Terms & Conditions


1.1 The Supplier shall have the right to decline to accept any Orders placed for Products.

1.2 The Customer shall be responsible for the accuracy of an Order and for giving the Supplier any information necessary for the Supplier to fulfil the Order.

1.3 Upon placing an Order the Customer has offered to purchase Products from the Supplier. No act performed by the Supplier will constitute formation of a contract until an item is despatched to the Customer.

1.4 The Supplier will, however, confirm the placement of an Order by sending the Customer an email to the designated email address given by the Customer upon placement of the Order.



2.1 The Supplier will use reasonable commercial endeavours to deliver the Products by any time or date agreed with the Customer and in the quantities required by the Customer, but time and delivery shall not be of the essence of any Contract for the supply of the Products and in the event of the Supplier’s failure to meet such date for any reason, the Supplier shall not be liable for any loss or damage suffered by the Customer as a result, nor shall this constitute a breach or repudiation of these Conditions.

2.2 The Supplier shall not be required to fulfil Orders for Products in the sequence that they are placed.

2.3 The Supplier will make all reasonable attempts to deliver the Products to the Customer’s address on the delivery date. The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.




3.1 The Price of Products and the cost of delivery of those Products shall be those ruling at the date the Products are purchased as set out on the Web Site.

3.2 Time for payment shall be of the essence and shall be made via the Web Site at the time of placing the Order.

3.3 No Orders will be dispatched until payment of the Price and any other charges is made in full to the Supplier.

3.4 Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.

3.5 VAT is payable by the Customer at the rate prevailing on the date of the invoice and is included in the Price set on the Website.



4.1 Details and/or specifications on the Web Site and price lists produced by the Supplier are intended as a guide only and give a general approximation of the Products.

4.2 The Supplier reserves the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse affect on the quality and/or performance of the Products.



5.1 Unless previously agreed in writing, any dates quoted for delivery of the Products are approximate only.

5.2 The Supplier shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence unless previously agreed in writing by the Supplier.

5.3 On giving reasonable notice to the Customer, the Products may be delivered to the Customer in advance of the quoted delivery date.

5.4 Responsibility for charges for deliveries to addresses outside the United Kingdom may vary and will be subject to agreement between the parties at the time the Customer places an order.

5.6 Only when the Supplier has received payment in full will title to the Goods pass to the Customer.

5.7 All risk of loss or damage to the Goods shall pass to the Customer on delivery.



6.1 The Supplier will replace free of charge any Products in which risk has passed to the Customer if they are damaged or lost due to the neglect or default of the Supplier, its employees or other representative.

6.2 In any event the Customer, if purchasing as a consumer, is entitled to a statutory period in which to return the Products even if they are not defective. The right to cancel any order may be exercised up to seven days after the Products are received by the Customer.

6.3 The Customer must inform the Supplier by e mail to info@whalesboroughcheese.co.uk giving the order details

6.4 The Customer will be responsible for the cost of returning the goods to the Supplier



7.1 The Supplier agrees that it will replace defective Products within a reasonable time of being notified by the Customer of the defect.

7.2 If the Customer notifies a defect in the Products to the Supplier then:-

-The Supplier reserves the right to inspect the Products; and/or

-To require the Customer to return the defective Products to the Supplier for inspection at the Customer’s cost and if the Products shall prove to be defective then the Supplier shall reimburse the Customer for the cost of returning the defective Products.

7.3 The Supplier shall have no liability to the Customer if the Price for the Products has not been paid in full.

7.4 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no liability to the Customer.

7.5 The Supplier’s liability to the Customer shall not exceed the value of goods ordered.



8. 1 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Supplier and the Customer. The Supplier’s employees or agents are not authorised to make any representations concerning the Products unless confirmed by the Supplier in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

8. 2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Supplier shall be subject to correction by the Supplier without any liability on the part of the Supplier.

8. 3 Time is not of the essence in relation to the performance of the obligations of the Supplier under these Terms. Notices between the Customer and the Supplier relating to these Terms shall be in writing. Notices shall either be delivered personally or sent by first class post or fax to their registered office. Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by fax when sent.

8. 4 These Terms are the entire agreement between the Customer and the Supplier and replace all previous agreements between them relating to the same subject matter.

Neither the Customer nor the Supplier shall be liable if it breaches these Terms as a result of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party.

8. 5 Nothing in this agreement creates a partnership or employment relationship between the Customer and the Supplier or makes one party the agent of the other.

These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).

8. 6 Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

8. 7 Customer and Supplier shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal and enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid, illegal or unenforceable provision.

8. 8 The laws of England and Wales shall govern these Terms. The Customer and the Supplier agree to submit to the exclusive jurisdiction of the courts of England and Wales.



9.1 To the extent that the Supplier keeps and hold any personal information about the Customer it will be held by the Supplier for the purposes of processing any completing Orders and to provide the Customer with information about offers being made by the Supplier.

9.2 The Supplier will not divulge Customer information to any third party except where it is necessary for the purposes of processing and fulfilling Orders, or as is required by law.

9.3 If the Customer does not wish to be informed of any offers or receive any newsletters being made by the Supplier please email info@whalesboroughcheese.co.uk

9.4 The Supplier does use cookies in order to assist in the processing of Orders via the Web Site. They will not be used for any other purpose.



10.1 All intellectual property rights relating to the Web Site are and shall remain the property of the Supplier.

10.2 The Supplier grants to the Customer a non-exclusive non-transferable licence to use the Web Site for the purpose of browsing for Products and/or purchasing products The Customer agrees that it will not itself, or through a third party:

-Copy the Web Site, except as is necessary for use of the Web Site as set out in these terms and Conditions.

-Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Web Site except as permitted by law;

-Write or develop any derivative or other software programs based, in whole or in part upon the Web Site.

10.3 The Customer may link to this website if the Customer or any third party wishes without our permission but must link to the homepage and not deep link into the site. The Customer or third party may also use any information contained in this Website as long as the Supplier’s ownership is acknowledged.

10.4 However if the Customer does link to the Web Site the person so linking ownership agrees that they will indemnify the Supplier in full if any action is taken against the Supplier by any party, or even by the person linking, by virtue of the link created. If a link is created to this Web Site, any use is subject to these Conditions.



If the Customer has any query or wishes to serve any notice pursuant to these Conditions or make any complaint then communication should be made to info@whalesboroughcheese.co.uk