Sizzle Consumer Purchase Terms
These Terms and Conditions were most recently updated on 24 November 2015. Please see clause 4.7 for the most recent changes that have been made.
1. Purchase Contract
1.1 This website is operated by Speciality Stores Limited as Sizzle ("Sizzle", "we", "us" or "our"). By using the sizzle.co.uk website you are bound by these terms and conditions. All use and purchases made on this website are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.
1.2 We sell goods only to end-users.
1.3 We will confirm acceptance of your order placed on sizzle.co.uk. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. At the point of acceptance the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 Unless you have requested not to be contacted by text message, if you have placed an order for delivery two or more days in advance then we will endeavour also to send you a text message on the day of your order reminding you of the scheduled delivery time of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten.
2. Price and Delivery Charges
2.1 The price of the goods will be as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.
2.2 The prices stated on the website will be inclusive of any VAT payable.
2.3 If Sizzle makes an error in advertising the price of the goods on the website, it shall reserve the right to cancel any orders you place for such goods.
2.4 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.5 If you are adding your order from sizzle.co.uk to an order from ocado.com, then the minimum order requirement of £40 (or £90 if clause 2.6 below applies) will apply to the order from ocado.com, and there will be no further minimum order requirement in respect of the goods you purchase from sizzle.co.uk.
2.6 The £40 minimum spend at ocado.com does not apply during the Christmas period, whereby the minimum order requirement will be £90 (excluding delivery charges). The Christmas delivery period is from 20 December to 24 December inclusive. The Christmas delivery charges will be the charges applicable at the time (as determined by Sizzle in its sole discretion).
3. Methods of Payment
3.1 Payment may be made by debit, credit or charge card and some business account cards. We also accept payment by Sizzle Vouchers. No other vouchers or "money off" coupons will be accepted towards payment of an order. Any refunds arising from an order paid for by vouchers shall be given in Sizzle vouchers. You cannot pay for your order by cash or cheque.
3.2 The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. This is done by 'reserving' £1 against the card you have used for payment. That £1 is not spent by you until we 'debit' your card with the full price of your order, and the latter happens on the date on which we allocate your products to you, which may be in advance of the date on which we deliver your order. At this point we will send you an email which contains your receipt. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery options will be shown throughout your order process and will be available through our own delivery network or (for certain items) by courier. Delivery days and times will be as specified on the delivery booking page on the website and will be made to the address specified by you when you register on the website. You have the ability to change this address through the "Account Settings" feature on the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us in accordance with the Sizzle Returns Policy (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us in accordance with the Sizzle Returns Policy. You will not be charged for any incorrect goods that you wish to return or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. Subject to clause 4.7 below, if no one is at the address when the delivery is attempted the goods may be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.6 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
4.7 Sizzle and its agents and subcontractors will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct Sizzle to leave a delivery unattended at your address or with a neighbour, Sizzle expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or within a specified temperature range.
4.8 Deliveries are limited to 1 delivery per day.
4.9 The Christmas delivery period is from 20 December to 24 December inclusive. During this period you are able to book a maximum of 2 deliveries, of which no more than 1 can be booked for delivery during the period 23 - 24 December.
5. Defective Goods
5.1 We guarantee the quality of our goods and allow you up to two years to return products that are defective, at our cost, for a full refund. Please see the Sizzle Returns Policy for further details.
5.2 Subject to clause 8.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6. Cancellation Rights
6.1 Subject to clause 6.2, you have the right to cancel the contract at any time until the expiry of the 28th day after the date of delivery of the goods by notifying us by telephone or e-mail.
6.2 In the case of personalised, made to measure or perishable items you do not have the right to cancel the contract. Should you wish to cancel your order prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the personalised, made to measure or perishable items contained in your order.
6.3 We will arrange with you for cancelled goods to be returned to us, and we will endeavour to credit your payment card with the price of such goods within three working days from the day on which notice of cancellation was given, and in any event, within 30 days of receiving notification of your cancellation. If you elect to return the goods by post, you must cover the cost of postage. Please see the Sizzle Returns Policy for details as to how to return your items.
7. Warranty and Liability
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2 In addition to paragraph 4.5, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 8.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8.1 To help us ensure the best possible service some telephone calls will be recorded.
8.2 In assessing your request for delivery of goods from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9. Customer Complaints
9.1 Any Customer complaints should be addressed to our customer service team (email@example.com or 0330 123 0022).
9.2 Complaints can also be made through http://ec.europa.eu/consumers/odr. Ocado does not participate in any ADR scheme.
10. Special Offers, Promotions and Competitions
11.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through sizzle.co.uk, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the sizzle.co.uk website without Sizzle's prior written permission. Sizzle may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the sizzle.co.uk website.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.Sizzle is a trading name of Speciality Stores Limited. The registered company address for Speciality Stores Limited is Aquarius House, Bessemer Road, Welwyn Garden City, Hertfordshire AL7 1HH. Registered in England. Company registration number: 9158618.