Terms & Conditions of Website Use & Sale
Please read these Terms and Conditions of Website Use and Sale carefully as they contain important information relevant to your use of the Website. If you do not agree to be bound by these Terms and Conditions of website use and sale, please do not register for, or use the Website. Please note that to purchase any of the Products; you are first required to register as an authorised user on the site.
1. Use of the Website
1.1 You are provided with access to the Website in accordance with these Terms and Conditions free of charge. By using the Website you agree to be bound by these Terms and Conditions as amended from time to time. Without prejudice to the foregoing, you will be asked to confirm your acceptance of these Terms and Conditions upon registration.
2.1 Cooksmill reserves the right to amend these Terms and Conditions at any time without any prior notice and you should therefore review them as often as possible.
3.1 You must be aged 18 years or over and have completed our registration process before you can make purchases from the Website. You must ensure that the personal details which you are required to provide when you register on the Website or at any other time are accurate, current and complete in all respects and you must inform Cooksmill immediately of any changes to that information by updating your personal details either on the Website or by contacting Customer Services.
3.2 By registering with Cooksmill you are automatically opted in to receive our marketing materials. If you wish to opt out at any time you can follow the link provided in the e-mail or call our customer services team who will remove you from the mailing list.
4. Password/Account Security
4.1 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Cooksmill shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. We therefore suggest that you change it regularly by logging into your account.
4.2 To avoid any delay to your order please ensure that your personal details are up-to-date and inform us immediately of any changes to the information that you provided when registering.
5. Limitations of use
5.1 You may not use the Website for any unlawful or unauthorised purpose, including without limitation, in the following ways:
(a) Distributing any unlawful, libelous, abusive, threatening, harmful, obscene, or otherwise objectionable material; and/or
(b) Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice, gaining unauthorised access to other computer systems or interfering with any other person's use or enjoyment of the Website.
5.2 If Cooksmill has any reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or may suspend your use of the Website.
6. Placing your order
6.1 Orders can only be placed or cancelled by you if you have registered with us in accordance with the terms set out above. No other person may place or cancel orders with us on your behalf.
6.2 Your order is an offer to buy any Product or Products from us and is subject to acceptance by us. There will be no contract between you and Cooksmill for the supply of any products unless and until we accept your order.
6.3 Our acceptance of your order will only take place when we debit your payment card with the price of your order and Cooksmill have sent to you an e-mail confirmation. The contract between you and Cooksmill is deemed to have been made at the place from which this confirmation e-mail is sent to you.
7. Product Availability
7.1 The supply of Products to you is subject to availability of those Products. Cooksmill reserves the right to withdraw Products from sale without any notice.
7.2 Special order items (not stocked in store) are subject to a restocking charge of up to 25%.
8. Pricing Information
8.1 All prices are exclusive of VAT. Details of the total price, and the total amount debited from your payment card, will be sent by e-mail confirmation once your order has been processed. The total cost of your order is the total final price of the Products ordered plus any applicable delivery charge as set out on the Website. All prices quoted are in British (Sterling) Pounds.
9. Product information
9.1 We endeavor to ensure the details on our website are accurate, recent and reliable. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies including,without limitation, photographs and/or other images of the Products, and we therefore make no warranty in that regard.
10. Paying for your goods
10.1 You can pay for products purchased from us by using any of the credit or debit cards displayed on the payment pages of the Website. We do not accept any other cards or any other method of payment. You must give us authority for payment at the time of order although your account will not be debited until your order is processed for payment. Ownership of the Products will not pass to you until your card has been debited. You confirm that the credit or debit card that is being used for payment is yours. All cardholders are subject to validation checks and authorisation by the card issuer. We will not deliver any products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any consequent delay or non-delivery.
11. Delivery of Products
11.1 We deliver products to all UK postcodes, and we will aim to deliver orders accepted within  working days (standard delivery). Deliveries are made Monday to Friday between the hours of 8am and 6pm (except Bank Holidays). We will endeavour to specify a time for the delivery. Delivery options are available for weekend deliveries. Deliveries to more remote areas may carry an additional delivery charge.
11.2 At exceptionally busy times we would send you an e-mail if we are experiencing problems with your order.
12.1 Computer Equipment and Charges - The services provided by Cooksmill do not include the provision of computer or other equipment required for accessing the website. We cannot guarantee that your use of the Website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and to screen out anything that might damage it. We shall not be liable to any person for any loss or damage that may occur in relation to computer or other equipment as a result of using the Website. We shall not be liable for any telephone or other costs that you may incur in accessing the Website.
12.2 Website Errors -Although Cooksmill aims to offer you the best possible service, and makes every effort to ensure that the website is free from viruses or defects, we cannot guarantee that the Website services will always meet your requirements or be fault free. If a fault occurs in any of the Website services you should report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.
12.3 Website Access - We cannot guarantee a continuous, uninterrupted Internet presence especially where maintenance, repairs, modifications or upgrades to the Website have to be carried out, or in circumstances beyond our control. We reserve the right to alter or withdraw the Website at any time without notice. We reserve the right to terminate your ability to order via the Website if your conduct is found to be inconsistent with these Terms and Conditions or on any other reasonable grounds. On termination you must immediately stop using the Website. The Website is directed solely at residents of the United Kingdom(England, Scotland, Wales and Northern Ireland).
12.4 We do not seek to limit or exclude our liability (and no provision of these Terms and Conditions shall be interpreted as seeking to limit or exclude our liability) in respect of:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) for any other matter which it would be unlawful or illegal for us to seek to limit or exclude our liability for (including, but not to, under section 12 of the Sale of Goods Ac 1979 (as amended)).
12.5 This clause, 12.5, shall be subject to clause 12.4. We make no representation that the purchase or use of any of the products is appropriate or legally permitted elsewhere. To the fullest extent permitted by law, we disclaim all warranties(express or implied) as to the accuracy of information contained in any of the material on the Websiteand we shall not be liable to any person for any loss or damage arising fromthe use of any of the information contained in any of the materials on theWebsite. To the fullest extent allowed by applicable law, you agree we shallnot be liable to you/or any third party for any delay in delivery, loss ofrevenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data nor for any special indirect or consequential orincidental damages or any other costs expenses or other claims whatsoever thatarise out of or are related to the Website or the Products. In all othercircumstances, our liability shall be to the value of the priceactually paid by you for the order giving rise to a claim.
12.6 Third Party Links
Certain links on the Website may lead to other websites that are not under our control. When you activate this kind of link you will leave the Website, and we will not accept any responsibility for any material on any website which is not under its control. The content of all advertising and or sponsorship material on the website is the responsibility of the relevant advertiser and/or sponsor.We will not be responsible for the accuracy or otherwise of any such material on the Website. We will not be responsible for any breach of these Terms and Conditions that is caused by circumstances beyond our reasonable control.
12.7 Website access from outside of the UK - We do not make any promise that materials on the website are appropriate or available for use outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the website from outside the United Kingdom you do so at your own risk and are fully responsible for ensuring compliance with local laws if and to the extent that local laws are applicable.
13. Reservation of Intellectual Property Rights
13.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in Cooksmill or its licensors.“Cooksmill ”, “Cooksmill” and all other names, images, pictures, logos and icons identifying Cooksmill or its services are, unless otherwise stated, trademarks or trade names of Dadibhais(Bradford) Limited. in the UK and other countries. Other Product and company names mentioned in the website may be trademarks of their respective owners. All intellectual property rights in the design, content and arrangement of the website (including its text and graphics, all software compilations or underlying source code, and all other material on the Website) are reserved to Dadibhais (Bradford) Limited, its affiliates or content and/or technology providers. You may print or copy parts of the website in connection with ordering products from us but you may not use any materials contained in the website for any other purpose.
14.1 You agree to fully indemnify, defend and hold Cooksmill 's officers, directors,employees, agents and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses including reasonable legal fees and/or settlement sums reasonably suffered, incurred or paid by us arising out of any:
(a) Breach of the Terms and Conditions by you or any other person accessing the Website using your password and/or your personal details;
(b) Claim by a third party that your use of the Website is defamatory, abusive or offensive, is of an obscene or pornographic nature, is illegal or constitutes a breach of any applicable law, regulation or code of practice;
(c) Claim by a third party that your use of the Website infringes that party's intellectual property rights of whatever nature; and
(d) Penalties imposed by any regulatory authority in connection with your use of the website.
15. Miscellaneous provisions
15.1 You may not assign,sub-license or otherwise transfer any of your rights under these Terms and Conditions without our prior written permission. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this fact, we will still be entitled to use its rights and remedies at a later date or in any other circumstances where you breach the Terms and Conditions. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. These Terms and Conditions represent the entire agreement between you and Cooksmill in relation to the purchase by you of the Products from us and supersede all prior agreements, arrangements and undertakings between you and us relating to the purchase by you of the Products from us. Nothing in these Terms and Conditions shall operate to exclude or limit our liability for any fraudulent misrepresentation.
16.1 Notices may be served by personal delivery or by first class post or by facsimile. Notices shall be deemed to be served on delivery when delivered personally; or on receipt of a printout confirming due transmission when transmitted by facsimile; or two (2) days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed.
17. Customer Service contact details:
VAT NUMBER: GB 557-073-628