Terms & Conditions

Welcome to www.britishcolonialmerchants.com. By using this website you accept and agree to be bound by these General Terms and Conditions of Sale, the Privacy Policy and such other policies we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these General Terms and Conditions affects your statutory rights, either as a consumer or otherwise. Please note that particular conditions may apply to specific orders and transactions, as well for business carried from and within our offices, warehouses and shops. 

These General Terms and Conditions of Sale govern the sale of goods by us, the British and Colonial Merchants Company Limited, to you, the customer, by telephone, email, and via our website at www.britishcolonialmerchants.com, or other means to our Customer Services and Client Services teams, and will form the basis of any contract of sale between us. Please read them carefully before placing your order as you will be deemed to be bound by them. Copies of these terms and conditions are available on request. Please read them carefully before placing your order and print a copy for future reference.

The Contract Between Us

Your orders are an offer to purchase goods from us, we will confirm receipt of your order by sending you an email summarising the details of your order (‘Order Confirmation Email’) or otherwise confirming your order back to you; this is the point at which we accept your order and the contract is formed (subject to these General Terms & Conditions as well any applicable Particular Conditions). The contract is completed when the goods are delivered (also subject to these General Terms & Conditions).

Your Account

You may register with us when purchasing items by telephone to a Customer Services or Client Services representative or by means of the Website or in person at our offices. Please ensure any details you provide us with are true, correct, complete and up to date. Inform us immediately of any changes to those details. Please inform us immediately if you have any reason to believe that your data, username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner. You can access and update your details using the 'Your Account' area of the Website.

We reserve the right to terminate accounts, remove or edit content or cancel orders at our discretion, but without charge to you.

Orders

All orders for goods made by you on the website or by telephone to a Customer Services or Client Services representative are subject to these Terms and Conditions.

Amendments: we make no guarantees that once placed and paid for, an order can be amended. If you wish to amend an order you must notify us by phone as soon as possible and provided the order has not already been submitted to our Distribution Centre we will try to amend it. We also reserve the right to cancel or amend your order before the goods are despatched if the goods are no longer in stock (see Substitution below).

Large Corporate Orders: for orders for delivery to more than ten addresses, an electronic order form is available by contacting our Client Services team at sales@britishcolonialmerchants.com. Please note that 48 hours should be allowed for uploading these orders and the order will not be confirmed until full payment is received and cleared.

Substitution Items

British and Colonial Merchants Company Limited may substitute an item of equal or greater value than the original item listed, or issue a refund for the product. This applies to all items and mixed orders. Where we have substituted an item, you may elect to receive a refund rather than accepting the substitute item by contacting Customer Services. We will make any refunds made under these General Terms & Conditions within 14 days of us receiving the item, or evidence of items acceptable to us, from you.

Payment

All payments for goods must be made when the order is placed. We will not reserve or despatch goods before full payment is received and cleared. Ownership of the goods will pass to you once we have received payment in full. Please note we cannot guarantee the security of data when communicating with us via email or fax. Accordingly please do not send us payment information using those mediums. Cash, cheques and debit/credit card payments are accepted.

For details of the security measures we employ please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us with when placing an order.

Corporate orders: in addition to the payment methods mentioned above, payment by bank transfer can also be accepted but please note that the order will not be confirmed, nor items reserved, until payment is received which can take 7 working days.

Prices

Products are invoiced in either USD or JMD at the price at the time of your order. Prices displayed in brochures and on the website include any Value Added Tax or similar taxes which will be applied at the current rate. Products might be subject to variation. If there is an error we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled, and we are not obliged to honour such orders. The delivery charge is an additional cost. Please refer to our Delivery Information for full details.

Cheques

The British and Colonial Merchants Company Limited reserves the right whether to accept customers cheques for payment in the offices, shops and warehouses. Please note that until the cheque would be irrevocably cleared by the bank, the order will not be confirmed, nor items reserved.

Product Description and Specifications

We have made every effort to ensure that the goods displayed on this website and in our brochures conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions (including wine vintages, please note all images are for illustration purposes only) of items on the website and brochures are quoted as accurately as possible. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor's display of any colour will always reflect accurately the colour of the item delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.

Privacy Notice

When you place an order, we collect certain personal and transactional information (i.e. name, address, email address, credit/debit card details...) to process your transaction and to send marketing information about similar goods and services.

By proceeding to contact us by phone, in-store or online in order to purchase goods or services from us you agree that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy. In particular, we may use information we hold about you for the purposes of responding to your enquiries, fulfilling your order and delivering goods to you, sending unsolicited marketing communications (in the circumstances set out below), maintaining your online account (where relevant) or preventing and detecting fraud. We may also transfer your data to third parties for the purposes of delivering any goods you have ordered to you, fulfilling orders, analysing and profiling data, processing payments and providing customer service. Where you have purchased or enquired about our goods or services, we may provide you with information by about similar goods, services or promotional offers. If you do not wish to receive such information please inform us at the time that you provide us with your personal data and contact details.You will also be given the option to opt-out of future communications in each electronic communication. Where you have not previously enquired about, or purchased our products or services, we will not send you information about them unless you have consented to receiving it. Please address communications regarding our data processing practices to our registered office.

Our Privacy Policy does not encompass sites maintained by other companies, affiliate sites or those sites who re-direct to www.britishcolonialmerchants.com. This also relates to sites you access or are re-directed to from www.britishcolonialmerchants.com

Age Restrictions

We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this brochure or our website only with the involvement of a parent or guardian. By placing an order with us it is confirmation that you are of legal age.

By law we cannot sell knives, products containing alcohol or tobacco to persons under the age of 18. By placing an order with us it is confirmation that you are of legal age. It is illegal to buy restricted products if you are under age or for someone else who is under age.

Some of the items available for purchase from this website contain intoxicating liquor. When you place an order for an alcoholic product using this website, you confirm that you are aged 18 or over.

Gift Messages

A personal gift message of up to 9 lines of 30 characters each (i.e. 270 characters including spaces), can be included with all orders. Please note that 'special' characters, clip art images, emoticons, etc. are not recognised. Please decide on your message before placing an order as an amendment after the order has been placed may not be possible.

The gift message will be placed in an envelope on the inside of the delivery or in a pouch on the inside lid of the packaging. Regrettably, we are unable to include personal enclosures with your gifts or offer a gift-wrapping service at this time. However, there is a gift-wrapping service available in our stores.

Content & Intellectual Property Rights

www.britishcolonialmerchants.com, its products and content are protected under copyrights and trademarks intellectual property regulations. You are only allowed to use content found on this website as expressly agreed by us. Any reproduction or redistribution of our intellectual property rights may result in civil and criminal penalties. You also agree that you are not a partner, agent or reseller of the British and Colonial Merchants Company Limited or our products and we are not liable for any such representation, act or omission on your part.

In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. Nor can we promise that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.

You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and British and Colonial Merchants Company Limited. You will not express yourself as an employee, agent or representative of British and Colonial Merchants Company Limited and we are not liable for any representation, act or omission on your part.

Food and consommables 

Food, alcohol, beverages and flowers are perishable and often have rapid expiry dates. Therefore food, alcohol, beverages, hampers with food items and flowers are excluded from your statutory right to return purchases within the seven working day 'cooling-off' period.

Wines

10% wine case discount applies to purchases of 9 or more litres of wine in a single transaction. A 9 litre case is equivalent to 12 x 75cl (standard bottles), 6 x 150cl (magnum bottles), 24 x 37.5cl (half bottles), 48 x 20cl (quarter bottles). The discount applies to both cases of the same bottle and mixed cases.

Celebration Cakes & Fresh Food Picnics

Please note that some of our celebration cakes and fresh food picnics are only available for collection from our store, while others may be delivered on a date of your choice.

Jewellery, Perfume & Lingerie

We will not accept returns of jewellery, perfume or lingerie, unless the goods are faulty, damaged or incorrect. Your statutory rights are not affected by this.

Cancellations Prior or After Despatch

Once placed, it may not be possible to prevent an order from despatch. Similarly once despatched we are unable to stop delivery or cancel the order. If you wish to cancel your order, please contact our Customer Services. In the event that orders cannot be stopped or cancelled, you may return the items to us per your ‘Right to Cancel and Return Purchases’ below.

Right to Cancel and Return Purchases

You have the right to cancel your order without cause within a ‘cooling off’ period of 7 days from the day after you receive the goods. This right applies to all items except:

  • Perishable goods and other items likely to expire rapidly, this includes all flowers, food and alcohol and beverages and hampers and gift boxes containing such items;
  • Items worn next to the body;
  • Sealed items where the seal has been broken; and,
  • Personalised or bespoke items
If you wish to cancel and return your purchase, contact Customer Services with the order number quoted on the delivery note. Or complete the cancellation form and send this to our postal address, or our customer services email address: sales@britishcolonialmerchants.com. You will be given instructions about where to return the goods which must be made without undue delay and in any case within 7 days of notifying us. Alternatively, the goods can be returned to our stores. When the goods have been received and checked, a refund for the goods and the standard delivery charge (premium charges are not refundable) will be issued as soon as possible, this may mean that you will be contacted for repayment details. Please note that:

  • Perishable goods and other items likely to expire rapidly, this includes all flowers, gift cards, food and beverages and hampers and gift boxes containing such items;
  • the items listed above are excluded from this right; and
  • the cost of returning the goods is your responsibility.
Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.

Items Damaged in Transit, Defective & Incorrect

If you take delivery of a package from us and the goods being delivered to you have been damaged in transit, or are: defective, not as described, not of satisfactory quality, not fit for purpose, or are not per a sample (i.e. “Faulty”), we will at your option either exchange or repair these items without charge to you, or (with the exception of the perishable and other goods above) for a period of 7 days from the date of sale, provide you with a full refund. We will check the items on their return, and we may request photos of the damage and packaging in order to enable us to investigate the matter with our courier and packing facility. Please note that this is subject to Particular Conditions that may apply to specific sales.

Beyond 7 days, you may assume that a fault in the item that is discovered in the first two months was a fault at the time of delivery (save where the product has a best before date, or where the fault has been caused by you or by the use of the product) and if we are not first able to repair or replace the goods, then we will provide you with a full refund in most cases. In such circumstances, please  email customer services with the details and you will be provided with instructions. It is your responsibility to ensure that the items are adequately wrapped. The goods can also be returned to our stores. All goods should be returned unopened together with an undamaged proof of purchase.

Delivery to Domestic and Overseas addresses

For full information of our delivery services and charges, please contact our Customer Service at sales@britishcolonialmerchants.com. If you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected. We make every effort to despatch items on time. If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer Services team quoting the order reference contained in your Order Confirmation Email.

Depending of the chosen option at the time of purchase by the customer, deliveries may be signed for and are to an address (which must be correct) not a named individual. If a signed delivery at that address is not possible a card will be left saying that delivery was attempted and stating where the items will be held and the options available for delivery to be re-attempted or collection. If the delivery subsequently still fails or the delivery is refused by the recipient (e.g. an unwanted gift) then the goods will be returned to our Distribution Centre and you will be contacted for instructions of where the goods should be delivered. Refunds will not be available in these circumstances. If we are unable to make contact, the returned items will be sent to your address and you will be liable for additional costs.

Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to domestic mainland Jamaica and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible. Any new delivery charges incurred due to such errors will be passed on to the sender.

When shipping overseas, these are made within six working days, subject to customs inspections and delays. For full information of our delivery service, please contact our Customer Service. Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected. However we are unable to guarantee delivery will be made by the one courier visit.

The products specified on this website are suitable and approved for use for customers within the many countries worldwide. Customers who choose to purchase items for usage and distribution to locations outside the Jamaica do so at their own risk and have a personal responsibility regarding compliance with local laws. Due to the potential transit time, it is not possible to order perishable items.

Deliveries to the USA

For regulatory reasons, we are unable to take orders for the delivery of fresh food and alcohol products to mainland USA from Jamaica.

Large International Deliveries

For international delivery of large orders, please contact our Customer Services team at sales@britishcolonialmerchants.com.

Customs Duties

Items for delivery outside the Jamaica may be subject to import duties, taxes and fees. These are levied once the items reach the specified destination. You, the customer, are responsible for import duties, taxes and fees incurred on your purchases. However, for orders placed on our website, you will be charged the delivered price. Customs authorities may request personal information such as Social Security number when inspecting your parcel; failure to provide this information to Customs will result in the parcel being returned, we therefore recommend that the recipient’s telephone details be included with the order. In this instance we are unable to refund the cost of postage and packaging. Please note that for items you order, you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. British and Colonial Merchants Company Limited cannot guarantee that your goods will arrive in the same condition that they were dispatched should they be subject to inspection.

Limitation of Liability

Save to the extent that we are responsible for foreseeable loss and damage caused by us, to the maximum extent permitted by law, British and Colonial Merchants Company Limited accepts no liability and shall not be responsible for any loss or damage, whether foreseeable or otherwise, including direct, indirect, consequential, special or exemplary damages however they may arise.

Events Beyond Our Reasonable Control

We will not be responsible to you for any delay or failure to comply with our obligations under these General Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control, unless you have expressly provided us with a date by which a delivery must be made.

Alterations to this Website and General Terms and Conditions

We reserve the right at any time to make changes to these General Terms & Conditions of Sale, Privacy Policy and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the website or place an order items from the website or other means. We may transfer our rights and obligations under these terms to another organisation. However you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

Waiver

If you breach these General Terms & Conditions of Sale and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

Governing Law and Jurisdiction

These General Terms & Conditions are governed by and construed in accordance with the laws of Jamaica.

Returned Items

For returns authorised by Customer Services if they are damaged, faulty or incorrect they should be returned to the address specified in the email sent by the Customer Service at the time of order with a note setting out the order number (as shown on the delivery note received with the delivery) and the reason for the return.

The return of items is therefore be at the sender's own expense.

Promotions and Promotional Codes

If you have a published British and Colonial Merchants Company Limited promotion code, please note that offers cannot be used in conjunction with any other offers and offers apply to one per household.

Thank you for taking the time to study these terms and conditions. Should you have any further enquiries please contact Customer Services.