1.1 These Terms and Conditions govern your relationship with Tuna Retail Sales Limited (a company registered in England and Wales under company number 04205084 and with our registered office at Unit 3, Loverock Trading Estate, Reading, RG30 1DZ (“Tuna”, “King Catch”, “we”, “our” or “us”) and all our orders that you may make for the food and drinks advertised for sale by us (the “Products”) via the King Catch Websites, www.kingcatch.co.uk and www.kingcatch,com (the “Website” or “Websites”). Our main trading address is Unit 3, Loverock Trading Estate, Reading, RG30 1DZ. Our VAT number is 776069491. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from us.
1.2 If you need to contact us in writing for any reason please email us at email@example.com or write to us at Unit 3, Loverock Trading Estate, Reading, RG30 1DZ.
2.1 We reserve the right to revise these Terms and Conditions from time to time. Please check periodically for changes. If you do not agree with the revised Terms and Conditions please do no order from us. These Terms and Conditions were last updated on 14 December 2013.
3.1 To order from us, you must first register with us to create an account. This is not a credit account; payment will be required upon placing your order. This account can be set up by following the ‘register’ link at the top of the Website or you will be prompted to create an account upon making your first order.
3.2 To register with us you must be over 18. By registering you confirm you are over 18.
3.3 You must ensure the details provided upon registration are correct and complete. At any time when these details change you must inform us promptly by updating your personal details.
3.5 We will email you confirming your account set up following its successful set up. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.
4. Password and Security of Account
4.1 Upon registering your personal account, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. All activities and orders made through your account or submitted under your password will be your responsibility (subject to clause 8.8 in the event of fraud).
4.2 If we have reason to believe your account has been breached or is being misused in anyway, we may require you to change your password or even suspend or cancel your account in accordance with the Terms of Website Use and Acceptable Use of Website Terms
4.3 If you choose to enable your auto login facility for your own convenience, you still remain responsible for all activities and orders submitted to your account (subject to clause 8.8 in the event of fraud).
5.Use of Our Site
5.1 Your use of our site is governed by our Terms of Website use.
6.Use of Our Site Using A Mobile Application
6.1 This clause applies (in addition to the remaining terms and conditions) when you access the websites using a mobile application:
(a) the mobile access channel is data inclusive;
(b) you are responsible for any carrier or other data charges incurred when using it.
7. How We Use Your Personal Information
8.1 We will not sell or deliver alcohol to anyone who is, or appears to be, under 18. By placing an order with us you confirm that you are at least 18 and we reserve the right not to deliver if we are unsure of this. Please refer to clause 13 for detailed information regarding the delivery process of alcoholic Products.
8.2 The steps you need to take to place on order on our Website are as follows:
(a) you must have registered an account in accordance with clause 3.1;
(b) you may pre-order up to 30 days in advance;
(c) there is a minimum spend of £20.00 (excluding delivery costs);
(d) choose your requested seafood either whole or filleted at either the price per kg or price per unit specified;
(e) choose your desired sauce or freshly made dishes from our ‘fresh from our kitchen’ section;
(f) choose your desired vegetables, herbs and/or spices from our ‘delicatessen’ section;
(g) choose your desired alcohol from our ‘wine’ section;
(h) complete the check out process;
(i) accept the terms and conditions;
(j) make payment;
8.3 By placing an order this amounts to an offer to enter into a contract to buy the Products from us;
(a) we will send to you an email acknowledging the products you have ordered, however this is not acceptance of your order.
(b) your order is accepted and a contract is created between you and us when we issue a Dispatch Confirmation to you. Alternatively we will notify you that we do not accept your order.
8.4 You may withdraw or cancel your order up until 9:00am on the day of dispatch. However if your order has already been specially sourced or processed for you on the day of dispatch you will still be charged the full amount.
8.5 Non-acceptance of an order may be the result of one of the following:
(a) the Product you ordered is not available from stock;
(b) we are unable to obtain authorisation for your payment;
(c) a price or product description error is identified as referred to in clause 10.5;
(d) you do not meet the eligibility to order criteria set out in clause 8.1.
8.6 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.7 Ordering a Product from us carries with it the obligation to pay for it.
8.8 Where there has been fraudulent use of your payment card you may cancel the payment. If payment has already been made through fraudulent use, then you should approach your card issuer to re-credit your card.
8.9 We only sell to end users and our Products are not for re-sale. You may not re-sell any of the Products.
9. How To Pay
9.1 You can only pay for Products using debit or credit card through WorldPay using a debit or credit card accepted by WorldPay and listed as acceptable in the checkout process.
9.2 Card payments will incur a transaction fee notified to you in the checkout process.
9.3 Payment is in advance of delivery. Your debit card or credit card will be charged once your order has been accepted upon us issuing a Dispatch Confirmation.
10. Price of Products and Delivery Charges
10.1 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed by issuing a Dispatch Confirmation.
10.2 The price of a Product includes VAT.
10.3 The price of a Product does not include delivery charges. Our delivery charges will be determined by those charged by the courier, used by us to deliver Products at the time you place your order.
10.4 The prices of the Products are set out on our Website. We take all reasonable care to ensure that the prices of Products are correct.
10.5 If we discover an error in the price of the Product(s) you have ordered we will inform you of this error. We will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If you discover an error in the price please contact us using firstname.lastname@example.org
10.6 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.7 Although we have made every effort to be as accurate as possible, all weighted items such as fruits, vegetables, fillets and whole fish may vary in weight from that indicated on our site and from that ordered and therefore have a 10% tolerance which means that the weight of the delivered product may be up to 10% above or 10% below the ordered product.
10.8 All Products shown on our site are subject to availability and market conditions. In the unlikely event a fresh item is sold out, we reserve the right to substitute it with a freshly frozen item defrosted within a factory controlled environment. If the item is to be substituted with a similar but different species we will contact you by email before the substitution is made.
10.9 We are required to provide country of origin information for loose and pre-packaged fruits, vegetable and fish produce. For items with more than one possible country of origin, all possible countries will be displayed. Please note that in exceptional circumstances, the actual country of origin may vary from that displayed online.
10.10 The images of the Products on our site are for illustrative purposes only and are used to help recognise the Products. Although we have made every effort to display the colours accurately within the images, we cannot guarantee that your computer displays the colours accurately and reflect the colour of the Products. As a result your Products may vary slightly from those images. Due to packaging redesign and improvements the packaging of the Products may also vary from that shown within the images on our site.
10.11 We reserve the right to freeze our fresh products in order to maintain their quality and freshness.
11.1 We deliver to all of UK mainland and Scotland (excluding the Highlands and any Scottish islands). Other exceptions include Northern Ireland, The Republic of Ireland, The Channel Islands and The Isle of Wight;
(a)we maintain and reserve the right to restrict deliveries in other certain areas;
(b)we maintain and reserve the right for any reason to withdraw our services to individual customers.
11.2You may place an order for Products from outside the UK, but this order must be for delivery to an address within the delivery locations.
11.3We will use a reputable UK based courier for deliveries. We reserve the right to change the courier or use our own vans as an alternative method for deliveries.
11.4If you place an order by 9.00am your Products will be delivered the next day (subject to clause 11.5) unless you choose an alternative day during the check out process. Deliveries will not be made during Sundays or bank holidays. Once the Products are left in accordance with the delivery instructions delivery will be complete.
11.5If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, we will contact you as soon as reasonably possible to notify you of such an event and attempt to rearrange the delivery date. Where this fails we will of course refund you the full price of the Products along with the delivery cost. Reasons beyond our control include:
(a) adverse weather conditions;
(b) vehicle breakdown;
(c) traffic congestion;
(d) supplier failure;
(e) natural disaster;
(f) strike actions;
(i) war, terrorist attack or threat of terrorist attack;
(j) explosion or fire;
12.1 At the time of placing your order you will be given three delivery options to choose from:
(a) sign upon delivery;
(b) leave the Product in a safe place; or
(c) leave the Product with a neighbour.
12.2 You may not reject delivery or ask the courier to return products.
12.3 We advise you to provide detailed delivery instructions to avoid problems. If you fail to leave suitable instructions we reserve the right to leave your order at the delivery address entirely at your responsibility and risk.
12.4 We will not be responsible where the Product is spoiled as a result of it being left at the address. You will not be entitled to a refund where Products are spoiled as a result of being left at the address.
12.5 Clause 13 applies to all deliveries that include alcohol.
12.6 Up until 9.00am on the day of dispatch you may email us to vary the delivery instructions
12.7 While the Products are left in either a location you have chosen as safe or with a neighbour it is still possible they may be lost, stolen or damaged after delivery. We do not accept responsibility if this is the case. You will not be entitled to a refund where the Products are lost, stolen or damaged.
12.8 Until the point of delivery your food will be specially packaged to maintain its freshness, taste and quality. In order to maintain the freshness you must immediately place the Product in a refrigerator or as soon as possible. We do not accept responsibility where Products are spoiled as a result of you failing to do so.
12.9 You must inspect the Products as soon as possible after delivery. If you find the Product is of non-merchantable quality you must photograph the Product immediately and email us the photograph along with the traceability number of the fresh fish found on the label of the Product. You must keep the Product refrigerated and return the product to us within 48 hours of delivery at your cost. If after our investigation the Product is found to be of non-merchantable quality we will refund, replace or substitute the Product(s) along with any postage costs of delivery and the cost of returning the Product.
12.10 Please go to our Customer Care section on our website with your queries in regards to clause 12.9 and follow the instructions. We will deal with your query as soon as possible after you have lodged the complaint.
12.11 The Products will be your responsibility from the completion of delivery.
12.12 You own the Products once they are delivered.
13.Delivery of Alcohol
13.1 We will not deliver alcoholic products to anyone under the age of 18.
13.2 In order to comply with our licencing requirements the following conditions will apply to the delivery of alcohol:
(a)no delivery shall be made if the individual accepting delivery appears under 25 and cannot produce an acceptable form of ID and the card used to pay for the order;
(b)should the recipient of the delivery become agitated when being age challenged and does not produce an acceptable form of ID then the delivery shall not take place;
(c)the delivery shall not be made if the alcohol sale appears to be intended for a minor;
(d)deliveries shall not be made to an individual who is intoxicated; and
(e)deliveries shall only be made to a full postal address, no parks, car parks etc.
13.3 You must be present at the delivery address, during your chosen delivery time to sign for the delivery. If you are unable to sign for the delivery yourself, it is your responsibility to ensure someone else over the age of 18 is at the address to do so.
13.4 During the check out process, you are asked to provide:
(a)an address of a neighbour over the age of eighteen willing to sign for the delivery; and
(b)a safe place at the delivery address to leave the order,
and we may deliver to either but will not be held responsible where the Product is spoiled, lost or stolen or accessed by a minor as a result of being left in accordance with these instructions.
13.5 You are responsible for giving us delivery instructions that ensure nobody under 18 has access to the alcohol. We will not accept responsibility if your instructions are not sufficient to prevent this from happening.
13.6 If we cannot deliver for any reason you must pay the cost of returning the Product and we may deduct that cost from any refund due to you
14.Your Consumer Right of Return and Refund
14.1 Due to the perishable nature of our Products you do not have a legal right to cancel the contract. Once the contract has been created following us sending a Dispatch Confirmation to you, you cannot cancel your order. Please seek advice from your local Citizens' Advice Bureau or Trading Standards office if you are uncertain in regards to this exception from your legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000.
14.2 If you wish to return a non-perishable item for any reason other than it not being of merchantable quality, you may do so at your own expense. We will refund the cost of the item less the original delivery cost, as long as the item is returned to us in the same condition as when we sent it to you. You have until 7 working days following delivery in order to do this.
14.3 Any refund will be made to your payment card used to pay for the order within 7 working days of confirming the refund.
14.4 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described, please refer to clause 12.9 and 12.10 above. These legal rights are not affected by the returns policy in this clause 14 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15.Warranties and Our Liabilities
15.1 Whilst we try to ensure the material included on the Website is correct, we cannot accept responsibility if that is not the case. We will not be responsible for any such inaccuracies and/or errors or for any technical problems you may experience with the Website.
15.2 We reserve the right to modify or withdraw (temporarily or permanently) this website (or any part thereof) with or without notice to you, and you confirm that we shall not be responsible for any loss caused by the modification to or withdrawal of the website.
15.3 We warrant that the Products will be of satisfactory quality and, therefore, if the Products which you purchase from us are of non-merchantable quality you should notify us in accordance with clause 12.10.
15.4 Our fresh fish are filleted on demand and we have made every effort to remove bones during this process. However, in the unlikely case of there being residual bone left within the fillet, please take care to remove it as we will not be responsible for any injury caused.
15.5 If we fail to comply with this clause 15, we are responsible for the foreseeable loss or damage you suffer as a result. We are not however, responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our failure to comply.
15.6 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we owe no responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.7 We do not in any way exclude or limit our responsibility for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e)defective products under the Consumer Protection Act 1987.
16.Nutritional And Allergen Information
16.1 We have produced nutritional information and allergen on this website for the general information of the public. It contains information gathered from various sources and although we believe it to be accurate at the time of the publication, we accept no responsibility as to the accuracy or completeness of the information.
16.2 Please be aware we handle Peanuts, Nuts and nut derivatives, Eggs, Milk, Crustaceans (Including Prawns, Lobsters and Crabs), Fish, Sesame Seeds, Cereals containing Gluten (Including wheat, rye, barley and oats), Soya, Celery, Mustard, Sulphur Dioxide and sulphites (at levels above 10mg per Kg or per litre), Lupin, Molluscs and our kitchen handles Peanuts, Nuts and nut derivatives, Eggs, Milk, Crustaceans (Including Prawns, Lobsters and Crabs), Fish, Sesame Seeds, Cereals containing Gluten (Including wheat, rye, barley and oats), Soya, Celery, Mustard, Sulphur Dioxide and sulphites (at levels above 10mg per Kg or per litre), Lupin, Molluscs during the process of making the recipes. Traces may be found within the food products.
17.Communications Between Us
17.1 When we refer in these Terms to "in writing", this will include e-mail.
17.2 To cancel a contract in accordance with your legal right as set out in clause 14.4, please go to our claim section on our website with your queries and follow instructions. We will deal with your query as soon as possible after you have lodged the complaint.
17.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Tuna Retails Sales Limited at Unit 3, Loverock Trading Estate, Reading, RG30 1DZ or email@example.com. You can always contact us using our Customer Services telephone line 01889 587799.
17.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.1We strive to ensure that the service we provide to you is to your satisfaction. In the unlikely event you have a legitimate complaint or wish to make any constructive suggestion that will enable us to serve you better:
(a)please email us on firstname.lastname@example.org
(b)or follow the procedure referred to in clause 12.10.
18.2Your complaint will be dealt with as soon as possible. We apologise for any inconvenience caused.
19.Other Important Terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and this will not mean that we will automatically waive any later default by you.
19.5 Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.