Website Policies

INFORMATION ABOUT SIMPLY OYSTERS

The website at simplyoysters.com is owned and operated by Jeremy Stevens and Carol Stevens T/A Simply Oysters. Our mail address is: Simply Oysters, C/- 6 Ribblesdale Place, Chorley, Lancashire, PR7 1LT. Throughout this Privacy and Cookies Policy and Terms and Conditions, the terms “Simply Oysters”, “we”, “us” and “our” refer to Jeremy and Carol Stevens T/A Simply Oysters. If you have any questions, please contact us

PRIVACY AND COOKIES POLICY

This Privacy and Cookies Policy and the Terms and Conditions (“T&Cs”) apply to the website at simplyoysters.com (the “Website”). Please read this Privacy and Cookies Policy and the T&Cs carefully. You can view the T&Cs by clicking here. By accessing and using the Website, and by placing any order for any product or service through the Website, you confirm that you have read, understood and agree to this Privacy and Cookies Policy and the T&Cs in their entirety. If you do not agree to this Privacy Policy and Cookies Policy and the T&Cs in their entirety, you must not access or use the Website, and you must not order any product or service through the Website.

By accessing and using the Website, and by placing any order for any product through the Website, you declare that you are at least 18 years of age. If you are under 18 years of age, you must not access or use the Website, and you must not order any product or service through the Website.

PART A: PRIVACY

1. Collection of your data

1.1 We do not and will not knowingly collect information from anyone under the age of 18. If you are under the age of 18, you must not use this Website or submit any personal data to us.

1.2 When you access, use, register for and open our club account, place an order(s), enter any promotions, competitions or surveys, receive any newsletters through the Website, we may collect your personal data including: your name; your billing and delivery addresses; your phone and e-mail details; your club account username and password; your browsing and online activities.

2. Collection, storage and use of your data

2.1 We will act in accordance with the Data Protection Act 1998.

2.2 We may collect, store and process your personal data to provide you with the best possible personal service; to operate and administer your club account; to contact you (including by e-mail, text or phone) about your order(s) or delivery(s), promotions, competitions and surveys, newsletters; and for any related purposes, or where we have a legal right or duty to use or disclose your information (including for attempted or actual fraud or crime).

2.3 We may collect anonymous data about visitors to the Website for statistical purposes. However, no single individual will be identifiable from these anonymous details.

3. E-mails and texts

We may send you emails and/or texts to keep you up to date with the status of your orders and deliveries; promotions; competitions; surveys; news; and other information that may be relevant to you.  All emails and texts we send you will include an unsubscribe option.

PART B: COOKIES

1. Definition of cookies

Cookies are small data files that are stored on your web-enabled device (such as a computer, smartphone, tablet, smartTV or any other device) as you browse the Website. Cookies are safe and do not harm your web-enabled device. Cookies are an essential part to the how the Website works. If you would like to view further information about cookies, please click here to visit a third party website on cookies.

2. Classification and use of cookies on the Website

2.1. To comply with the International Chamber of Commerce UK (ICC UK) Cookie Guide, we have classified the four different types of cookies available that we use on the Website and why we use them:

2.1.1    Strictly necessary cookies

For cookies that are strictly necessary, no consent is required.

The Website uses these cookies to enable you to move around the Website and use some features.

2.1.2    Functionality cookies

As you are using the Website, you agree that we can place these types of cookies on your device.

The Website uses these cookies to record your choices made on the Website and enable you to transact. For example, registering and managing your simplyshuck club account; earning and redeeming shucker points; adding products and services to your basket; and completing the checkout procedure.

2.1.3    Performance cookies

As you are using the Website, you agree that we can place these types of cookies on your device.

The Website uses these cookies to record areas of the Website you visited such as browsing and ordering so we can make improvements to the Website and provide the best possible service.

2.1.4    Targeting or advertising cookies

We do not use these types of cookies on the Website, and we do not place these types of cookies on your device.

These cookies record areas of the website you visited in order for that website (or third party websites) to target relevant adverts to you, either for the period of time specified in the cookie (known as Persistent cookies) or temporarily so that once you leave a website the cookies are deleted (known as Session cookies).  For example, pop-up banners.

2.2 The Website does not use cookies to record any of your confidential information. For example, your name, address, date of birth, and debit or credit card details.

3. Managing cookies

The Help Menu on the menu bar of most browsers will inform you on how the browser can prevent new cookies, notify you when you receive a new cookie, and disable all cookies.  We recommend you leave cookies from the Website turned on, so you can access and use the essential functional features in and on the Website. For example, if you block cookies from the Website, you may not be able to login to your simplyshuck club account to earn and redeem shucker points; add products and services to your basket; or complete the checkout procedure.

SECURITY

1. General security

1.1 No transmission of data over the Internet can ever be guaranteed as completely secure. Therefore, we cannot guarantee the security of any personal data sent by you over the Internet to our Website.

1.2 If you use a computer in a public location, or a shared device (such as computer, smartphone, tablet or smartTV), we recommend that you logout and close the website browser when you complete an online session for your security.

2. Account password

2.1 You must keep your simplyshuck account password private and secure.

2.2 When creating a password, we recommend that you use at least 8 characters and a password that includes a combination of letters and numbers is best (do not use your name, email address, or other personal data that can be easily obtained). As an added security measure, we recommend that you frequently change your password.

3. False emails

3.1 We will never ask you to confirm any of your personal data or card payment details by email. If you receive any email that claimis to be from Simply Oysters or simplyshuck with a request for your personal data or card payment details, please ignore it and do not respond.

4. Your personal data

4.1 You have the right to ask what personal data that we hold about you at any time, subject to a fee specified by law (currently £10); the right to ask us to update any out-of-date or incorrect personal data that we hold about you free of charge; and the right to opt out of any marketing or advertising communications that we may send you. If you wish to act upon any of these rights, please contact us.

4.2 If you wish to unsubscribe from all e-mails and/or texts on marketing or advertising that we send you, please click on the unsubscribe link at the bottom of any e-mail or text we have sent to you.

5. Third party web sites

The Website may contain links to other websites operated by third parties. Our Privacy Policy, Cookie Policy and T&Cs  applies only to the personal data that we collect through the Website and we cannot be responsible for any personal data that third party websites may collect, store and use. You should always read the Privacy Policy and Cookies Policy of each website you visit carefully.

6. Buying from us

6.1 When you place any order for products(s) and service(s) through the Website, your card payment details are collected, stored and processed by PayPal (a third party).

6.2 We do not collect, store or process any of your card payments details through the Website or any of our servers.

7. Updates to this policy

Please check back regularly to keep informed of updates to this Privacy & Cookies Policy.

TERMS AND CONDITIONS

These Terms and Conditions (“T&Cs”) and the Privacy Policy and Cookies Policy apply to the website at www.simplyoysters.com (the “Website”). Please read these T&Cs and the Privacy and Cookies Policy carefully. You can view the Privacy and Cookies Policy. By accessing and using the Website, and by placing any order for any product or service through the Website, you confirm that you have read, understood and agree to these T&Cs and the Privacy Policy and Cookies Policy in their entirety. If you do not agree to these T&Cs and the Privacy and Cookies Policy in their entirety, you must not access or use the Website, and you must not order any product or service through the Website.

By accessing and using the Website, and by placing any order for any product(s) through the Website, you declare that you are at least 18 years of age. If you are under 18 years of age, you must not access or use the Website, and you must not order any product or service through the Website.

PART A: USE OF THE WEBSITE

1. Copyright

1.1 You may use the content on the Website for no other reason than your own personal use, and you may not without our prior written consent copy, reproduce, transmit, modify, publish, display or distribute such content on the Website; or use any content for any commercial reason.

1.2 Unless otherwise specified, the content on the Website promotes our products and services available in the UK. You may access the Website from outside of the UK subject to any local laws and regulations.

2. Ownership

All rights, including copyright, trademarks, design rights and other intellectual property rights in, on and to the Website are owned by or licensed to us.

3. Accuracy of content

3.1 We try to make sure that all content (including, but not limited to descriptions, prices and photos) shown on the Website is accurate and up-to-date. However, mistakes can occur and we disclaim all representations and warranties, implied or express, that content shown on the Website is accurate, up-to-date and/or does not infringe the rights of any third party.

3.2 All colours, sizes, weights, dimensions and capacities shown on the Website are approximate.

4. Damage to device

We use reasonable efforts to ensure that the Website is free from viruses or other malicious or harmful content. However, we cannot guarantee that your use of the Website will not cause damage to your device (such as your computer, smartphone, tablet, or smartTV). It is your responsibility to ensure that you have antivirus software and other such protection installed on your device to use the Website safely. We shall not be liable for any loss or damage caused due to a result of viruses or other malicious or harmful content from or via the Website.

5. Links to other websites

We have placed links on the Website to other websites that we think are informative and you may want to visit. We do not check or monitor these websites and we do not have any control over their contents. We shall not be liable for any liability; or loss or damage caused due to a result of viruses or other malicious or harmful content from or via these websites.

6. Other notices

There may be legal or other notices on the Website which relate to your use of the Website, all of which will, together with these T&Cs and our Privacy and Cookies Policy govern your use of the Website.

7. Only agreement

These T&Cs and our Privacy Policy and Cookies Policy represent and govern the only agreement between you and us.

8. English law

Any matter that arises out of your use of the Website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English. Under English law, we may not enter into any contract with any person under 18 years of age. By accessing and using the Website, and by placing any order for any product(s) through the Website, you declare that you are at least 18 years of age.

9. Changes to the T&Cs

We reserve the right to change and update the T&Cs and our Privacy and Cookies Policy at anytime. We recommend that you view the T&Cs and our Privacy and Cookies Policy in their entirety to keep yourself informed of our current T&Cs and our Privacy and Cookies Policy. By continuing to access or use the Website, and by placing any order for any product or service though the Website, you will be deemed to have read, understood and agree to these T&Cs and our Privacy and Cookies Policy in their entirety.

PART B: TERMS & CONDITIONS OF SALE

1. Description of products

1.1 We try to make sure that all descriptions, prices and photos of products shown on the Website are accurate and up-to-date. However, mistakes can occur and we disclaim all representations and warranties, implied or express, that descriptions, prices and photos shown on the Website is accurate, up-to-date and/or does not infringe the rights of any third party. Please note that all colours, sizes, weights, dimensions and capacities shown on the Website are approximate.

1.2 All photos of products shown on the Website may not be actual size. All photos of foods, accompaniments, dishes and utensils shown on the Website are only for illustration purposes and are not included unless otherwise stated in the description of the product.

2. Order acceptance

2.1 By placing your order, you acknowledge and agree that, we reserve the right, in our sole discretion, to refuse to accept your order at any time, for any reason, without any notice, and we shall accept no liability.

2.2 After you have placed your order, we will notify you by email to confirm that we have received your order and the details of the product(s) you ordered. This email does not acknowledge or represent acceptance of your order by us.

2.3 When we have confirmed that the product(s) you ordered is available, we will prepare the product(s) you ordered for dispatch. Our acceptance of your order and our completion of the contract between you and us will take place when the product(s) is dispatched, and we will notify you by email when the product(s) has been dispatched. We reserve the right, in our sole discretion, to dispatch multiple products on your order(s) separately.

2.4 All products will remain the property of us until we have received payment in full (in cleared funds) for the product(s) you ordered.

3. Message service

3.1 A message service is available on certain orders and is available for your own personal use only and not for any commercial purpose. By placing your order and by choosing to use the message service, you acknowledge and agree that:

i. we do not take any responsibility for the content(s) of any message(s) you instruct us to send on your behalf to any other person (third party) and we shall accept no liability;

ii. your message(s) will not contain any content that may be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person, or which is objectionable or unlawful; and,

iii. you and/or your message(s) will not impersonate any other person.

4. Payment acceptance

4.1 We accept payment for orders in Great British Pounds (GBP), Euro (EUR) or United States Dollar (USD).

4.2 We accept payment for orders by PayPal, MasterCard/EuroCard, Visa/Delta/Electron, Discover, American Express, Maestro, and Simply Oysters Gift Vouchers.

4.3 By placing your order, you represent and confirm that the payment details provided by you are valid, correct and yours.

4.4 All payment details are collected, processed, stored and accepted by PayPal (a third party).  PayPal is approved under the Payment Card Industry Data Security Standards (PCI DSS). We do not collect, process or store your card payment details on any of our servers.

4.5 All card payments details are subject to validation checks and authorisation by your bank (a third party) or your card issuer (a third party).

4.6 If you choose to pay for your order using a debit card or credit card that has been issued to you by your bank (a third party) or your card issuer (a third party) outside of the UK, your bank or card issuer will apply the exchange rate and any fee(s) at the time of processing your payment which the card account holder will be liable to pay.

5. Delivery

5.1 The product(s) you ordered will be packed in a parcel(s) and delivered by post or courier to the delivery address in the UK specified in your order and may require a signature on delivery. We recommend that someone be available at the delivery address specified in your order at the time of delivery to sign for the parcel(s). If no one is available at the delivery address specified in your order at the time of delivery, the carrier may leave the parcel with a neighbour, or may leave a note to advise where and when you can collect the parcel(s) or how to arrange a redelivery.

5.2 All risk in the product(s) you order (including risk of loss and/or damage to the products) shall pass to you when such product(s) are delivered to the delivery address specified in your order.

5.3 We shall be under no liability for any delay or failure to deliver any product(s) if the delay or failure is wholly or partly caused by circumstances beyond our control. For example, if a delivery cannot be made by the courier you have provided us with incorrect or inaccurate information.

5.4 Delivery price refunds can only be made in accordance with your legal rights. For further information about your legal rights in the UK, please contact the Citizen’s Advice Bureau in the UK. If you are from outside of the UK, please refer to your local consumer advice centre.

5.5 Certain product(s) may not be available for delivery to certain addresses outside of the UK for customs, legal, regulatory, logistical and any other reason.

5.6 We reserve the right, in our sole discretion, to define what product(s) can and cannot be delivered to addresses outside of the UK.

5.7 For all deliveries outside of the UK, you or your recipient (a third party) or another person (a third party) at the delivery address outside of the UK specified in your order may have to pay additional local duties, fees, taxes, or levies and we recommend that you or your recipient check these details before you place an order for deliveries outside of the UK.

5.8 If we cannot deliver the product(s) to the delivery address outside of the UK specified in your order, we will not dispatch your order and we will notify and inform you by email, and if we have already collected payment for the undelivered product(s) from you we will refund you in full (including standard delivery fee) as soon as reasonably possible.

5.9 You can view delivery details and prices at checkout.

6. Prices

6.1 All prices shown on the Website are in Great British Pounds and may be displayed in Euro or United States Dollar. We may change prices and withdraw offers at any time and without notice.

6.2 We try to ensure all prices shown on the Website are accurate.  However mistakes can occur and if we discover an error(s) in the price(s) of a product(s) you ordered we will notify and inform you by email or phone as soon as possible. You will have the option to accept the correct price and reconfirm your order or reject the correct price and cancel your order. If we are unable to contact you by email or phone, we will cancel your order.

7. Age restrictions

By law, knives and bladed items can only be purchased by, and for, individuals aged 18 years and over. By placing your order for any knife(s), you confirm that you and/or your recipient (a third party) of the knife(s) are aged at least 18 years of age.

8. Availability of products

All products shown on the Website are subject to availability.

9. Supply of products

9.1 From time to time, the supply of the product(s) you ordered may be delayed, stopped or prevented for reasons beyond our control. For example, product shortages, adverse weather conditions, or high demand. We shall be under no liability for any delay or failure if such delay or failure is wholly or partly caused by circumstances beyond our reasonable control.

9.2 If we cannot supply the product(s) you ordered due to supply difficulties, we will not accept your order and we will notify and inform you by email. We may propose to you that we substitute the product(s) you ordered with an alternative product(s) of equal or better quality and value at no extra cost to you, and you will have the right to accept or reject such proposal. If you choose to reject our proposal and if we have already collected payment for the unavailable product(s) from you we will refund you in full as soon as reasonably possible. Any refunds by us will be made to the same debit or credit card we collected payment from.

10. Order amendment

We can accept amendments at any time up until your order is prepared for dispatch. After you have placed your order, if, for any reason, you wish to amend your order please notify and inform us by email or by phone as soon as possible.

11. Order cancellation

11.1 We take all reasonable care to ensure that you are pleased with the product(s) you ordered and you have enjoyed your experience through the Website. After you have placed your order and you are a consumer, if, for any reason, you wish to cancel your order please notify and inform us by email at team@simplyoysters.com within fourteen (14) calendar days of receipt of the delivery.

11.2 We try to process orders immediately and we may be unable to stop accepted orders from being dispatched.

11.3 If you wish to cancel your order, please be aware of the terms below that apply:

i. If you wish to cancel your order, you must notify and inform us (as outlined under Clause 11.1) and you must return the product(s) to us (in unused condition and in the original packaging) at your cost within fourteen (14) calendar days of cancelling the contract.

ii. You have a legal responsibility to take reasonable care of the product(s) while in your possession. We will not be responsible for any loss or damage to the returned product(s) in transit. We recommend that you use a recorded delivery service for the product(s) you are returning to us. If any product(s) returned to us by you is damaged or lost by you or in transit, we reserve the right to charge you for the damaged or lost product(s).

iii. If we have already collected payment for the cancelled order from you we will refund you in full (including standard delivery fee) as soon as reasonably possible. All refunds by us will be made to the same debit card or credit card we collected payment from.

11.4 For further information about your legal rights in the UK, please contact the Citizen’s Advice Bureau in the UK. If you are from outside of the UK, please refer to your local consumer advice centre.

12. Incorrectly supplied products

12.1 We take all reasonable care to ensure that the product(s) you ordered is supplied correctly. If the product(s) you received has been incorrectly supplied please notify and inform us by email at team@simplyoysters.com within three (3) working days of receipt of the delivery.

12.2 After you have informed us that the product(s) you received has been incorrectly supplied (as outlined under Clause 12.1) we will investigate further. If we find that the product(s) has been incorrectly supplied, we will arrange collection of the incorrectly supplied product(s), and one or more of the remedies listed below will apply:

i. We will supply and/or substitute the incorrectly supplied product(s) with the correct product(s).

ii. If the supply and/or substitute of the incorrectly supplied product(s) is not possible, we will refund you in full for the incorrectly supplied product(s) received by you (including standard delivery fee) as soon as reasonably possible. We will not refund the delivery fee if the incorrectly supplied product(s) is part of a multiple order. All refunds by us will be made to the same debit card or credit card we collected payment from.

12.3 For further information about your legal rights in the UK, please contact the Citizen’s Advice Bureau in the UK. If you are from outside of the UK, please refer to your local consumer advice centre.

13. Unsatisfactory quality of products

13.1 We take all reasonable care to ensure that the product(s) you ordered is of satisfactory quality. If the product(s) you received is of unsatisfactory quality please notify and inform us by email at team@simplyoysters.com within three (3) working days from the date you received the delivery.

13.2 After you have informed us that the product(s) you received is of unsatisfactory quality (as outlined under Clause 13.1), we will investigate further and we may request that you provide us with evidence that the product(s) is of unsatisfactory quality (for example, we may ask that you return the unsatisfactory product to us).  If we find that the product(s) you received is of unsatisfactory quality, one or more of the remedies listed below will apply:

i. We will repair or replace the product(s) that is of unsatisfactory quality.

ii. If the repair or replacement of the unsatisfactory product(s) is not possible, we will apply a price reduction whereby you retain the product(s) and we calculate the difference between the value of the product(s) in perfect condition and the value of the product(s) in unsatisfactory condition. All refunds by us will be made to the same debit card or credit card we collected payment from; or

iii. If the repair or replacement of the product that is of unsatisfactory product(s) is not possible, we will apply a partial refund whereby you rescind the contract and return the product(s) to us at our cost and we calculate a refund that reflects the use or benefit you received from the product(s). If you have not used or benefited from the product(s), we will apply a full refund (including standard delivery fee). We will not refund the delivery fee if the product(s) of unsatisfactory quality is part of a multiple order. All refunds by us will be made to the same debit card or credit card we collected payment from.

13.3 For further information about your legal rights in the UK, please contact the Citizen’s Advice Bureau in the UK. If you are from outside of the UK, please refer to your local consumer advice centre.

14. Liability

14.1 We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to part(s) or the whole of the Website.

14.2 We will take all reasonable care, to keep the details of your order and payment secure, however, unless due to negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any information you provide about you when accessing or ordering from the Website.

14.3 We will not be liable for any losses related to any business of yours including (but not limited to) any lost profits, lost revenues or business interruptions.

14.4 You must follow any advice we provide you to keep the product(s) we supply to you safe including any instructions or manuals provided with the product(s). We cannot accept liability for damage to product(s) we have supplied to you which is caused by your failure to follow this advice.

14.5 We are only responsible for losses that are a normal or predictable consequence of our breach of these T&Cs. We will not be liable to you if we are delayed, stopped or prevented from complying with our obligations under these T&Cs by anything you (or anyone acting on your behalf) do or fail to do or due to circumstances beyond our reasonable control.

14.6 These T&Cs do not limit our liability for personal injury or death caused by our negligence.

15. Other terms

15.1 These T&Cs supersede any other terms and conditions made by us to you and any other representations or statements communicated by us to you whether written, verbal or otherwise.

15.2 You may not assign, transfer or sub-contract any of your rights or obligations under these T&Cs to any third party unless we agree in writing.

15.3 We may assign, transfer or sub-contract any of our rights or obligations under these T&Cs to any third party at our discretion.

15.4 Delays by us in exercising any right or remedy under these T&Cs does not represent, constitute or operate as any waiver of any right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver of any right or remedy under these T&Cs must be agreed by us in writing.

15.5 If any of these T&Cs are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these T&Cs shall remain in full force and effect.

15.6 Only you and we shall be entitled to enforce these T&Cs. No third party shall be entitled to enforce any of these T&Cs, whether by virtue of the Contracts Act 1999 (Rights of Third Parties) or otherwise.

15.7 These T&Cs are governed by English law. In the event of any matter or dispute arising out of or in connection with these T&Cs, you and we shall submit to the exclusive jurisdiction of the English courts.

PART C: ADDITIONAL TERMS & CONDITIONS OF SALE – PERISHABLE FOOD PRODUCTS

These Addtional Terms & Conditions of Sale refer to all perisihable food products, which include all oysters, mussels and clams shown on the Website at www.simplyoysters.com.

1. Order acceptance

1.1 By placing your order for food product(s), you acknowledge and agree that, we reserve the right, in our sole discretion, to refuse to accept your order at any time, for any reason, without any notice, and we shall accept no liability.

1.2 After you have placed your order for food product(s), we will notify you by email to confirm that we have received your order and the details of the food product(s) you ordered. This email does not acknowledge or represent acceptance of your order by us.

1.3 Our acceptance of your order for food product(s) and our completion of the contract between you and us will take place when the food product(s) is dispatched by the oyster farm(s), and we will notify you by email when the food product(s) has been dispatched. We reserve the right, in our sole discretion, to arrange for the dispatch of multiple food product(s) on your order(s) separately.

1.4 Food product(s) will remain the property of the oyster farm(s) until we have received payment in full (in cleared funds) for the food product(s) you ordered.

2. Food product information

2.1 Perishable food product(s) include oysters, mussels and clams and are prepared and packed fresh to order and dispatched by the oyster farm(s).

2.2 Food product(s) are subject to availability. In the event of food product(s) supply difficulties, we or the oyster farm(s) may substitute alternative food product(s) of equal or better quality and value at no extra cost to you without notice to you.

2.3 Prices of food product(s) may be liable to change at any time without notice.

2.4 We try to make sure that all descriptions, prices and photos of food products shown on the Website are accurate and up-to-date. However, mistakes can occur and we disclaim all representations and warranties, implied or express, that descriptions, prices and photos shown on the Website is accurate, up-to-date and/or does not infringe the rights of any third party. Please note that all colours, sizes, weights, dimensions and capacities shown on the Website are approximate.

2.5 All photos of food products shown on the Website may not be actual size. All photos of foods, accompaniments, dishes and utensils shown on the Website are only for illustration purposes and are not included unless otherwise stated in the description of the product.

3. Delivery

3.1 It is your responsibility to provide us with your correct and complete delivery address. We pass your delivery address details and chosen delivery date to the oyster farm(s) who book their own courier(s) for deliveries of food product(s) to addresses in mainland UK. These couriers do not deliver food product(s) to British Forces Post Offices, PO boxes, Scottish Highlands and Islands, Isle of Wight, Northern Ireland, Scilly Isles, or Channel Islands. Once your order of food product(s) has been dispatched by the oyster farm(s) to the courier(s) it is the courier(s) responsibility to attempt delivery of your food product(s) to your delivery address provided on your delivery date(s). These couriers deliver food product(s) on Tuesdays, Wednesdays, Thursdays, and Fridays (except bank holidays). Note: It is your responsibility to ensure that the recipient or another person will be available to accept the delivery of your order of food product(s) at your delivery address on your chosen delivery date(s) and a signature(s) may be required by the courier(s).

3.2 If you choose to provide us with additional delivery instructions for the delivery of your food product(s), please inform us of any such request at the time you place your order on our Website at checkout under "Comments" (for example, deliver to front porch), or email us at team@simplyoysters.com at your earliest opportunity. Any additional delivery instructions must be received by us prior to dispatch of your order of food product(s) by the oyster farm(s). We will make every effort to pass on your instructions to the oyster farm(s) prior to dispatch of your order of food product(s) by the oyster farm(s). Note: It is up to the courier(s) to choose whether or not to follow any additional delivery instructions. If the courier does follow any additional delivery instructions then the food products are left entirely at your own risk.

3.3 The courier(s) will attempt to deliver your food product(s) to your delivery address on your chosen delivery date(s). If no one is available to receive your food product(s) at your delivery address on your chosen delivery date(s), then the courier(s), at his/her sole discretion, may leave your food product(s): either in accordance with your additional delivery instructions (refer to Part C, 3.3), or at your address, or with a neighbour, or at a local collection point for your collection, or at their local depot for your collection, or at their local depot in order to make a second delivery attempt to your delivery address the next business day. Note: The courier(s) may be unable to make a second delivery attempt due to the perishable nature of the food product(s).

3.4 We shall be under no liability for any delay or failure to deliver food product(s) if the delay or failure is wholly or partly caused by the oyster farm(s) or courier(s) or by any other circumstances beyond our control. For example, if a delivery cannot be made by the courier you have provided us with incorrect or inaccurate information.

4. Cancellations, amendments, returns and refunds

4.1 Food product(s) such as oysters, mussels and clams are prepared and packed fresh to order, perishable and time critical.  Please note that your cancellation rights under Consumer Protection Regulations 2000 does not apply to personalised, perishable or time critical products.

4.2 If you wish to cancel or amend your food product(s) order please email us at team@simplyoysters.com immediately and we will contact the oyster farm(s) and let you know whether or not it is possible to cancel or amend your order prior to dispatch of your order of food product(s) by the oyster farm(s). You will not be able to cancel or amend your food order after preparation or dispatch of your food product(s) by the oyster farm(s).

4.3 Perishable food product(s) cannot be returned or refunded, except in accordance with your legal rights.

4.4 If you are dissatisfied with the quality of your food product(s), you must email us at team@simplyoysters.com immediately upon receipt of your delivery of your food product(s).

5. Supply/non-supply of food products

5.1 From time to time, the supply of food product(s) you ordered may be delayed, stopped or prevented for reasons beyond our control. We shall be under no liability for any delay or failure if such delay or failure is wholly or partly caused by circumstances beyond our control.

5.2 If the oyster farm(s) cannot supply the food product(s) you ordered due to supply difficulties, the oyster farm(s) should notify us as soon as possible, and we will notify and inform you by phone or email, and if we have already collected payment for the product(s) and service(s) from you we will refund you in full as soon as reasonably possible. Any refunds by us will be made to the same debit or credit card we collected payment from.

6. Food products health risk

Please consume perishable food product(s) such as oysters, mussels and clams at your own risk. Oyster farms shown on our Website are UK and EU approved and comply with UK and EU food, health and safety standards. Oysters harvested from approved waters by approved oyster farms, and packed under sanitary conditions, are usually safe for raw consumption by healthy indivduals. To reduce the risk of food-borne illness, we recommend that you cook oysters, mussels and clams to an internal temperature of 60ºC (140ºF) for a minimum of six minutes. You should not consume oysters, mussels or clams if you're in poor health (for example if you have chronic illness of the liver, stomach or blood; or you have any immune disorders); if you're allergic to oysters, mussels or clams; if you're pregnant; if you're an older person; or for very young children. If you have any doubt about whether or not you can eat oysters mussels or clams, you should consult with your doctor for advice before you eat oysters, mussels or clams. If ever you’re sick after you’ve eaten oysters, mussels or clams, you should consult your doctor for advice. For further information, please seek professional advice from your doctor or your local public health office.

 

INTELLECTUAL PROPERTY RIGHTS

Throughout this Intellectual Property Rights, the words "simplyshuck", "we", "us" and "our" refer to Jeremy Stevens and Carol Stevens T/A Simply Oysters.

"Simply Oysters" and the "Simply Oysters logo", "simplyshuck" and the "simplyshuck logo", and "Simply Oysters Club" are our Trademarks.

"simplyshuck Oyster Tray 3", "simplyshuck Oyster Tray 6", "simplyshuck Oyster Tray 12", and "simplyshuck Oyster Holder" are our Registered Designs.

All content on the Website, including, text, photos, images and designs are Copyright.

All rights reserved. Any infringements of these rights will be pursued.