Terms and Conditions of Supply.
These terms
What these terms cover. These are the terms and conditions which apply when we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. We reserve the right, at our discretion, to update and/or revise these terms. Please check periodically for any changes.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Information about us and how to contact us
Who we are. We are Drift 2 Limited a company registered in Scotland and trading as “Drift Along” or “Drift” (“Drift”). Our company registration number is SC594068 and our registered office is at 5 Whitefriars Crescent, Perth, PH2 0PA.
How to contact us. You can contact us by writing to us at Quarrel Sands near North Berwick, EH39 5PL, calling us on
01620 892817, sending us an email to: info@driftalong.co.uk or by using the Contact Us section of our website.How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a collection deadline you have specified. Where the products ordered by you are not available from stock, you will be notified and given the option to either wait until the products are available from stock, choose an alternative substitution product suggested by Drift which will be of equal or greater value at no additional cost or cancel the order and receive a full refund within 28 days.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website is solely for the promotion of our products in mainland UK. Unfortunately, we only accept food produce orders for collection at our café at Quarrel Sands near North Berwick, EH39 5PL. We sell gift vouchers, which can be posted to any address provided by you within mainland UK.
Our products
Products may vary slightly from their pictures/ description. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display products accurately, we cannot guarantee that a device's display of our products accurately reflects the products. Your product may vary slightly from those images/ description. All weights indicated on our website have a 15% tolerance.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Allergens and Intolerances. We appreciate that allergens and intolerances are extremely important issues and this is something we take great care in when it comes to providing our customers with information. Where products are prepared on our premises, please be assured that we always try to ensure proper labelling and signage is available to warn customers that we cannot guarantee the absence of allergens in these products.
Gift vouchers. We sell gift vouchers for redemption at our café, our Driftaway trailer or products on our website. Gift vouchers purchased are valid for six (6) months from the date of purchase. The management of Drift reserves the right to extend the validity period of six (6) months at their sole discretion. Any alteration to the gift voucher will render it void. Gift vouchers cannot be resold or purchased for commercial purposes. Gift vouchers can only be transferred to a third party by way of a gift. Gift vouchers cannot be exchanged for cash. Gift vouchers purchased online at www.driftalong.co.uk will be sent by first class post within five (5) working days, once payment has been cleared.
Your rights to make changes
If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Providing the products
When we will provide the products. During the order process we will let you know a collection date for the products. If products are not collected on the collection date, we aim to store the products for a period of five (5) days following the collection date where possible. However, you should note that certain of our products are perishable and may not be suitable for consumption if not collected on or near the collection date. We reserve our right to dispose of perishable items eg cakes after three(3) days should they not be collected by you.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay on your collection date. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Delivery and Collection Gift vouchers will be sent as standard using first class mail to locations within mainland United Kingdom. When you collect Products from us you will be asked to provide proof of identity eg debit card, credit card, driving licence and/ or passport.
Delivery costs. The costs of delivery of gift vouchers will be as displayed to you on our website. Note that gift vouchers can also be collected from us at Quarrel Sands near North Berwick, EH39 5PL.
When you become responsible for the products. The products will be your responsibility from the point of collection or the time we post the product to the address you gave us.
When you own the products. You own the products once we have received payment in full.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10 if you are a consumer and clause 11 if you are a business;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
perishable products or products which are liable to deteriorate or expire rapidly including frozen products;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
any bespoke or unique product made or produced for your benefit; or
any products which become mixed inseparably with other items after their collection.
How long do consumers have to change their minds? If you have bought products, you have 14 days after the day you (or someone you nominate) receives the products.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, we may still allow you to end the contract before it is completed if we have not began work on processing your order when you contact us with a request to end the contract.
How to end the contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Email. Email us at info@driftalong.co.uk. Please provide your name, home address, order number and, where available, your phone number and email address.
Online. Ase the Contact Us section
Returning products after ending the contract. If you end the contract for any reason after you have received them, you must return them to us if we request this. You must return them to us at our café at Quarrel Sands near North Berwick, EH39 5PL.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at Drift, Quarrel Sands near North Berwick, EH39 5PL or by using the Contact Us section.
Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. Please note that your right to reject products if they are faulty within 30 days is limited in respect of perishable products or products which are liable to deteriorate or expire rapidly including frozen products.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us or allow us to collect them from you. Please email us at info@driftalong.co.uk or use the Contact Us section of our website to arrange collection/ drop-off.
Your rights in respect of defective products if you are a business
If you are a business customer we warrant that on collection, and for a period of 30 days from the date of collection (or, if earlier, the use by date specified on the relevant product) (“warranty period”), any products shall:
conform in all material respects with their description, and
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
Subject to clause 11.3, if:
you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.1;
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,
we shall, at our option, replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product's failure to comply with the warranty in clause 11.1 if:
you make any further use of such product after giving a notice in accordance with clause 11.2(a);
the defect arises because you failed to follow our oral or written instructions as to the storage or use of the product or (if there are none) good trade practice; or
you alter the product without our written consent.
Except as provided in this clause 11, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 11.1.
These terms shall apply to any replacement products supplied by us under clause 11.2.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT, where applicable) will be the price indicated on the order pages when you placed your order. The shown price excludes delivery charges (for the delivery of gift vouchers only); delivery charges for gift vouchers will be detailed on our website at the point of ordering. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
When you must pay and how you must pay. We accept payment through the Stripe payment processing platform which allows payment via Apple Pay and/ or debit card and/ or credit card. You must pay for the products and delivery (where applicable for gift vouchers) at the point of ordering and before we dispatch them or confirm a collection date.
Our responsibility for loss or damage suffered by you if you are a consumer
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987.
Except to the extent expressly stated in clause 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 14.1:
we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent of the total sums paid by you for products under such contract.
How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the Scottish or the English or Welsh courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim.