Terms and Conditions
2. Use of Website
To Register with bluemountainpeak.com and purchase products from our website you must;
- be 18 years of age and over
- ensure that all details provided by you on registration or at any other time are correct and complete
- inform us immediately of any changes to the information provided when registering by updating your personal details
- give us your real name, address, phone number, email address and any other details requested to process your order
2.2 We reserve the right to:
- decline a new customer registration or suspend a customer's at any time at our discretion
- terminate your access to all or part of the services with or without notice
- discontinue all or part of the website with or without notice
We reserve the right to change the website and update these Terms and Conditions from time to time and publish the updated version. Please check prior to using our site or placing an order, for any changes and that you understand the applicable Terms and Conditions If you do not agree with any of the revised Terms and Conditions please do not order from us or continue to use our website. If you continue to use our website or place subsequent orders then you are agreeing to the new Terms and Conditions.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute products should selected products be unavailable, unless you request for us not to do so. A full refund will be given where the products have already been paid for.
Although we will always try to cater for your orders, an order of large quantities of an item can only be fulfilled at the discretion of the store. For example, if you were to make an order of 20 bottles of a Sauce which would use up all that store's stock, the store may only deliver 10 bottles.
4. Pricing, Descriptions and Product Information
The price of a product is that which is displayed on the website at the time of placing the order (plus a delivery charge). Our website has large number of products and despite all of our efforts it is always possible that a listed product could be priced wrongly. If the correct price of the product is higher than the price stated on the website, then we are under no obligation to supply the product at this price. Should this be the case then you will be advised as soon as possible and given the option to reconfirm the order at the correct price or cancelling it. Should be we unable to contact you then the order will be treated as cancelled.
The prices visible on the website are only representative of the products sold via the website and may differ to our in store pricing. All prices are shown in Great British Pound (GDP, £) and where applicable inclue VAT.
4.2 Description and Product Information
We take all reasonable care to ensure that all prices, details, descriptions and product informatin appearing on the website are correct at the time being inputted onto the system, but the information appearing on the website at any given time may not reflect the exact information at the time of placing the information.
Please be aware that the appearance and colours of our products may vary slightly from the appearance given on the site and we cannot guarantee that the product on delivery will reflect it's appearance on your monitor. All sizes, measurements and dimensions are approximates and every effort has been taken to ensure that they are as accurate as possible.
5. Placing an Order and Acceptance
The placing of an order is an offer to buy from us and a contract is only formed once the order has been despatched. At any point until then, we may decline the order and the supply of the goods. The order acknowledgement email and order number do not confirm the order and are not an acceptance from us. Where items are despatched seperately, our acceptance of the order takes place for each item at time of despatch.
Payment shall be taken from your card at the time of receiving your order and once the card details and stock availability have been checked. Payment must be made by a valid debit or credit card acceptable to us. The address at which the card is registered must be the same as your billing addres and a new payment card can be registered at any time, but the card used for a given order cannot be changed once you have check out. The name, address and other personal information supplied during the plaing of an order will be validated using a third party database to ensure that the card is not being used without your consent. By agreeing to these terms and conditions you are giving consent to such checks being carried out.
We send out all parcels within the UK and around Europe via UK Mail our reputable courier partners. Orders placed for delivery within the UK, Ireland and Scottish Highlands are all sent out on a Next Business Day Delivery service for all orders placed before 12pm. Pricing of delivery shall be charged at the time of check out according to the shipping weight of the items and order amount. At time to time promotional offers may allow for a reduced delivery charge or free delivery. Delivery shall be made to the registered delivery address, or the address given when the order was placed by you. Orders are usually dispatched within 24 hours, however on some occasions it may take longer for the products to be dispatched.
Due to the delivery time taken for International deliveries only Non-perishable products can be ordered. In such a case where perishable products have been placed into an order, the order will be dispatched without the perishable products and not charged for.
As long as we have processed and received the payment in full for the products, the ownership of the items will pass on to you once the items have been delivered to you (either directly, by leaving it in a safe place or with a neighbour). Once an item has been delivered, risk of loss or damage of the item passes over to you. We will require for the products to be signed for on delivery by an adult of the age of 18 and over, and it will be taken that consent has been given to this person to sign and take collection of the goods. If in any circumstances the courier service provider confirms a delivery time with yourself and nobody is available at the agreed time, then the goods may be returned to us and we are entitled to charge you for any perishable goods and a return to sender delivery charge of £5.
If the courier company attempts to deliver your order to the delivery address as arranged with you but there is nobody at the delivery address who is 18 years of age or over to accept your order, the driver will leave notification of attempted delivery and will try to make a second delivery attempt. In this case we cannot guarantee the quality of any perishable goods in the order.
Whilst we take every care to ensure that the products are delivered in a given time frame we do not accept any liability if we fail to do so in part or in full due to circumstances being out of our control.
For a full list of our delivery charges please see our Shipping charges.
8. Returns, Refunds and Cancellation
If you have changed your mind about an order then you have the right to cancel it. Cancellation of an order can be made prior to the order being despatched and full responsibility of the cancellation remains with yourself to inform us of it.
We do take care to make sure that all our goods reach you in perfect condition but if for any reason you would like to return some or all of your non-perishable goods then you are entitled to do so, and we would be happy to refund or replace the items for you. Unfortunately due to the shorter life span, perishable goods cannot be returned or replaced. In the event that you do wish to return non-perishable items, we must be notified by either email or phone. The items must be returned unopened, in their original packaging within 7 working days from the delivery date. Once we have been advised of the return or good, arrangements will be made for the return of the goods but we will not be responsible for the postage and packaging charges incurred. However if a replacement is required then it shall be postaged free of charge. On receipt of the returned items the relavent refund or replacement shall be dealt with. Please be aware the the price of the items paid by you shall be refunded through the same payment method used on making the order within 28 days, but delivery charges shall not be refunded.
We shall not be liablie for any further claims for loss from or in connejunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise. Nothing in our returns policy affects your statutory rights.
9. Damaged and Incorrect Goods
All products must be inspected on delivery and you shall advise us of any damaged, incomplete or incorrect orders within 48 hours of delivery. If on delivery it is visible that the products are damaged then this should be noted on the delivery note that is being signed and we shall be advised of this within 48 hours. If we do not hear from you with 48 hours then we shall take it that the goods have been received in full with no problems.
In the event that goods are damaged or incorrectly sent, once notified, we will make any further arrangements to have the goods returned to us and on receipt of them, after examination a refund or replacement shall be arranged. Where applicable the refund will be made into the same payment method used on purchasing the order.
We shall not be liablie for any further claims for loss from or in connejunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise.
10. Special Offers and Promotions
From time to time we shall give special offers and promotions on the website. These offers are subject to availability, while stocks last and the instructions of the offer which form part of the Terms and Conditions. All offers can be altered or removed at anytime without any prior notice, but any order placed before the offer has come to its end, before being removed or altered shall be honoured. We reserve the right to change offers dependant on the customer and different market sectors.
We are totally committed to ensuring that your online shopping experience is completely private and when you give us your name, address, credit card, contact details, or any other personal details we promise to keep them safe and secure and with the exception of that outlined in this policy, we promise never to share them with anyone outside of our website.
11.1 Site Security
Our website is as secure as we can make it, with up-to-date security features. The website uses 128-bit SSL (Secure Sockets Layer) encryption technology which is the most advanced level of security that is currently available for online purchasing. When you are in a secure area of the website, such as the checkout screens, you should see a solid padlock in your browser status bar to indicate that the encryption is taking place.
Cookies are tiny text files stored on your computer when you visit certain web pages, which we use to keep track of what you have in your basket and remember you when you return to our website.
To utilise all the online shopping and personalised features of our website, your computer, tablet or mobile phone will need cookies enabling, as we can only provide you with certain personalised features of this website by using them.
Our cookies don’t store sensitive information such as your name, address or payment details: they simply hold the ‘Key’ so that once you’re signed in, is associated with this information.
We're giving you this information as part of our programme to both comply with legislation, and to ensure we're honest and transparent about your privacy when using our website. We know you'd expect nothing less from us – we will always endeavour to treat your information as if it were our own.
If you’d like to learn more about cookies in general and how to manage them, aboutcookies.org. If you’d like to opt out of cookies, please go to the Network Advertising Initiative website.
Please note that we’re not responsible for the content of external websites.
11.3 Privacy Promise
We treat your personal data in the same way we would want our own data treated – so we are absolutely committed to ensuring your details are kept confidential, and only used to provide you with outstanding customer service.
We promise never to sell your personal details to any company, and unless specifically authorised by you to do so, we will never pass your details to third-party companies for mailing or marketing purposes outside of our website.
When you make a purchase from us we need to collect some personal information from you. Your information is held on secure servers and we fully complies with the obligations required of the General Data Protection Regulations (GDPR) and current consumer legislation.
11.4 What We Collect
Title, first name and surname
Contact information including telephone number and email address
Geographical information – your address and postcode and IP address
Information about your online purchases from us (for example, what you have bought, when and where you bought it and how you paid for it)
Information about your online browsing behaviour and information about when you click on one of our adverts
Information about any devices you have used to access our Services (including the make, model and operating system, IP address, browser type and mobile device identifiers)
11.5 If You Contact Us
When you contact us, or we contact you or you take part in promotions, we may collect:
Personal data you provide about yourself anytime you contact us about our Services (for example, your name, username and contact details), including by phone, email or post or when you speak with us through social media
Details of the emails and other digital communications we send to you that you open, including any links in them that you click on
Your feedback and contributions to customer surveys and questionnaires
11.6 How We Use Your Data
We require this data to understand your needs and provide you with an excellent service, but also:
Placing, processing and dispatching your order(s)
Internal record keeping
Analysing demographic and geographical location data via Google Analytics using cookies
Providing you with website sharing services and social network connectors
We may use the information to improve our products and services
We may periodically send promotional emails about new products & special offers
From time to time, we may also use your information to contact you for market research purposes
We may use information to manage and improve our day-to-day operations
11.7 Email Marketing Services
From time to time, we may email you with offers and updates on our products and services. These emails may be personalised to contain your name for promotional reasons. We use some third-party institutions to perform services on our behalf, including the handling, processing and fulfilment of your order. They receive only the information required to do this and all such institutions are under strict contractual obligations to keep your personal information secure and private.
11.8 Phishing Emails and Calls
Phishing is the process of gaining someone’s personal data illegitimately. This is often done by email and telephone, with the phisher claiming to be from an official or legitimate source.
Never share your personal information with someone claiming to be from us. If we need to legitimately contact you regarding your payment method or delivery (for example), we will ask you to call. If you believe someone is attempting to deceive you into passing your personal data over, please let us know as soon as possible.
If you would like to learn more about phishing, please see the Action Fraud website.
We try to ensure our mailings are relevant and contain offers that interest you, but should you no longer wish to hear from us, click the link at the bottom of one of our emails to update your account preferences.The process to unsubscribe your email may take up to five working days.
12. Warranty & Liabilities
Whilst every care is taken to deliver your order, we cannot be liable for any indirect or consequential loss, damage or loss of profit arising from our supply or failure to supply any goods to you. We will not be responsible for any breach of these Terms & Conditions as a result of any circumstances beyond our control, 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. Our entire liability to you in connection with any order will not exceed the total price charged for the relevant goods and delivery charges in that order.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. Nothing in these Terms and Conditions will restrict our liability to you for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty. Nothing in these Terms and Conditions affect any of your statutory rights.
We may provide or third parties may provide links to other websites. We have no control over and shall not be held liable for any content found on such sites, you agree to the information and links to the third party websites being provided soley for your convenience. If you do decide to access to the third party websites through the links then you do so at your own risk.
14. Website Availability & Images
While we take every care to ensure that the website is available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time, for any period.
All the images on the website are property of Blue Mountain Peak and downloading of any images is prohibited. At any given time the product images on the website may be different to the current product packaging. This may be due to changes in the packaging, the price mark or other aspects of the packaging which are out of our hands. We will do our best to change the images where necessary, but will not be held liable for any reason where this has not been achieved.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.