1) Introduction and definition of terms
1.1) This web site is owned by Simon Company Limited D/B/A The French Deli (« we », «us », « our » or the « company »), a company registered in the British Virgins Islands under the n° 708212 Registered Office of the Company is Coverdale Trust Services Limited located in Simmonds Building. Wickham’s Cay 1 P.O.Box 4519 Road Town, Tortola , British Virgin Islands and operated by :
1.2) You are the customer and by submitting an order on this web site, you agree to the Terms and Conditions below.
1.3) « Goods » are the goods ordered by the customer using www.frenchdelibvi.com web site.
1.4) « Price » means the total price of goods. Where applicable
1.5) These Terms and Conditions will apply to any purchase made on www.frenchdelibvi.com web site.
1.6) We may update these Terms and Conditions from time to time and we recommend that you check prior to each order to ensure that you agree with them at the date of your order. If you
place an order after we have published the changes on this web site you will be bound by those
2.1) You must be 18 years or over and must complete the registration procedure to order on our web site.
2.2) You must supply us with your email address, your name and full address, your telephone and mobile phone number and any other information which would help our drivers to locate you at the time of the delivery (about your personal details, see section 9).
2.3) You must notify us of any change in these informations before placing an order on this web site.
2.4) On registration, you will receive a password by email. You can change this password at any time when logging into your account.
3) Prices and delivery charges
3.1) Except for the goods described in paragraph 3.4 and 3.5, the price of the goods will be as quoted on the web site at the time you confirm your order using the Go to Checkout/Passer votre commande button subject only to an inadvertent technical error for which we will not be liable.The price of the goods does not include the cost of delivery which will be charged at the amount specified on the website delivery schedule .
3.2) If you duplicate an order, the prices will be updated at the time that your new order is confirmed.
3.3) Promotions are offered for a limited period of time. Prices on such goods may increase when promotions are no longer being offered.
3.4) Where goods are ordered and sold by weight (some cheeses, fresh meat, fresh fish, fresh fruits and vegetables) the price shown in the items description will be the price per LB and/or the items price based on an estimated weight. The full price (whether it's more or less than a kilo) will be automatically calculated in your basket based on the item's estimated weight.
Although we give you an indicative weight guide on this website, the price you will be charged is the price for the actual weight you receive and therefore may increase or decrease.
3.5) Some goods are subject to the market fluctuations on the day of purchase (fresh meat, fresh fish, fruits and vegetables). The price of these goods will be the price on the date that they are picked for you.
3.6) For the deliveries, there is a minimum order amount of $ calculated at the time of ordering. You will not be able to proceed to checkout unless you reach this minimum. The size of your basket and the total amount of your order will be updated in your basket every time you add an item.
3.7) The price of the goods does not include the delivery There will be a delivery charges added to your invoice.
4) Purchase contract
4.1) You agree to buy goods on this web site for your personal use only, or
4.2) By clicking the Go to Checkout/Passer votre commande button, you agree to place an order under these Terms and Conditions. You will be asked to read and agree to these Terms and Conditions.
4.3) We will then confirm acceptance of your order by sending you an email to the email address you have provided to us when registering.
5.1) Payment must be made online by credit or debit card when you place your order. It will cover the cost of all goods ordered, any alternative/ substitute goods and delivery Charges . The total amount you will have to pay will be shown on the invoice provided with your delivery and this amount prevails on any other including the one given on our website the day you ordered.
6.1) We do deliver to most places on Tortola . you may phone/ email us to get information about our delivery network.
6.2) Delivery will be made to the address specified by you under the section Delivery Address/Adresse de livraison when you register on our website. It is your responsibility to make sure that your personal details are accurate. You must notify us if you move home so that we can deliver to the correct address.
6.3) Goods are subject to availability, particularly seasonal products. We cannot be held responsible if the goods you wish to purchase are not available. If so, we will try to offer you alternative goods. Alternative goods may be the same brand or similar to the goods you requested but a different weight or price. You do not have to accept alternative goods, you can tell us if alternative goods are not an option for your order .
6.4) On Tortola, there is free delivery on orders greater than $150.00, however orders less than $150.00 incur a delivery fee (See Schedule). Deliveries to our sister islands must be made by
commercial ferry. The French Deli does not add any charges for this, however the ferry companies do. The rate per box (approx. 14" x 18" x 11") is as follows: Virgin Gorda @ 3.00 per box Anegada @5.00 per box. For delivery to any other island in the BVI, please contact us to make arrangements.
6.5) We may limit the quantity of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.
6.6) We will always try to supply you with the full quantity that you have ordered. In the event
that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods. In any event, our liability will be limited to the price of the goods incorrectly delivered.
6.7) You will be informed about your delivery slot by email the day before your delivery. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. If you cannot attend the delivery, you must notify us the day before the delivery. At the time of delivery, you or someone on your behalf will be available to inspect the goods. If someone at the delivery address other than you signs for the goods, we are entitled to assume that person is authorised by you to do so.
6.8) If no one is at the address when the delivery is attempted and we have to rearrange a delivery, we will not be responsible for any loss or damage caused to the goods and we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order.
6.9) We will not be responsible for any loss or damage caused to the goods after the contract has been concluded.
6.10) We reserve the right to restrict deliveries in certain areas or to modify our delivery network.
7) Amendment of orders, returns and cancellation rights
7.1) You may amend or cancel your order by phoning our call centre (020 8772 0660) before 17H00 two working days before the scheduled delivery (Friday 5pm for Tuesday, Monday 5pm for Wednesday, Tuesday 5pm for Thursday, Wednesday 5pm for Friday, Thursday 5pm for Saturday).
7.2) In respect of non perishable goods, you have seven working days starting with the day on which the goods are received to cancel an order. Goods not returned to our driver at the time of delivery should be returned to us in their original packaging (meaning they must not be consumed, opened or damaged) at your expense within 7 days.
7.3) If your order contains perishable goods, we will not accept any cancellation after the delivery of the goods. Should you wish to cancel your order outside the cut off period set out in paragraph 7.1 we shall be entitled to charge you in full for an amount equal to the cost of the perishable goods contained in your order.
7.4) If whilst inspecting the goods at the time of delivery, you identify faulty goods you may return them to the driver and you must notify us promptly.
7.5) We will credit your account with the same value than the goods you shall return to us, subject to returning them in their original packaging and within 7 days.
8) Warranties and liability
8.1) Although the product descriptions and pictures are regularly updated, the design and ingredients may be modified by the manufacturer without notice and we will not accept liability for any incorrect information. This does not affect your Statutory Rights.
8.2) Weather conditions or events outside of our reasonable control may result in occasional late or cancelled deliveries. If that is the case we will contact you as soon as we can in order to rearrange your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered.
9) Privacy & Personal Data use
9.1) When you register with us, we will ask you to provide us with some personal information:
a) Your email address will be your registration name. We will use it to send you confirmation of your order and we might use it in order to contact you about your order or your delivery.
b) Your name and full address will be used to identify and locate you at the time of the delivery.
c) Your telephone number and/or mobile phone number will be used to give you information about your delivery slot, your order or your delivery.
9.2) We will keep record of these information so you don't need to re-enter them every time you want to place an order on this web site. We will also keep record of your purchases on our website which means that if you want to order the same goods, you can use one of your previous orders and do not have to re-enter each good.
9.3) We will not store your payment details on our website. Payment is processed through the separate gateway and you will receive a payment notification from such gateway at the time of your order. You will have to enter your payment details for every order you place on our website.
9.4) The information you provide to us are confidential and protected in the BVI by the Data
Protection Act 2019 and the General Data Protection Regulation. We do not obtain information about you from any third party. We only keep them to process your orders, deliver your goods
and keep you informed of new prices or products.. We do not sell or rent these information to any third party.
9.5) You will be able to see and amend the information you have provided to us at any time by visiting the My Account/Mon Compte link on this website.
9.6) If you wish to withdraw your personal information from our database, you can call us on …………………….or email firstname.lastname@example.org and we will proceed to the removal.
It does mean that you will not be able to place an order any more on our website unless you create un new user profile using the link Register/ Ouvrir un compte.
a) A cookie is a small text file containing information which can be placed on your computer & hard drive.
or controlling cookies is available at www.aboutcookies.org.
d) You will be able to visit our website without providing any personal information. However if
you wish to order on line, you will have to register as mentioned in section 2.
e) In any case, cookies will not store personal information about you.
9.8) In addition to paragraph 2.4, your password is personal to you. You are responsible for
keeping it secure. You must immediately notify us of any unauthorised use of your email addressand/or password.
9.9) Any change to this policy will be posted here.
10.1) 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.
10.2) These Terms and Conditions are 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.
10.3) Information on this Website is supplied for personal use only. You may not reproduce, modify, copy or use for commercial purposes any of the materials or content or pictures on www.frenchdelibvi.com website.
10.4) Photo credits ©iStock.com/ Berryspun/ Anna_Kurz/ brebca/ mamadela/ keeweeboy
10.5) We reserve the right to suspend this website without notice for repair, maintenance or othertechnical reasons.