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Web Site Terms and Conditions

This legal notice applies to the contents of the website under the domain name www.emersonsonline.com (“Website”).

Please read this agreement carefully. These are the Terms and Conditions for using this service. If you do not agree to these, you may not use this Website.

You are permitted to use our Website solely on the basis of these Terms and Conditions. We reserve the right, at our discretion, to update and / or revise these Terms and Conditions.

NOTHNG IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS. THIS IS AN AGREEMENT BETWEEN YOU AND EMERSONS ONLINE.

  1. Use of the website
    1. Subject to these Terms and Conditions you are authorised to view and download our Website for your personal use only. Emersons Online may change, suspend or discontinue the Website at any time, including the availability of any feature, database, or content. Emersons Online may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability.
    2. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and telephone service.
    3. Emersons Online reserves the right, at our absolute discretion, to terminate your access to all or part of the Website or the Retail Sites without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Emersons Online Website or Retail Sites.
  2. Registration and security
    1. register with www.emersonsonline.com and purchase goods from our Website you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.  You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
    2. We reserve the right to decline a new customer registration or suspend a customer’s account at any time and at our sole discretion.
    3. Emersons Online reserves the right, at our absolute discretion, to terminate your access to all or part of the services, to discontinue the Website or services, or any part thereof, at any time, change the Website and Retail Sites or delete features in any way with or without notice.
    4. Emersons Online reserves the right to refuse to post material on our Website or to remove material already posted on the Website.
    5. Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with our grocery service, you accept that your email address may be used to supply you with such information.
    6. Customers using the web service accept the need to have their credit or debit card details registered with Emersons Online web site prior to ordering. These details are held in an encrypted form and will only be used for payment on account and/or payment of goods and services received by you using our web service.
    7. It is your responsibility to keep your password secure. We reserve the right to modify or withdraw a password at our discretion.
  3. Member conduct
    1. You may not use the Website for any purposes other than its intended use including: Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorised access to other computer systems. Interfering with any other person's use or enjoyment of the Website. Breaching any laws concerning the use of public telecommunications networks. Interfering or disrupting networks or websites connected to the Website. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
  4. Privacy
    1. Registration data and certain other information about you may be sorted by Emersons Online and will always keep your data in accordance with the Data Protection Act 1998 By using the www.emersonsonline.com, you agree that you accept the Emersons Online terms and condition on the use and storage of your data.
  5. Cookies
    1. The site uses a number of different cookies. A cookie is a small text file that may be placed on your device when you visit our sites. When you next visit our sites the cookie allows us to distinguish you from other users.
    2. There are two broad categories of cookies: Persistent cookies remain on your device until deleted manually or automatically and Session cookies remain on your device until you close your browser when they are automatically deleted.
    3. We use cookies in a number of different way to enhance the user experience of our web site, these include: Essential cookies are technical cookies that are required for the operation of our sites. Without essential cookies our sites can’t operate properly. Essential cookies include, for example, cookies that enable you to log into secure areas. Performance cookies allow us to recognise and count the number of visitors to our sites and to see how visitors move around them. This helps us to improve the way our sites work by enabling us to tailor our sites to the way visitors use them. The information we collect from performance cookies is aggregated which means that we cannot identify you from it. Experience cookies allow our sites to remember the choices you make. Our sites use experience cookies to provide you with enhanced and personalised features. For example, we use information collected through what are known as “web-analytic” cookies to compare the choices you make to those of our other customers so that we can learn from those choices. Marketing cookies record your visits to our sites, the pages you have visited and the links you have followed. We use this information to make our sites and the advertising displayed on them more relevant to your interests. For example sometimes we use marketing cookies to limit the number of times that you see an advert. Sometimes we share information about your browsing activity, (which we have collected from cookies), with our advertising partners. They may use this information to advertise products, which may interest you, on other sites.
    4. You can refuse cookies by activating the relevant setting on your browser. However, if you do so you may not be able to access all or parts of our sites. If you carry on using our sites and do not change your browser settings we will assume you consent to us using cookies as described above.
  6. Intellectual property
    1. The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Websites without written permission from Emersons Online.
  7. Indemnity
    1. You agree to indemnify and hold Emersons Online harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Website or from your use / misuse of the sites or the use / misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.
  8. Links and dealing with third party suppliers
    1. The Website may provide, or third parties may provide, links to other websites or resources. As Emersons Online has no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and Emersons Online is not responsible for the availability of such external sites or resources and is not liable for the content found at such sites or resources.  If you decide to access any third party websites linked to the website you do so entirely at your own risk.
    2. You agree that your dealings with Third Party Suppliers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Third Party Supplier, and you agree not to hold Emersons Online liable for any disputes you may have with such Third Party Supplier.
  9. Limitations of Liability
    1. This Website is provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
    2. Emersons Online assumes no liability for any viruses or any other disabling features that affect your access to or use of the Website.
    3. Emersons Online assumes no liability for any incompatibility between the Website and other websites, services, software and hardware.
    4. Emersons Online assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website.
    5. Emersons Online assumes no liability for any modification, suspension or discontinuance of any of its Websites, domain names or services.
    6. Emersons Online assume no liability for any use of the Website including, without limitation, direct, indirect, incidental or consequential loss or damages or any loss of profits, loss of revenue business interruption, loss or programme or otherwise.  Nothing in these terms and conditions shall exclude or limit Emersons Online liability for: Death or personal injury caused by negligence; or fraud or misrepresentation; or any liability which cannot be excluded or limited under law.
  10. Force majeure
    1. While Emersons Online endeavours to ensure the Website is available 24 hours a day, Emersons Online shall not be liable if for any reason the Website is unavailable at any time, for any period.
  11. Pricing, payment and contract
    1. The prices shown on this Website at the time of ordering are guide prices. They are the in-store selling prices that day at the store at which your goods will be selected. The prices you will be charged for goods will be the actual prices displayed in that store on the day of delivery unless there is a ‘Web Exclusive’ or ‘Online Price’ is displayed including any promotional offers if applicable. You accept that prices of goods may, therefore, increase or decrease between the day of ordering and the day of delivery.
    2. The weight of some goods may vary marginally from that ordered and the price may change to reflect actual weight - if it weighs a little less you pay a little less and if it weighs a little more you pay a little more. Prices in your ‘basket’ are estimates only.
    3. Where applicable, prices include Value Added Tax. The prices on the website reflect the current rate of VAT and not necessarily the rate you will be charged on the day of your delivery.
    4. You will not be charged until your order is ready for delivery. Payment will be taken on the day of delivery to cover the cost of all goods ordered and any alternative substituted goods at the in-store selling price prevailing that day, as well as the delivery charge.
    5. If, on the delivery date, we are unable to process your credit card payment, our Customer Care Team will contact you.
    6. As the contract between you and Emersons Online is not concluded until such time as you accept goods at the time of delivery, you are entitled to refuse some of or all of the goods before signing for them. You or someone aged 18 or over authorised by you must be available to inspect the goods at the time of delivery.
    7. We will not be responsible for any loss or damage caused to the goods after the contract has been concluded. Otherwise, our liability to you shall be limited in contract and/or tort to the value of the order only, unless we have been negligent and that negligence has caused death or personal injury.
  12. Supply of ordered goods and alternate goods
    1. Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. We reserve the right to refuse orders including those that we consider are for commercial or non-domestic purposes, or subject to onward delivery by a 3rd party.  Where products are used for non domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
    2. Transactions involving alcohol may only be made during normal licensing hours.
    3. Goods are subject to availability and prevailing market conditions, If any goods you wish to purchase are not available, Emersons Online will try to offer you 'alternative goods' similar to the goods you have requested, which may be a different price. Please note we will attempt to deliver substitute products should selected products be unavailable unless you request us not to do so.
    4. We will tell you which items have been substituted and with what. You do not have to accept the alternative goods offered by Emersons Online. Acceptance or rejection of any alternative goods does not occur until you have the opportunity to inspect them at the time of delivery. Where alternative products are accepted, customers should check product packaging for the most up to date nutritional information and allergen warnings, as these may differ from the products originally ordered.
    5. Although we take all reasonable care to ensure that additional nutritional information appearing on the Website are correct at the time when inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order.  Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change.
    6. New food labels began to appear on food and drink products from September 2013.  This is due to a new food labelling law and a new Government front-of-pack nutrition labelling scheme.    You should always read the label on the product to ensure you are following the most up-to-date information.  This is especially important if you have an allergy or intolerance.  Allergen information can be found highlighted in the ingredients list on the back of pack.
  13. Ordering of multiple or bulky items
    1. Orders for more than 10 units of a single product line may be fulfilled subject to availability and at the discretion of the store. Other limits may apply to alcohol or other products. To ensure we have the greatest opportunity of fulfilling larger orders, please give us at least 7 days notice of your request via our Customer Care Team on 028 3752 2846.
    2. Quantities of goods supplied per order may be limited if the order limits availability for other customers or creates a potential health and safety issue for our drivers.
    3. Due to concerns regarding the heath and safety of our delivery drivers, we reserve the right to limit orders of certain bulky items, such as multipack bottled water.
  14. Placing an order
    1. There is a £0.00 minimum order value on any grocery order. Orders will be charged a delivery fee of £0.00. Orders over £0.00 will not be charged a delivery fee.
    2. Emersons Online reserves the right to amend delivery fees at any time without notice.
  15. Amending or cancelling an order
    1. Orders can only be amended or cancelled via phone and not by the web site, these can be made up until store close of our shop (please check opening times on the “Contact Us’ page) on the day before delivery.
    2. Should adverse weather conditions or any other event outside our reasonable control result in a later or cancelled delivery, we will contact you as soon as possible to re-schedule your delivery.  All alternative delivery dates are subject to availability. Should you incur any loss as a direct result of such a delay our liability to you shall be limited to the value of the order only.
  16. Carrier bag charge
    1. Groceries delivered to an address with a Welsh, Northern Ireland, Scottish or Republic of Ireland address will incur carrier bag charges on delivery or collection orders.  We do not offer a delivery / collection option which does not make use of carrier bags and the charge will be added automatically to your final payment.  It is not possible to opt out of this charge.  The carrier bag charge is not a Emersons Online initiative. 
    2. The carrier bag charge has been introduced by the Welsh, Northern Ireland, Scottish and Republic of Ireland Governments.  The profits raised will be donated to good causes in Wales and Scotland. In Northern Ireland proceeds will go to the Northern Ireland Department of the Environment.
  17. Collection service
    1. A Collection Service may be available If the Service is available it is for online orders only and collection slots are subject to availability. Operating times normally follow the stores opening hours but may vary. Customers whose registered address is within the geographical region of the Service may be able to choose Collection on the ‘Delivery’ page.
    2. There is a £0.00 minimum order value on any Collection Order excluding the collection fee where applicable. Orders over £0.00 will not incur a collection charge.
    3. For collections the total shopping bill (including any collection charge) will be deducted from the nominated card on the day of collection.  If you wish to cancel your order please ring our contact centre on 028 3752 2846.
    4. Collection goods are picked on the day of collection and stored at the temperature appropriate to that food until you arrive.
    5. If your order has not yet been picked we may ask you to wait or to return at an agreed collection time.  Occasionally there may be a queue at your collection point if several customers arrive at the same time to collect their order.  Our staff will fulfil all orders as quickly as possible.
    6. We cannot guarantee availability of car parking spaces at the store and car parking charges may apply and use of car parks is subject to their Terms and Conditions.
    7. To collect your order please bring one of the following: Booking confirmation or Payment card or Valid photographic ID
    8. We reserve the right to cancel your order, return your order to store and refund your payment if you do not collect it within a reasonable time.  All uncollected orders will be returned to store at the close of the store.  In these circumstances, we reserve the right to retain any collection charge (where applicable).
    9. We will make every effort to ensure your order is available for collection at your collection time but we cannot accept liability if the service is limited or unavailable due to operational reasons or circumstances beyond our control.
    10. Emersons Online reserves the right to amend or terminate the availability of the Collect ion Service at any time and without notice.
  18. Free delivery offers
    1. Delivery offers may be subject to minimum spend and delivery times are subject to availability.
    2. Emersons Online reserves the right to withdraw any delivery offer at any time.
  19. Delivery restrictions
    1. We will deliver to the address specified by you when you checkout your order.
    2. We reserve the right to restrict or refuse delivery requests in certain areas at any time and without notice.
    3. You or someone aged 18 or over on your behalf must be available to receive and inspect the delivery.  Under no circumstances will goods be left unattended.
    4. If the person receiving the goods looks under 18 we will request proof of age. We may retain the goods if proof of age or an alternative adult is not available.
  20. Our delivery service
    1. We will always deliver your order to the front door of your house or to the communal entrance to your block of flats. Our drivers may also deliver beyond this into your home.
    2. Our delivery service does not include a detailed check of your shopping. However, if you have any queries, please call us on 028 3752 2846 after your delivery has taken place.
    3. If your delivery is to a work address, we will always deliver to the ground floor communal entrance of your business’ building then contact you to meet our driver. We reserve the right to return your order to our store if you do not come to collect your order within a reasonable time. In this instance, we reserve the right to charge for any re-delivery. Please see re-delivery below.
    4. By placing an order you are authorising us to accept signature from you or another person at the same address on your behalf if you are not present at the time of delivery.  We will not be able deliver large items to your premises unless there is someone present to accept them. Where you use our Collection service, you authorise us to deliver to any person in possession of your  Collection Order Acknowledgement and who provides suitable documentary evidence of their identity.
    5. Emersons Online will be under no liability for any delay or failure to deliver the products within estimated timescales.  We exclude liability in contract or tort (except liability for death or personal injury caused by our negligence) for any loss, economic or otherwise incurred by or suffered by you in connection with any provisions included in these Conditions or by your use of our website.
    6. It is your responsibility to ensure you check access to your premises and the space available for the product before placing your order.
    7. It is your responsibility to tell us about any special delivery requirements or access issues to your scheduled delivery.
    8. You must ensure that all manufacturer guidelines are complied with in the sitting and use of goods.
    9. If you aren't in for a scheduled delivery we reserve the right to charge you for storage, re-delivery or both
    10. Wherever possible and where customers have provided us with their mobile 028 3752 2846, a text message may be sent with delivery updates. Where you have selected our Collection service we may contact you by phone or by text to remind you that your order is available for collection.
    11. Where requested by the delivery driver, products must be inspected upon delivery and refused if any damage is found. Failure to notify us of any visible damage may result in claims not being accepted if the item has been signed for. Damage should be notified to the driver and noted on their delivery pad at the time of refusal. In most cases, any damage issue will be resolved by our Customer Care Team at the point of delivery.
    12. You must not fit or use a product that is damaged or different to that, which was ordered. Failure to comply with this will deem that you have accepted the goods and you will be unable to return them because they are damaged or different to that ordered. Your statutory rights are not affected.
    13. Delivery does not include installation of the goods or recycling of old goods.
  21. Grocery re-delivery
    1. If you are out for the time of your scheduled delivery, or are unable to meet our driver in your workplace within a reasonable time, we reserve the right to return your order to our store and to charge our standard delivery charge for re-delivery.
    2. If you have not contacted us on 028 3752 2846 within 24 hours to rearrange a failed delivery, the order will be cancelled and refunded and we may retain the delivery fee.
  22. Grocery returns
    1. If whilst inspecting the goods at the time of delivery, you identify goods you do not want, you are free to decline any product delivered by the driver for any reason (including the price on delivery). You can return them to the driver and ask him or her to take them away.
    2. Any goods you return to our driver will be automatically refunded to the credit or debit card used to make the payment and shown as a refund on the next payment card statement. Refunds take up to 3-5 working days to reach your account after being processed.
    3. After the driver has left, you have the right, except for the excluded items listed below, to return goods and / or faulty goods in line with Emersons Online store returns policy. Goods not returned to our driver at the time of delivery should be returned by you at your expense with your receipt or other proof of purchase to Emersons Online store within 14 days in original packaging in saleable condition. Our returns policy meets your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which permits the return of most goods ordered online within 14 days of purchase.
    4. Goods not returned at the time of delivery should be returned at your expense to the Emersons Online store within 14 days.  Unless of poor quality or faulty, it is not possible to return baby food and milk, frozen or perishable food and drink, CDs, DVDs, audio or visual software where the seal has been broken, newspapers and magazines.  In order to obtain a refund, please remember to take your receipt with you.
    5. Any refund due will be credited to the purchaser’s card within 3-5 days after being processed.  The delivery charge will be refunded only where the entire order is returnable (eg does not include perishable food) and the entire order is returned within 14 days.  If returned items were part of a promotional offer, the amount refunded may be reduced.
  23. Contacting us
    1. We welcome feedback. Any customer comments should be addressed to the Emersons Online Customer Care Team – you will find an email link or address and 028 3752 2846s listed on our website in the "Contact Us" section.
    2. If we communicate with you by telephone, please note that some telephone calls may be recorded for training and security purposes.
  24. Privacy and communications
    1. Your personal details may be used by Emersons Online and selected third parties for market research and statistical analysis. We may also like to contact you occasionally with details of products, services and special offers that may interest you. From time to time, we may send to your email account that you designate, information about changes or additions to the Website or about any of our related products or services or products or services from selected third parties. To do this we will look at the information provided by you and details of products you buy. If Emersons Online acquires or develops other businesses the data may be used by the new business in a similar way. By registering with our service, you accept that your email address may be used to supply you with such information. Customers wishing to change this can do so by visiting the 'my account' area. Emersons Online may use your mobile phone number (if you have provided one) to send you a reminder of your delivery slot time. Emersons Online will always keep your data in accordance with the Data Protection Act 1998 and will only use your mobile phone number to contact you about your shopping order.
    2. These Terms and Conditions and the documents produced in accordance with it comprise the entire agreement between you and Emersons Online regarding each grocery order which concludes in a contract. English law is the governing law of each contract.
    3. Emersons Online reserves the right to alter or withdraw the service at any time, to refuse the service to any customer and to amend these Terms and Conditions. If we make any changes to these terms, we will let you know as soon a possible by posting the changes on our Website
  25. Miscellaneous
    1. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    2. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
    3. This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.
    4. We suggest that you print off a copy of these Terms and Conditions for your future reference.
  26. Company details
    1. www.emersonsonline.com is owned and operated by Emersons Online, registered number NI011548, a company registered in England and Wales whose registered office is at H.A.Emersons & Son Ltd 55 Scotch Street Armagh Co.Armagh BT61 7DF