Terms & Conditions

Please read our Terms and Conditions shown below and our Privacy & Cookies Policies which apply to our website at simplyoysters.com (hereafter called the "Website") as by accessing and using the Website and/or submitting any personal information and/or placing any order for any product or service through the Website you agree to be bound by them. If you do not agree or if you are under 18 years of age then you should not access or use the Website or submit any personal information or order any product or service through the Website.

TERMS AND CONDITIONS – USE OF THE WEBSITE

1. Copyright

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

2. Ownership

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

3. Accuracy of content

We try to make sure that all content 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 does not infringe the rights of any third party.

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. 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 may place links on the Website to other websites that we think are informative and you may want to visit. However, we do not check or monitor these websites and we do not have any control over their content. 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 these websites. We cannot be responsible for any personal data that third party websites may collect, use and store. You should always carefully read the privacy policies, cookie policies, and terms and conditions of any website you visit.

6. Internet security

No transmission of data over the Internet can ever be guaranteed as completely secure. We cannot guarantee the security of any personal data sent by you over the Internet to the Website. If you use a device that is in a public location or shared, we recommend that you logout and close the website browser when you complete an online session for your security.

7. Your account security

If you have registered an online account with us, then you must keep your username and password for your online account private and secure. When creating a password, we recommend that you use at least 8 characters that include a combination of letters and numbers. Do not use your name, email address, or other personal data that can be easily obtained. We recommend that you frequently change your password as an added security measure.

8. 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 our Privacy Policy, Cookies Policy, and Terms and Conditions govern your use of the Website.

9. Only agreement

These Privacy Policy, Cookies Policy, Terms and Conditions Use of the Website, Terms and Conditions of Sale, and Intellectual Property Rights represent and govern the only agreement between you and us.

10. 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, submitting any personal information and/or placing any order for any product through the Website, you declare that you are at least 18 years of age.

11. Changes

We reserve the right to change and update these Privacy Policy, Cookies Policy, Terms and Conditions Use of the Website, Terms and Conditions of Sale, and Intellectual Property Rights at anytime and without prior notice.

TERMS & CONDITIONS OF SALE

1. Definition of products

1.1 For the purpose of these Terms and Conditions of Sale, a “perishable” food product is any food product that has been prepared, packed live or fresh to order and may include a “use by” or “best before” or similar date stamped on the label of the food product which expires 6 weeks or less from the date of delivery. Our “perishable” food products (hereafter called “seafood”) include (but is not limited to) all shellfish (for example oysters, scallops, clams, cockles and mussels), all smoked fish (for example smoked salmon, smoked mackerel, smoked trout, smoked kipper, smoked haddock, and smoked eel), and all smoked shellfish (for example smoked prawns).

1.2 For the purpose of these Terms and Conditions of Sale, a “product” is any product other than seafood. Our products (hereafter called “products”) include all utensils (for example, oyster knives, chainmail gloves and oyster trays) and all “non-perishable” foods products (for example Tabasco Red/Green Pepper Sauce, and Hawkshead Chilli Salsa for Oysters).

2. Information and photos

2.1 Information and photos on seafood and products has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally the information provided may be incorrect or incomplete due to human error or circumstances beyond our control, and we disclaim all representations and warranties, implied or express, that content shown on the Website is accurate, up-to-date and does not infringe the rights of any third party.

2.2 The prices published are in Great British Pounds. We may change prices and withdraw offers at any time and without notice.

3. Your personal details

You may need to register with us and enter certain personal details during the “checkout” process to order our seafood or products. You will be asked to enter information (for example your name, address, telephone number, and email address) and you are responsible that all such information you provide to us is true, complete and correct.

4. Age restrictions

4.1 We will not knowingly sell any products to people under 18 years of age.

4.2 We will not knowingly sell any knives and bladed items to people under 18 years of age. By placing any order for any knife, you confirm that you and the recipient of the knife are 18 years of age and over.

5. Order acceptance

5.1 Your order is an offer to buy from us. 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.

5.2 After you have placed your order, we automatically email you to confirm that we have received your completed order ('Order Completed'). After that, we will email you to confirm that we have processed your order ('Order Processed'). These emails are not an acceptance of your order by us, as we will need to check stock levels and carry out other checks. Our acceptance of your order and our completion of the contract between you and us will take place when the seafood or product is dispatched, and we will send you an email when the seafood or product has been shipped ('Order Shipped'). We reserve the right, in our sole discretion, to dispatch multiple seafood or products on your order separately.

5.3 The details of your order will be held by us. If you require any information about orders you have placed with us, you can log-in to your account through the Website or email us (team@simplyoysters.com).

6. Payment acceptance

6.1 We accept payment for orders in Great British Pounds (GBP).

6.2 We accept payment by debit and credit card, Simply Oysters vouchers (unique code applies) and subscription boxes (unique code applies).

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

6.4 All payment details are collected, processed, stored and accepted by Worldpay's merchant payment gateway system. Worldpay is approved under the Payment Card Industry Data Security Standards.

6.5 All debit and credit card payment details are subject to validation checks and authorisation by your bank, card issuer, or Worldpay.

7. Delivery

7.1 Normal delivery days for seafood orders shall usually occur between 8am and 6pm (or on very rare occasions by 8pm) Tuesday to Friday (excludes public holidays) to most delivery addresses in mainland UK (excludes Scottish Highlands, PO Boxes, and British Armed Forces) by couriers. On the day of dispatch, we shall notify you by email ('Order Shipped') of the parcel consignment number, courier company, and courier company's website details, so that you may visit the courier company's website to obtain updates on the status of your delivery, or so you may contact the courier company by phone or email to obtain further information about your delivery. After your parcel has been dispatched you must not request a different scheduled delivery date though the courier company, as any change to the scheduled delivery date will be between you and the courier company and we cannot be responsible for any such change. Whenever possible, delivery of the parcel that contains the seafood you ordered may be attempted once to the delivery address on the scheduled day of delivery specified in our email to you. We cannot promise that the courier will deliver the parcel on the delivery date specified in our email to you as this is outside of our control. On occasions parcels may be delayed in transit by the couriers, so delivery of the parcel may be made on the next business day after the scheduled delivery date specified in our email to you, or on very rare occasions two business days after the scheduled delivery date specified in our email to you.

7.2 Normal delivery days for product orders will occur Monday to Saturday (excludes public holidays) to most delivery addresses in the UK and worldwide. Whenever possible, delivery of the product you ordered will be attempted once to the delivery address specified in your order under the delivery method requested by you in your order (for example delivery by Royal Mail First or Second Class Signed For). A signature may be required by the recipient for the receipt of the parcel at the time of delivery.

7.3 It is your responsibility to ensure that you (or another responsible person) are available at the delivery address to receive and accept the parcel that contains the seafood or product you ordered.

7.4 If you (or another person) will not be available at the delivery address to receive and sign for the parcel, then, you can choose to provide us with a safe place at your delivery address where the courier can leave the parcel. You can add these delivery instructions at “Checkout” under “Add Comments About Your Order" (for example, “If no one available, leave parcel inside front porch”) and we will pass these details on to the courier company and request that they carry out your instructions. We cannot promise that the courier will carry out your instructions as this is outside of our control.

7.5 If you (or another person) are not available at the delivery address to receive and sign for the parcel on the first delivery attempt; then you agree that the parcel can be left at the safe place (refer to "Delivery" under "7.4") or another safe place at your address (which has been deemed by the courier as a safe place) or with a neighbour (unless you advised not to do so under “Delivery” under “7.4”) and the delivery is deemed as completed, received and accepted by you.

7.6 If at the time of delivery, the courier decides it is unreasonable or unsafe to leave the parcel with a person present at the delivery address or at the safe place (refer to “Delivery” under “7.4”) or with a neighbour (refer to "Delivery" under "7.5") for any reason whatsoever then you agree that the courier may return the parcel to the courier’s local depot or collection/access point and the delivery is deemed as completed, received and accepted by you. It is your responsibility to collect the parcel from the courier's local depot or collection/access point, and you should take photo identification, and a signature may be required from you at the time of collection.

7.7 In the event that the parcel has been returned to the courier’s local depot or collection/access point after the first delivery attempt and you are unable to collect the parcel from there; then, the courier may carry out a second and final delivery attempt to your delivery address on the next business day. A second and final delivery attempt shall be made at the sole discretion of the courier company, or by arrangement and agreement between you and the courier company.

7.8 All risk in the seafood or product you ordered (including risk of loss or damage) will pass to you when the parcel is delivered to you or another person at the delivery address or in a safe place (refer to “Delivery” under “7.4”) or to a neighbour (refer to “Delivery” under “7.5”) or returned to the courier local depot or collection/access point for your collection (refer to "Delivery under "7.6").

7.9 You will not hold us responsible and we shall be under no liability for any delay to deliver any seafood or product you ordered if the delay is wholly or partly caused by circumstances beyond our control.

7.10 In the event that the parcel that contains the seafood or product your ordered has not been delivered to your delivery address or to a safe place (refer to “Delivery” under “7.4”) or to a neighbour (refer to “Delivery” under “7.5”) or returned to the courier's local depot or collection point for your collection (refer to "Delivery under "7.6"); then, you shall be obligated to exhaust the complaints procedure of the courier company who is responsible for delivery of your parcel before you make any claim against us.

7.11 In the event that you have exhausted any rights against the courier company, our liability in respect of non-delivery (refer to "Delivery" under "7.10") is restricted to the price of the contents of the parcel to which the claim reflects.

7.12 Certain seafood or product may not be available for delivery to certain addresses for logistical, legal or other reasons. We reserve the right, in our sole discretion, to define what seafood or product can and cannot be delivered to certain addresses within mainland UK or overseas.

7.13 For deliveries of products outside of the UK, you or your recipient 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.

8. Minimum order

8.1 We normally require your total order (including any amendments) for shellfish (for example oysters, scallops, clams, cockles and mussels) or smoked fish to equal or exceed those shown on the website (excluding delivery fee); otherwise we may not accept your order.

8.2 We do not apply any minimum order values for products (for example, knives, gloves, trays and sauces).

9. Weight

Where seafood is sold individually by weight, the weight of these products will be expressed per kilogram or in another appropriate unit of measurement within approximate weight bands, or of an approximate size. We are unable to confirm the weight of the seafood you ordered as the actual weight can vary as the individual seafood is prepared (processed) live or fresh to order. The individual seafood will be weighed when it is packed and the final weight will be as close as possible to the weight you ordered.

10. Availability

All seafood and products are subject to availability.

11. Supply

11.1 From time to time, the supply of the seafood or product 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.

11.2 If we cannot supply the seafood or product you ordered due to supply difficulties, we will substitute the seafood or product you ordered with an alternative seafood or product of the same quality at no extra cost to you.

11.2.1 Orders for seafood need to be prepared, packed live or fresh to order and dispatched within certain time periods in order to ensure orders are available for same day collection by couriers. You agree that without notification to you we may substitute the seafood you ordered with an alternative seafood of the same quality at no extra cost to you.

12. Incorrect supply

12.1 We take all reasonable care to ensure the seafood you ordered is supplied correctly. If the seafood you received has been incorrectly supplied please notify and inform us by email (team@simplyoysters.com) immediately upon receipt of delivery of your seafood.

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

12.3 After you have informed us that the seafood you received has been incorrectly supplied we will investigate further. If we find that the seafood has been incorrectly supplied, we shall refund the difference in price between the incorrectly supplied seafood and the seafood you ordered as soon as reasonably possible. Any refund by us will be made by the same method as payment was received.

13. Cancellations, amendments, refunds, returns

13.1 All seafood is prepared and packed live or fresh to order, and is perishable and time critical. Your cancellation rights under Consumer Protection Regulations 2000 do not apply to personalised, perishable or time critical products.

13.2 If you wish to cancel any seafood you ordered, you must notify and inform us by email (team@simplyoysters.com) a minimum of two (2) business days prior to dispatch.

13.3 If you wish to amend any seafood you ordered, you must notify and inform us by email (team@simplyoysters.com) a minimum of two (2) business days prior to dispatch. We will apply the price stated to you for the seafood or product at the time we amend your order.

13.4 All seafood is packed fresh to order and perishable and cannot be returned or refunded, except in accordance with your legal rights.

13.5 If you wish to cancel or amend any product you ordered, please notify and inform us by email (team@simplyoysters.com) anytime up to two (2) days prior to dispatch. You will not be able to cancel or amend your order after the product you ordered has been dispatched.

13.6 We take all reasonable care to ensure that you are pleased with the product you ordered. If you are a consumer, if for any reason, you wish to cancel your order for the product you ordered, you must notify and inform us by email (team@simplyoysters.com) within fourteen (14) calendar days from the date you received the product you ordered. If you wish to cancel your order for the product you ordered, you must return the product to us (in unused condition and in the original packaging) at your cost within fourteen (14) calendar days of the cancellation of your order. You have a legal responsibility to take reasonable care of the product while in your possession. We will not be responsible for any loss or damage to the returned product in transit. We recommend that you use a recorded delivery service for the product you are returning to us (for example “Tracked and Signed For”). If any product being 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. If we have already collected payment for the cancelled order from you we will refund you in full (including standard delivery fee that was applied by us when you ordered the product) as soon as reasonably possible. Any refund by us will be made by the same method as payment was received. If you wish to return a Chainmail Glove to us or request we replace your returned glove with a different size to that you originally ordered, then a restocking fee of £15 applies.

14. Quality

14.1 Certain seafood which include (but are not limited to) oysters, scallops, clams, cockles and mussels are packed whole and live and couriered to your address in mainland UK. As these seafood are whole and live we are unable to inspect the meat inside. We cannot promise that these seafood will arrive whole and live as this is outside of our control. When you place an order for live or whole seafood such as oysters, scallops, clams, cockles and mussels you agree that you do so entirely at your own risk.

14.2 We take all reasonable care to ensure that the seafood you ordered is of satisfactory quality. If you are dissatisfied with quality of the seafood you received, you must notify and inform us by email (team@simplyoysters.com) immediately upon delivery of the seafood you ordered.

14.3 We take all reasonable care to ensure that the product you ordered is of satisfactory quality. If the product you received is of unsatisfactory quality, please notify and inform us by email (team@simplyoysters.com) within three (3) business days of receipt of delivery of your product.

14.4 After you have informed us that the seafood or product you received is of unsatisfactory quality we will investigate and we may request that you provide us with evidence that the seafood or product is of unsatisfactory quality (for example, we may ask that you email photos to us and return the unsatisfactory seafood or product to us) so that we and our suppliers may investigate further. If, after our investigation, we find that the seafood or product you received is of unsatisfactory quality; then, we will replace the seafood or product that is of unsatisfactory quality; or if the replacement of the seafood or product is not possible, we will apply a price reduction whereby you retain the seafood or product and we calculate the difference between the value of the seafood or product in perfect condition and the value of the seafood or product in unsatisfactory condition; or if the replacement of the seafood or product is not possible, we will apply a partial refund whereby you rescind the contract and return the seafood or product to us at our cost and we calculate a refund that reflects the use or benefit you received from the seafood or product. If you have not used or benefited from the seafood or product, we will apply a refund in full as soon as reasonably possible. Any refund by us will be made by the same method as payment was received.

15. Personalised Messages

We offer a personalised message service on certain products (for example, on our Simply Oysters Gift Vouchers and Oyster Box Subscriptions). We do not accept, permit or produce personalised messages that include content or material which:

· contravenes any applicable law (including, without limitation, any criminal law) or regulation; is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person

· misrepresents the identity of any person or impersonates any person

· contains any information that may identify another person, such as their phone number, address, or email address

· contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

· may harass, upset, embarrass or alarm any person

· gives the impression that it emanates from or has been approved by us

· advocates, promotes or assists any unlawful act.

16. Health Risk

16.1 All seafood for sale on our website and supplied are for human consumption only. Seafood supplied (includes shellfish such as oysters, scallops, clams, cockles and mussels) must not be placed or immersed in any water anywhere under any circumstances. If you require any seafood for any other purpose other than human consumption, you must email your request to jeremy@simplyoysters.com prior to placing any order.

16.2 Consume seafood supplied entirely at your own risk.

16.3 Seafood supplied is fresh, not frozen. Our guide for consumption of fresh seafood are as follows: Oysters can be eaten raw or cooked by healthy individuals. Scallops, clams, cockles and mussels must be cooked prior to consumption. To reduce the risk of food-borne illness, we recommend that you cook all shellfish (for example oysters, scallops, clams, cockles and mussels) to an internal temperature of 60ºC (140ºF) for a minimum of six minutes. Smoked Salmon, Hot Smoked Salmon, Hot Smoked Mackerel, Hot Smoked Trout, Hot Smoked Eel, and Hot Smoked Prawns can be consumed straight from the pack. Smoked Kipper must be warmed or cooked prior to consumption. Smoked Haddock must be cooked prior to consumption. Oysters, scallops, clams, cockles and mussels and smoked prawns may contain shell fragments. Smoked Fish may contain bones.

16.4 You should not consume any seafood if you are in poor health (for example if you have chronic illness of the liver, stomach or blood; or any immune disorders), or if you are allergic to any seafood, or if you are pregnant, or if you are an older person, or for very young children.

16.5 If you have any doubt about whether or not you can consume any seafood, you always should consult with your doctor for advice before you consume any seafood. If ever you’re sick after you have eaten seafood, you should consult your doctor for advice. For further information, please seek professional advice from your doctor or your local public health office.

16.6 If you are in any doubt whatsoever as to whether or not you should consume seafood, then please do not consume any seafood.

16.7 Open or shuck oysters entirely at your own risk. Please carry out your own research on how to shuck oysters. For example, you can choose to watch reputable videos on www.youtube.com that show how to shuck oysters safely using a quality oyster knife and chainmail glove. Alternatively, you can open oysters by grilling them in the oven, after a few minutes the shells will open, and you can pry them open with a normal blunt bread and butter knife.

17. Our Liability

17.1 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 or the whole of the Website.

17.2 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 personal information provided by you when accessing or ordering from the Website.

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

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

17.5 We disclaim all liability for and consequential loss arising from, or in connection with, the services supplied by any supplier, or any courier company or its agents. For the purpose of these Terms and Conditions, “consequential loss” shall include, but not be limited to: economic loss; loss of profits; losses incurred by any third party; loss of revenue; loss of goodwill and reputation; loss of opportunity; and loss of work.

17.6 These Terms and Conditions do not limit our liability for personal injury or death caused by our negligence.

17.7 For 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.

18. Other Terms

18.1 These Terms and Conditions 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.

18.2 You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.

18.3 We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.

18.4 Delays by us in exercising any right or remedy under these Terms and Conditions 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 Terms and Conditions must be agreed by us in writing.

18.5 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms and Conditions shall remain in full force and effect.

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

18.7 These Terms and Conditions are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, you and we shall submit to the exclusive jurisdiction of the English or Wales courts.

18.8 We revise our Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that a contract is formed between you and us as set out above.

INTELLECTUAL PROPERTY RIGHTS

1.1 “Simply Oysters” is our Registered Trademark.

1.2 “Simply Oysters Oyster Tray" are our Registered Designs.

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

DISCLAIMER

Some information contained in this website provides information on seafood, how to store seafood, as well as recipes and oyster utensils. We do not make any warranties about the completeness, reliability and accuracy of information provided on this website. Any action you take upon the information contained in this website is entirely at your own risk and we will not be liable for any losses and damages in connection with the use of our website. None of the authors, contributors or administrators or anyone else connected with Simply Oysters in any way whatsoever can be responsible for your use of the information contained or linked from these web pages.

Updates

Any changes we make to these Terms and Conditions will be posted on the Website and where appropriate notified to you by email. Please visit these Terms and Conditions regularly.

These Terms and Conditions were last updated in April 2022.

If you would like to contact us about our Terms and Conditions, please email us at team@simplyoysters.com

About Us

The website at simplyoysters.com is owned and operated by Jeremy & Carol Stevens T/A Simply Oysters. Our VAT number is 351982578. Our email address is team@simplyoysters.com. Our phone number is 07806773526. Our postal address is: Simply Oysters, C/- 6 Ribblesdale Place, Chorley, Lancashire, UK, PR7 1LT.

Customer Service

If you have any enquiries, please email us at: team@simplyoysters.com