued for specific promotions and product
channels. They may not be redeemed against any product, product group,
product channel or account or dates except those for which they are
specifically intended. Promotional codes (even nominal currency values)
from the Best of Local shop may not be carried over to the Daily Essentials
shop or vice versa. The Company reserves the right not to recognise a
promotional code or voucher or to end or amend any promotion including to move
the end date forward earlier than the date stated on the promotional literature
or display.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Creamline Dairies Ltd, a
company registered in England and Wales. Our company registration number is
396381 and our registered office is at Mellors Road, Trafford Park, Manchester,
M17 1PB. Our registered VAT number is GB 476 0483 73.
2.2. How to contact us. You can contact us by
telephoning our customer service team at (0161) 873 0300 or by writing to us at
our registered office address above or by email at [email protected].
2.3. How we may contact you. If we have to contact
you, we will do so by telephone or by writing to you at the email address or
postal address you provided to us in your Order.
3. These are the definitions which we use throughout
the document. When we use:
3.1. "Best of Local", we mean any of the
products sold through the Best of Local selection on our website;
3.2. "Daily Essentials", we mean any of
the products sold through the Daily Essentials selection on our website;
3.3. "Delivery Calendar", we mean the
calendar in the Your Account section of our website which details the Orders
you have placed and, as part of this, what products will be delivered to you on
what dates and for what price;
3.4. "Order", we mean the selection of
products you have requested for delivery on a specific day or date.
3.5. "Roundsperson", we mean our
employee who is responsible for delivering your Order to your house.
3.6. "Writing" includes emails. When we
use the words "writing" or "written" in these terms, this
includes emails.
4. OUR CONTRACT WITH YOU
4.1. You create your Order with us by using our
website. You request your Order by choosing on which days you will receive a
product and clicking 'add to my delivery'. Unless you select 'one off
delivery', we will assume that you will want your Order delivering on each day
selected, recurring at the frequency selected until you tell us that you do not
want to receive that Order any more (or until you change the Order). You can
amend your Order request up until the point at which we accept it by altering
the quantity or type of products in your Delivery Calendar.
4.2. Your Order request can be a one-off or a
regular delivery recurring weekly, fortnightly or 4 weekly. You can place a
one-time Order request for any available date using our website and this will
show on your Delivery Calendar. You can also arrange for a regular delivery by
requesting specific products be delivered to you in a particular pattern e.g.
every week, fortnight or 4 weekly, on a Monday, Wednesday and Friday. Regular
deliveries can be varied whenever required or paused to take into account
holidays or other times when you may not require a delivery. You can amend your
Order until we accept your Order as described at 4.3.
4.3. How we will accept your Order request. Our
acceptance of your Order request for our Best of Local products will take place
at 5pm, 3 days before the day of delivery. At this point a contract between us
for that Order on that day will come into being. Your payment will be taken at
that time from the card details you provided us when you requested your Order.
Our acceptance of your Order for our Daily Essentials products will take place
at 9 p.m. two days before it is delivered. At this point a contract between us
for that Order on that day will come into being. Your payment will become due
as described in clause 13.
4.4. If we cannot accept your Order request. If we
are unable to accept your Order request, we will inform you of this and will
not charge you for the product(s). This might be because the product(s) are out
of stock, because of unexpected limits on our resources which we could not
reasonably plan for, because we have identified an error in the price or
description of the product(s), issues with access or delivery or because we are
unable to meet a delivery deadline you have specified. We will act reasonably
in deciding whether to accept or decline your Order request and will inform you
if we are unable to accept your Order request.
4.5. We only sell to selected areas. Because our
business is based on supplying products intended for current consumption in the
household, supplied on frequent and regular rounds to your home, residence or
workplace, you can only order our products for delivery in areas where we
operate a delivery round. Please check to see if your postcode is one to which
we can deliver at our website homepage (www.creamline.co.uk).
5. OUR PRODUCTS
5.1. Products may vary slightly from their
pictures. The images of the products on our website are for illustrative
purposes only. Although we have made every effort to display the colours
accurately, we cannot guarantee that a device's display of the colours
accurately reflects the colour of the products. Your product may vary slightly
from those images.
5.2. Product packaging may vary. The packaging of
the product may vary from that shown in images on our website.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Best of Local
product(s) you have ordered, you can do this up until 5pm on the day specified
at point of ordering, unless otherwise notified. If you wish to make a change
to the Daily Essentials product(s) you have ordered, you can do this up until
9pm two days before we deliver. If we cannot make the change or the
consequences of making the change are unacceptable to you, you may want to end
the contract (see clause 9- Your rights to end the contract).
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the products. We may make
minor changes to the products:
7.1.1. to reflect changes in relevant laws and
regulatory requirements; and
7.1.2. for any other reason, provided that it does
not materially affect your use and enjoyment of them.
7.2. More significant changes to the products. We
can make more significant changes to the products, or withdraw them from sale
entirely, for business reasons. If you have requested a repeat Order for a
product which is materially changed or withdrawn, we will let you know and,
unless we hear otherwise, we will not replace the product. The rest of your
Order request will be unaffected.
7.3. More significant changes to the terms. We
will try not to change clauses 7, 13 or 14 of these terms and conditions. We
can change any other clauses for any of the reasons described in clause 7.4. If
we do change any other clauses, we will notify you at least 30 days before the
change takes effect.
7.4. Reasons for making changes. The reason that
we change our terms and conditions, or to the prices for the products, could
be:
7.4.1. to change, alter, or improve or add to our
terms to ensure we respond to customer needs and remain competitive;
7.4.2. that the cost to us of running our business
increase or the costs we pay others for their products or services increases
(for example, we have to pay third parties more to provide services or goods to
us);
7.4.3. to introduce new charges where the cost of
running our business increases;
7.4.4. we reorganise the way we structure or run
our business;
7.4.5. other valid legal or regulatory reasons; or
7.4.6. we change the terms to make them clearer or
easier to understand, to reflect changes in law or to update our contracts from
time to time so all customers use consistent terms.
8. DELIVERING THE PRODUCTS
8.1. Delivery costs. Any applicable costs of
delivery will be as displayed to you on our website at the point you make your
request for an Order. The delivery costs we charge you may be higher if you ask
for a specific delivery method or time, but we will tell you about this at the
time when you request that method.
8.2. When we will deliver the products. During the
Order process we will let you know when we will deliver your Order to you. If
you request delivery on a day of the week which happens to fall on a bank
holiday in England, we will deliver your Order on the previous working day. If
we have to change your delivery date in other circumstances, we will endeavour
to email you to confirm this to you at least 24 hours in advance. If this is
unacceptable, you can change your Order by updating your Delivery Calendar. Our
ordinary delivery times (unless you have paid extra for a specific delivery
time) are from midnight to 10:00am.
8.3. We are not responsible for delays outside our
control. If our supply of the products is delayed by an event outside our
control, then we will contact you as soon as possible to let you know and we
will take steps to minimise the effect of the delay. Provided we do this, we
will not be liable for delays caused by the event, but if there is a risk of
substantial delay you may contact us to end the contract and receive a refund
for any products you have paid for but not received.
8.4. Collection by you. If you have asked to
collect your Order from our premises, you can collect them from us at any time
during our working hours of 8am until 1pm on any day Monday to Saturdays
(excluding bank holidays in England). Please report to the reception desk of
the depot identified as your local depot in your account information.
8.5. Return of re-usable containers. Where we
supply products to you which come in re-usable containers or boxes (for example
glass milk bottles), you agree that you will return those items to us in good
condition. We will usually collect those items from you at the same time as
making the next delivery to you, but we can ask for them back at other times
and you agree to give them back when we ask. We will tell you (or display on
the container) how you should make the container available for our collection,
or how you should return it to us.
8.6. If we are not able to leave your Order. If
your Order cannot be left either in the safe place you advised us of during the
Order process, or a safe place identified by the roundsperson, and no one is
available at your address to take delivery, we will leave you a note informing
you of how to collect your Order from a local depot or re-arrange delivery for
the following day. Any safe place must be confirmed using our website and must
be accessible safely by the roundsperson and we reserve the right not to leave
goods there if the roundsperson does not believe it is safe to access that
place, or to leave the Order there. For Daily Essentials products, the safe
place where your Order will be left will be by your front door unless you
expressly tell us that this is not suitable. We will leave your Order in a safe
place as a matter of course and will not knock on the door / ring the bell
unless there is no safe place to leave your Order, or unless you specifically
ask us to do this (for which there might be a charge, please see clause 8.1).
8.7. If you do not re-arrange delivery. If you do
not collect your Order from us as arranged or if, after a failed delivery to
you, you do not re-arrange delivery or collect your Order from our delivery
depot within 24 hours then:
8.7.1. we will charge you the full price for any
products that we cannot re-sell for a reasonable price (for example because
they are perishable) and will dispose of those products;
8.7.2. we will give you a refund (or where
applicable reduce any eventual charges to you) in respect of any products that
we can re-sell for a reasonable price and will take those products back into
stock. We may deduct from any refund or reduction in this instance a reasonable
sum to compensate us for any losses we may suffer as a result of your failure
to accept delivery. This may include our wasted costs in attempting delivery,
or (where we decide we can re-sell the products) the reduction in the value of
the relevant products as a result of the attempted delivery and delay.
8.8. When you become responsible for the products.
Products will be your responsibility from the time we deliver the Order to the
address you gave us, or you collect it from us (or somebody else collects it on
your behalf).
8.9. What will happen if you do not give us the
information we require. We may need certain information from you so that we
can deliver the Order to you, for example, the location of a safe place for
delivery. If so, this will have been stated in the Order process. We will
contact you to ask for this information if you do not provide it. If you do not
give us this information within a reasonable time of us asking for it, or if
you give us incomplete or incorrect information, we may either decline your
Order request or make an additional charge of a reasonable sum to compensate us
for any extra work that is required as a result. We will not be responsible for
delivering the Order late or not supplying any part of that Order if this is
caused by you not giving us the information we need within a reasonable time of
us asking for it.
8.10. Reasons we may suspend the delivery of Orders
to you. We may suspend the delivery of any Order (or decline future Order
requests) because:
8.10.1. there is a reason why we cannot provide the
products you have asked for (either generally or to you specifically);
8.10.2. we believe, acting reasonably, that it is
not safe to make further deliveries to your area or address;
8.10.3. we believe that, acting reasonably, that
you may not pay us for the products we supply, or that the details that you
have provided to us about yourself are not accurate;
8.10.4. we do not believe that it is possible to
leave the products you have ordered in a manner that means the products will
reach you safely; or
8.10.5. we decide for commercial reasons that we
are not able to continue the delivery round in your area.
8.11. Your rights if we suspend the delivery of
Orders. We will contact you in advance to tell you we will be suspending
delivery of Orders, unless the problem is urgent or an emergency. If we have to
suspend the delivery of a product we will adjust your Order so that you do not
pay for product(s) which we have not delivered. You may exercise your rights to
terminate all further Orders (under clause 9.3) if we tell you that we are
suspending delivery and we will refund any sums you have paid in advance for
products which you have not received.
8.12. We may also suspend delivery of the Orders if
you do not pay. If you do not pay us for the Orders when you are supposed to
(see clause 13.5), we may suspend delivery of any further Orders until you have
paid us the outstanding amounts. We will not charge you for the Orders during
the period for which they are suspended. As well as suspending the delivery of
the Orders, we can also charge you interest on your overdue payments (see
clause 13.7).
8.13. We may suspend delivery of the Orders if you
have reached your spending limit until we receive payment from you. In respect
of Daily Essentials orders, as explained in clause 13.5, payment is not
required when we deliver the products. To protect our own commercial interest,
we may place a limit on the value of products we will deliver to you in between
payments, this is called your "spending limit". We will tell you what
your spending limit is when you place your order. If you would like a higher
spending limit, please contact us and we will decide if we are willing to
increase your spending limit. We reserve the right to review and update
spending limits regularly (upwards or downwards) with reference to your
financial situation and payment history. We will notify you if we change or
remove your spending limit.
8.14. Promotions. Any promotions that we run via
offers, voucher codes or any other promotional activity will be limited to the
type of product(s), number of product(s), value and dates stated in the
relevant promotional literature. We reserve the right to withdraw any
promotions without notice.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. When you can end your contract with us. Your
rights to end the contract will depend on what you have bought, whether there
is anything wrong with it, how we are performing and when you decide to end the
contract:
9.1.1. If what you have bought is faulty or
misdescribed you may have a legal right to end the contract (or to get the
product replaced or to get some or all of your money back), see clause 12;
9.1.2. If you want to end the contract because of
something we have done or have told you we are going to do, see clause 9.2;
9.1.3. In all other cases (if we are not at
fault), see clause 9.3.
9.2. Ending the contract because of something we
have done or are going to do. If you are ending a contract for a reason set
out below the contract will end immediately and we will refund you in full for
any products you may have paid for but which have not been delivered and you
may also be entitled to compensation. The reasons are:
9.2.1. we have told you about a change to the
product(s) and / or terms which you reasonably consider is materially detrimental
to you (see clause 7.2); or
9.2.2. we propose to change the price on a product
you have Ordered and you do not want to pay that price, provided that you tell
us before the change to the price takes effect.
9.3. Ending the contract for other reasons. Even
if we are not at fault, you can still withdraw your Order request (either for
one specific Order or for all future Orders) at any time before the relevant
Order request is accepted by us. If you withdraw your request for all future
Orders, this is the same as ending the contract. If you try to terminate an
Order after it has been accepted by us, we will try to make sure that your
Order is not delivered, but this may not be possible. If we succeed in stopping
your Order before it is delivered, you may have to pay us compensation, in
particular where the products you have ordered are perishable. If we are unable
to recall your Order before it is delivered, you will have to pay for the Order
in full. Where you have ended the contract, we will refund any sums paid by you
for products not delivered but we may deduct from that refund (or, if you have
not made an advance payment, we may charge you) reasonable compensation for the
net costs we will incur as a result of your ending the contract after an Order
had been accepted by us.
10. HOW TO END THE CONTRACT WITH US
10.1. Tell us you want to end the contract. To end
the contract with us, please let us know by doing one of the following:
10.1.1. Phone or email. Use the help and support
function found under the 'My Account' tab on our webpage. Alternatively, call
customer services on (0161) 873 0300 or email us at [email protected].
Please provide your name, home address, details of the Order and, where
available, your phone number and email address.
10.1.2. Online. Update your Delivery Calendar to
show that there are no deliveries to be made.
10.1.3. By post. Simply write to us at Mellors
Road, Trafford Park, Manchester, M17 1PB including your name and address.
10.2. Returning products after ending the
contract. If you end the contract for any reason after products have been
received by you, you will not be able to return them to us.
10.3. How we will refund you. If we need to give
you a refund, we will refund you the price you paid for the products including
delivery costs, by the method you used for payment. However, we may make
deductions from the refund, as described above.
11. OUR RIGHTS TO END THE CONTRACT
11.1. We may end the contract if you break it. We
may end the contract (and any future Orders) at any time by writing to you if:
11.1.1. you do not make any payment to us when it
is due;
11.1.2. you do not, within a reasonable time of us
asking for it, provide us with information that is necessary for us to deliver
the Order, for example, a safe location for delivery;
11.1.3. you do not, within a reasonable time, allow
us to deliver an Order to you, or collect them from us, as described in these
terms and conditions.
11.2. You must compensate us if you break the
contract. If we end the contract in the situations set out in clause 11.1 we
will refund any money you have paid in advance for Orders which have not been
fulfilled, but will deduct from such refund, or if you have not paid in
advance, charge you reasonable compensation for the net costs we will incur as
a result of your breaking the contract.
11.3. We do not have to accept Orders you have
requested. We accept Orders for our Daily Essentials at 9pm two days prior to
delivery and for our Best of Local boxes at 5pm three days before the day of
delivery, unless otherwise notified. We do not have to accept your Order
requests where there is a reason for us not to do so.
12. IF THERE IS A PROBLEM WITH THE PRODUCT(S)
12.1. How to tell us about problems. If you have
any questions or complaints about the product(s), please contact us. Use the
help and support function found under the 'My Account' tab on our webpage.
Alternatively, you can telephone our customer service team at (0161) 873 0300
or write to us at [email protected].
12.2. Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either
post them back to us or (if they are not suitable for posting) allow us to
collect them from you. We will pay the costs of postage or collection. Please
contact us by using the help and support function found under the 'My Account'
tab on our webpage. Alternatively, please call customer services on (0161) 873
0300 or email us at [email protected] for a return label or to
arrange collection.
13. PRICE AND PAYMENT
13.1. Where to find the price for the products.
The price of the products will be the price stated at the point of you placing
your Order request (which includes VAT). We will continue to charge you this
price for any repeat Order requests.
13.2. Changes to the prices. We may change the
prices for the products on our website at any time. If you have an outstanding
or repeat Order request which would be impacted by the price increase, then:
13.2.1. if the price increase is less than or equal
to 5% (taken over the course of a month where there is more than one price
variation) then we will charge you the new price on all future orders. You
therefore accept when you place an Order request that the actual price paid may
be less or more than the price displayed at the time you place your order
request, within that allowance of 5%; or
13.2.2. if the price increase is more than 5% we
will give you at least 7 days' notice in writing or by email of the price
change. Any Orders which are delivered during this 7 day period will continue
to be charged by us at the old price. The price for the relevant products in
all Orders after the end of the notice period will be the new price. If you do
not want to pay the new price, you can cancel all future Orders as long as you
do so before we accept the relevant Order request as described in clause 4.3.
We take all reasonable care to ensure that the price of the products advised to
you is correct. However please see clause 13.4 for what happens if we discover
an error in the price of the products you Order.
13.3. We will pass on changes in the rate of VAT.
If the rate of VAT changes between your Order date and the date we deliver the
Order, we will adjust the rate of VAT that you pay, unless you have already
paid for the Order in full before the change in the rate of VAT takes effect.
13.4. What happens if we got the price wrong. It
is always possible that, despite our best efforts, some of the products we sell
may be incorrectly priced. We will normally check prices before accepting your
Order so that, where the product's correct price at your Order date is less than
our stated price at your Order date, we will charge the lower amount. If the
product's correct price at your Order date is higher than the price stated to
you, we will contact you for your instructions before we accept your Order. If
we accept and process your Order where a pricing error is obvious and
unmistakable and could reasonably have been recognised by you as a mispricing,
we may end the contract, refund you any sums you have paid and require the
return of any products provided to you.
13.5. When you must pay and how you must pay. We
accept payment with any of the cards listed at the bottom of our website
homepage (www.creamline.co.uk).
When you must pay depends on what products you are buying:
13.5.1. For Daily Essentials, you must pay every
Saturday for the Orders received over the course of the preceding week. We may
on occasion agree other payment terms with you.
13.5.2. For Best of Local, you must pay for the
Order at 5pm on the day specified at point of ordering, unless otherwise
notified.
13.6. Payment details. You must give us details of
a debit or credit card when you request your Order. We will hold those card
details on file and will only charge you when payment becomes due in accordance
with clause 13.5. You agree to make sure that the card details held in relation
to your account remain valid for the cost of all the products you ask us to
supply. Any non-functioning cards should be replaced on the system as soon as
possible to ensure that your payments are not interrupted. A failure to update
your card details may result in your deliveries being suspended without notice.
We will provide reminders to update your card details if they are nearing
expiry. If you have not yet paid for products you have received under the Daily
Essentials product range, and you add a new card to your account, the price for
the products you have already received will become due immediately and will
automatically be charged to your card.
13.7. We can charge a late fee if you pay late. If
you do not make any payment to us by the due date we may charge a £4 late
payment administration fee, and reserve the right to suspend or limit your
account. v13.8. What to do if you think we have charged you the wrong amount.
If you think we have charged you the wrong amount (or are asking you to pay the
wrong amount) please contact us promptly to let us know. You will not have to
pay a late fee until the dispute is resolved.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED
BY YOU
14.1. We are responsible to you for foreseeable
loss and damage caused by us. If we fail to comply with these terms, we are
responsible for loss or damage you suffer that is a foreseeable result of our
breaking this contract or our failing to use reasonable care and skill, but we
are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the
time the contract was made, both we and you knew it might happen, for example,
if you discussed it with us during the sales process.
14.2. We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors; for fraud or fraudulent misrepresentation;
for breach of your legal rights in relation to the products including the right
to receive products which are: as described and match information we provided
to you; of satisfactory quality; fit for any particular purpose made known to
us; supplied with reasonable skill and care; and for defective products under
the Consumer Protection Act 1987
14.3. When we are liable for damage to your property. If we are delivering Orders to your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while delivering the Orders.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1. How we will use your personal information. We will use the personal information you provide to us:
15.1.1. To supply the products to you;
15.1.2. To manage your customer account;
15.1.3. To process your payment for the Orders; and
15.1.4. If you agreed to this during the Order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
15.3. Emails. You may opt out of marketing emails from us at any time in accordance with the terms of our privacy policy or using the "unsubscribe" option in those emails. However, whilst you continue to place Orders with us, we need to send you emails about your Orders. You cannot opt out of these service-related emails and will stop receiving them if you stop placing Orders, or if you cancel your repeat Orders.
15.4. If no orders are made on your account for a period of 6 months or more we may de-activate it and archive the data for relevant business and regulatory purposes and for the relevant periods of retention permitted by law. In such circumstances, having notified you at the email address supplied on your account, We may after a period of 1 month following such email transfer any un-utilised credit balances thereon to an account for subsequent gift to a charity of our choice.
15.5. Marketing. You may opt out of receiving marketing information from us at anytime in accordance with our Privacy Policy and by updating your preferences on the “My Account” page of our website. We will endeavour to update your preferences as soon as reasonably possible, however, this may take up to 28 days.
16. CREAMLINE LOTTERY
16.1. The principal object of the Creamline
small society lottery is to raise funds for charities and good causes in the
North West of England which are carefully selected by us. Our
principal beneficiaries are St Ann's Hospice and Francis House Children’s
Hospice although a number of other charities and local good causes are
routinely or occasionally supported. We are registered with Salford City
Council under licence number 053129.
16.2. Only UK residents over the age of 18
may join and purchase tickets for the Creamline lottery scheme which can only
be done online by first setting up a valid online account with us.
16.3. The number of entries per account in
weekly draws will be limited to no more than 50 entries of 20p each (£10 per
week). Ticket draws are held weekly and winners will receive winnings by
cheque within 7 days of the draw. We will decide the prize size and
distribution within the parameters laid down in our licence on the payment of
the prize fund built from ticket sales but typically we pay out 4 prizes of £50
to £100 per week with one larger draw every 10 weeks with a top prize of £1000
and smaller prizes between £500 and £50 to make up the balance.
16.4. We may prevent participation in the
Creamline lottery scheme when we are informed an account holder may have a
gambling problem or we have been requested to do so by you.
16.5. We may prevent participation in the
Creamline lottery scheme for any other reason we deem reasonably necessary
16.6. Payment for lottery tickets purchased
in any month will be calculated up to the last Saturday of each calendar month
and collected by direct debit within 7 days of that date. Customers
should check their accounts on or around the last Saturday of each calendar
month to see the value of the direct debit collection to be
processed.
16.7. Failure to pay for lottery tickets
purchased when demanded, the cancellation of the direct debit mandate or the
failure of a direct debit collection or any outstanding debt beyond normal
terms on their Daily Essentials account balance will bar the scheme member from
winning any prize for which their ticket may be drawn as a winner while this
continues. This cannot be rectified retrospectively by subsequent payment
or correction to payment details as the ticket was ineligible to win at the
time of the draw but the debt obligation for the tickets purchased will remain
to be paid by You.
16.8. To cease participating in the Creamline
lottery scheme you should follow the process for cancelling or reducing your
ticket purchase numbers on your online account. The weekly draw takes
place on a Friday and you must have cancelled, reduced or increased your
tickets by 9pm on Thursday the week before in order to amend your participation
for any week. Amendments after that time will only take effect for the
subsequent weekly draw.
16.9. Due to statutory restrictions on
payment for remotely purchased gambling products by credit card, Creamline
Lottery scheme tickets are kept separate from any other product purchases from
us in the Daily Essentials or Best of Local stores and processed under a
separate direct debit mandate.
17. FORCE MAJEURE
17.1. In the event of any matters that impact us or
the availability of products beyond our reasonable control which shall include
but not be limited to earthquake, fire, storm, flood, pandemic or epidemic,
strike, road closure, breakdown of equipment, loss of utilities, supplier
failure or extreme customer demand We may need to amend, reduce or suspend your
Orders and delivery service without notice. If we are unable to fulfil
your Orders in whole or in part due to a Force Majeure event we shall be
released from our obligations under our contract with you and your payment, if
already made, will be returned to you in whole or in part as appropriate.
18. OTHER IMPORTANT TERMS
18.1. We may transfer this agreement to someone
else. We may transfer our rights and obligations under these terms to another
organisation. We will always tell you in writing if this happens and we will
ensure that the transfer will not affect your rights under the contract. If you
are unhappy with the transfer you may contact us to end the contract within 30
days of us telling you about it and we will refund you any payments you have
made in advance for Orders not provided.
18.2. You need our consent to transfer your rights
to someone else. You may only transfer your rights or your obligations under
these terms to another person if we agree to this in writing. We may not agree
if this is outside of our delivery area.
18.3. Nobody else has any rights under this. This
contract is between you and us. No other person shall have any rights to
enforce any of its terms, except as explained in clause 16.2 in respect of our
guarantee. Neither of us will need to get the agreement of any other person in
order to end the contract or make any changes to these terms.
18.4. If a court finds part of this contract
illegal, the rest will continue in force. Each of the paragraphs of these
terms operates separately. If any court or relevant authority decides that any
of them are unlawful, the remaining paragraphs will remain in full force and
effect.
18.5. Even if we delay in enforcing this contract,
we can still enforce it later. If we do not insist immediately that you do
anything you are required to do under these terms, or if we delay in taking
steps against you in respect of your breaking this contract, that will not mean
that you do not have to do those things and it will not prevent us taking steps
against you at a later date. For example, if you miss a payment and we do not
chase you but we continue to deliver the Orders, we can still require you to
make the payment at a later date.
18.6. Which laws apply to this contract and where
you may bring legal proceedings. These terms are governed by English law and
you can bring legal proceedings in respect of the products in the English
courts.
19 CHRISTMAS HOLLY HAMPER PRIZE DRAW
19.1 The Creamline 2024 ‘Christmas Holly Hamper Prize Draw’
(the Draw) is open to online and offline Creamline customers who register their
interest for a Holly Hamper by using the offline paper form or the online
capture form. The Draw is open to participants aged 18 over who are Creamline
customers, excluding employees of Creamline and its agencies and their
immediate families.
19.2 The Draw is limited to one entry per person and one
winner will be selected. The winner will be chosen at random using a prize
draw.
19.3 The winner of the Draw will be notified by email if
they are an online customer, or telephone if they are an offline customer.
Creamline reserves the right to select alternative winners, in the event of
reasonable effort to contact the original winners being unsuccessful.
19.4 The prize awarded to the winner will be a Holly Hamper
to the retail value of £69.99.
19.5 No cash or other alternative prizes are available, and
the prize is not transferrable.
19.6 Delivery of the prize must be made to a property within
Creamline's delivery catchment area.
19.7 The winner agrees not to sell, offer to sell, or use
the prize for any commercial or promotional purpose (including placing the
prize on an internet auction site).
19.8 The name, town, and photograph of the winner may be
used by Creamline for post-publicity purposes. The winner agrees to comply with
a reasonable request to provide a photo of themselves with their prize and to
allow Creamline to use their name and likeness for advertising and publicity
without additional remuneration.
19.9 Creamline reserves the right to withdraw or deactivate
the competition for any reason at any time, or to suspend deliveries on any
account or delivery location on the bases outlined in its term and conditions
generally.
19.10 The closing date for this competition is 11.59pm on Monday
30th September. This may be altered by Creamline at any time.
19.11 Entry implies acceptance of these terms and conditions.
20. CELEBRATING 10 YEARS ONLINE PRIZE DRAW
20.1 The Creamline 2024 ‘Celebrating 10 Years Online Prize
Draw’ (the Draw) is open to online Creamline customers who complete Creamline’s
website feedback survey. The Draw is open to participants aged 18 over who are
Creamline customers, excluding employees of Creamline and its agencies and
their immediate families.
20.2 The Draw is limited to one entry per person and ten
winners will be selected. The winners will be chosen at random using a prize
draw.
20.3 The winners of the Draw will be notified by email. Creamline
reserves the right to select alternative winners, in the event of reasonable
effort to contact the original winners being unsuccessful.
20.4 The prize awarded to the winners will be a Best of
Local hamper to the retail value of £50.
20.5 No cash or other alternative prizes are available, and
the prize is not transferrable.
20.6 Delivery of the prize must be made to a property within
Creamline's delivery catchment area.
20.7 The winner agrees not to sell, offer to sell, or use
the prize for any commercial or promotional purpose (including placing the
prize on an internet auction site).
20.8 The name, town, and photograph of the winner may be
used by Creamline for post-publicity purposes. The winner agrees to comply with
a reasonable request to provide a photo of themselves with their prize and to
allow Creamline to use their name and likeness for advertising and publicity
without additional remuneration.
20.9 Creamline reserves the right to withdraw or deactivate
the competition for any reason at any time, or to suspend deliveries on any
account or delivery location on the bases outlined in its term and conditions
generally.
20.10 The closing date for this competition is 11.59pm on Monday
30th September. This may be altered by Creamline at any time.
20.11 Entry implies acceptance of these terms and conditions.
21. REFER A FRIEND
21.1 The ‘refer a friend’ programme is open to existing Creamline customers (referrers) and provides a £10 credit for a referrer and their referred friend (recipient), once the recipient has completed their Creamline account registration.
21.2 A ‘completed’ registration is defined as one that includes a customer making their first credit payment by either adding a payment method (which involves a £1 deposit payment) or making a one-off payment to add credit to their account.
21. 3 Once a recipient’s registration has been completed, a reward credit notification will be displayed in their account and the referrer will receive an email to advise that £10 credit has been awarded to their account as well.
21. 4 Creamline credit can be used on the Daily Essentials & Best of Local stores.
21. 5 Each recipient can use the same referral code, and the referrer will be credited for every completed registration.
21. 6 Referrals will not be accepted for recipients creating new Creamline accounts with the same delivery and / or billing address as the referrer.
21. 7 Creamline will monitor new accounts and in event of Creamline believing any suspicious activity has occurred, we reserve the right to act accordingly.
21. 8 This offer cannot be used in conjunction with any previous or concurrent offer and no cash alternative is available.
21. 9 Creamline reserves the right to withdraw or deactivate the promotion for any reason at any time or to suspend deliveries or any account or delivery location on the bases outlined in its terms and conditions generally.
21. 10 The set closing date for this promotion is 11:59PM on 28th February 2025. To be eligible for credit, the recipient must complete their account registration before this date. This may be altered by Creamline at any time.
21. 11 The promotion may only be redeemed through the website Creamline.co.uk and not through any other website or method of communication.