Terms of service

1 Overview

1.1 Welcome to Papabrowne’s website Terms and Conditions page. By using this website you agree to be bound by the terms and conditions set out within it. Nothing in these terms and conditions affects your statutory rights as a consumer or otherwise.

2 How to contact us

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by e-mail, hello@papabrowne.com , or call us on +44 7366 179209 between 9am and 5pm, Monday to Friday.

3 These terms

3.1 These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. 

3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Rarraba Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

3.4 You must be at least 18 years old and a resident of the UK to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such an order for and on behalf of that business.

3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

3.7 Your use of our site is governed by our Privacy Policy available here: www.papabrowne.com/policies/privacy-policy. 

4 General terms

4.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

4.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

4.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

4.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

4.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these Terms.

5 Orders

5.1 Please check your order carefully and correct any errors before you submit it to us.

5.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy goods from us on these terms.

5.3 Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.

5.4 If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the goods, we will email you using the details you provided when you placed your order. Wehave the right to reject any order for any reason.

6 Availability

6.1 All orders are subject to availability.

6.2 We cannot guarantee that any goods will be available at any given time. 

6.3 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain goods. If this happens and it affects your order, we will notify you by email, cancel your order and:

6.3.1 in respect of any affected goods, provide you with a full refund (including any delivery costs, if applicable).

7 Making changes to your order

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

8 Delivery of goods

8.1 We will deliver your goods to the address specified by you when you place your order.

8.2 We send goods by overnight carrier to destinations on the GB mainland only. We can deliver to your home or place of work, and to the home or workplace of your relatives, friends, colleagues or business associates. You must supply a complete postcode and mobile telephone number for every delivery address. 

8.3 We can deliver on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays. The recipient will receive a text message with details of the expected delivery time. If you do not want the recipient to receive this message, you must put your own mobile phone number, but please be aware that, if you put the recipient’s number, our courier will not only be able to let them know the approximate delivery time, they will also, if necessary, be able to send a photo of where the parcel has been left.

8.4 Because some of our products are perishable, we must have an alternative delivery instruction for any private address, such as “Leave in a safe place / on the porch/on step/with a neighbour”. This is particularly important if you are sending a surprise gift.

8.5 Please take great care when stipulating delivery locations, addresses and dates, because, once these have been entered and you have received a confirmatory email, they cannot be changed.

8.6 If you have questions about the delivery of your order, after it has been dispatched, you may call us on +44 7366 179209, Monday to Friday, 9am to 5pm.

8.7 If no one is available to take delivery, we will post an attempted delivery notification through your letterbox with information on how to re-arrange delivery OR follow the delivery instructions you provided to us (eg leaving it in a specified safe location or delivering it to a neighbour or nearby business) and post a delivery note through your letterbox OR email you to let you know where we have left your package. If a further delivery attempt is unsuccessful OR we are unable to follow your delivery instructions, we will notify you by email, cancel your order and refund you the price of the goods (but not the delivery charge).

8.8 Please examine the goods as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.

8.9 Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.

9 Substitution Policy

9.1 PapaBrowne reserves the right to substitute an item with another item of equal or greater value than the original or issue a refund for the product. In these circumstances, we will make every effort to ensure that the style and quality of the substitution is as similar to the original item as possible.

9.2 We may also select a replacement item if we believe it is in keeping with a particular theme of one of our selection boxes.

9.3 In instances where we believe we must make a substitution; we will make every effort to notify you of this ahead of time. Where this is not possible, we will enclose a note of explanation in your order.

10 Delivery dates and costs

10.1 For information on delivery options and costs, go to www.papabrowne.com.  You will be given available delivery options to choose from when you place your order.

10.2 Your goods will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order. We will deliver your order within 30 days of the order confirmation email unless otherwise agreed between you and us.

10.3 Any delivery dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates, unless we have agreed a specific delivery date with you.

10.4 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

11 Prices

11.1 Prices for our goods are set out on our site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate but exclude delivery charges. For information on delivery options and costs, go to www.papabrowne.com .

11.2 Prices for our goods, as well as delivery charges, may change at any time. Except as set out in the clause below, such changes will not affect existing orders.

11.3 If there has been an error on the site regarding the pricing of any of our goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

12 Payment

12.1 We accept the following credit cards and debit cards: Visa Card, Mastercard, American Express and Maestro card. You can also pay by PayPal, Apple Pay, Google Pay, and Shopify Pay. All credit card and debit card payments need to be authorised by the relevant card issuer.

12.2 Any goods you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.

12.3 If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

13 Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

14 Our liability to consumers

14.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

14.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

14.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

15 Waiver

15.1 If you breach our Terms and Conditions, and we take no action with regard to that breach, we shall still be entitled to use our rights and remedies in other situations where you are in breach. 

16 Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here: www.papabrowne.com/policies/privacy-policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

17 No third party rights

No one other than us or you have any right to enforce any of these Terms.

18 Governing law and jurisdiction

If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

18.1  

If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).