Terms & Conditions
Welcome to The Fine Source. This page, together with our Privacy Policy and Terms of Website Use, gives you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site).
The Products we sell are available to both personal and business customers. We refer to personal customers as “consumers” — an individual buying our Products for his own private use outside his business, trade or profession.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully before ordering any Products from our site. By using eu.thefinesource.com you agree to be bound by these Terms.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
We operate the website eu.thefinesource.com. We are Attilus GmbH, a company registered in Germany (Amtsgericht Stendal) under HRB 21846, with registered office at Gewerbepark 22, 06917 Jessen, Germany. Our VAT number is DE293597316.
Contacting us (consumers): You can email us at hello@thefinesource.com or telephone +49 353 7203850, or write to Attilus GmbH, Gewerbepark 22, 06917 Jessen, Germany.
Contacting us (businesses): You may contact us by telephoning +49 353 7203850 or emailing hello@thefinesource.com.
2. Our Products
Images of Products on our site are for illustrative purposes only. The Products we sell include perishable food items (such as caviar and olive oil) which have limited shelf lives and must be kept refrigerated at all times (Food Products), and non-perishable items such as spoons and gift boxes (Non-Food Products).
Due to the artisanal and natural nature of certain luxury food products, minor variations in colour, texture, aroma or packaging do not constitute defects.
3. Use of Our Site
Your use of our site is governed by our Terms of Website Use. If you create an account on our site, you are responsible for maintaining the confidentiality of your account login details. You must notify us immediately if you suspect any unauthorised use of your account. You must not use automated systems, bots or scraping tools to access or extract data from our site without our prior written consent.
4. How We Use Your Personal Information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5. If You Are a Consumer
This clause only applies if you are a consumer. You may only purchase Products from our site if you are at least 18 years old.
6. If You Are a Business
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site. These Terms and our Privacy Policy and Terms of Website Use constitute the entire agreement between you and us and supersede all previous agreements relating to their subject matter.
7. How the Contract Is Formed Between You and Us
Our order process allows you to check and amend any errors before submitting your order. After you place an order, you will receive an email acknowledging receipt. Our acceptance of your order takes place when we send you a Dispatch Confirmation email confirming that the Products have been dispatched. The Contract between us is only formed at that point.
If we are unable to supply you with a Product (because it is out of stock, unavailable, or due to a pricing error), we will inform you by email and will not process your order. If you have already paid, we will refund you the full amount as soon as possible.
8. Our Right to Vary These Terms
We amend these Terms from time to time. The Terms in force at the time of your order will apply to the Contract between you and us. If we need to revise these Terms as they apply to your order, we will contact you with reasonable advance notice and give you the option to cancel.
9. Your Consumer Right of Cancellation, Return and Refund
This clause only applies if you are a consumer. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below.
This cancellation right does not apply to Food Products, because they have short shelf-lives, must be refrigerated, and are liable to deteriorate rapidly.
For Non-Food Products, your right to cancel starts from the date of the Dispatch Confirmation. Your deadline for cancellation is 14 days after the day on which you receive the Product. To cancel, email us at hello@thefinesource.com stating your name, address, the Non-Food Products ordered and the date of receipt.
Perishable Food Products – Inspection and Reporting: You must inspect Food Products immediately upon delivery. Any claim relating to condition at the time of delivery must be notified to us in writing within 24 hours of delivery, with clear photographic evidence. From the time of delivery, you are responsible for ensuring Food Products are immediately refrigerated and stored strictly in accordance with the storage instructions provided.
10. Delivery
We aim to deliver within 4 working days. Orders should be placed before 15:00 Monday to Thursday. Orders for Food Products placed after Thursday 15:00 will be delivered on the following Tuesday. All delivery dates are estimates unless expressly stated to be guaranteed in writing.
We deliver to UK mainland addresses only. Delivery of Food Products requires a person to be present to accept delivery — Food Products are highly perishable and require immediate refrigeration. We do not deliver to PO Boxes.
If delivery cannot be completed due to an incorrect address, refusal to accept delivery, or no one being available, and the Products subsequently deteriorate or are lost, we shall not be responsible for such deterioration or loss.
You own the Products once we have received payment in full, including all applicable delivery charges.
11. International Delivery
We deliver to addresses within the European Union. For delivery to the United Kingdom, please visit our sister company www.thefinesource.com.
12. Price of Products and Delivery Charges
The prices of Products will be as quoted on our site at the time you submit your order. Prices include VAT at the applicable current rate. Delivery charges are displayed during the checkout process.
Despite our reasonable efforts, some Products may be incorrectly priced. If we discover a pricing error, we will contact you to give you the option to continue at the correct price or cancel. We reserve the right to refuse or cancel any order where we reasonably suspect fraud or unlawful activity.
13. How to Pay
You can pay using a debit card, credit card or other electronic payment methods. All card holders are subject to verification checks and authorisation by the card issuer. Payment for Products and all applicable delivery charges is required in advance.
14. Our Warranty for the Products
We provide a warranty that the Products shall be fit for consumption at the time of delivery when stored in accordance with instructions and free from material defects. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are defective or not as described.
15. Our Liability if You Are a Business
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979, or defective products under the Consumer Protection Act 1987.
Subject to the above, we will not be liable to you, whether in contract, tort, breach of statutory duty or otherwise, for any loss of profits, sales, business or revenue; loss or corruption of data; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
Our total liability to you in respect of all losses arising under or in connection with the Contract shall not exceed 100% of the price of the Products.
16. Our Liability if You Are a Consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or negligence. We are not responsible for any loss or damage that is not foreseeable.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the Consumer Rights Act 2015; or defective products under the Consumer Protection Act 1987.
17. Events Outside Our Control
We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control — meaning any act or event beyond our reasonable control, including strikes, civil commotion, terrorist attack, war, fire, flood, earthquake, or failure of public telecommunications networks.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. If you opt to cancel, we will refund the price you have paid, including delivery charges.
18. Communications Between Us
“In writing” includes email. For consumers, please contact us as described in clause 1. For businesses, formal notices must be delivered personally, sent by pre-paid first class post, or emailed to us at hello@thefinesource.com.
19. Other Important Terms
These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in a Member State of the European Union, mandatory consumer protections in your country of residence continue to apply. For businesses, the courts competent for Attilus GmbH’s registered office in Jessen, Germany shall have exclusive jurisdiction.
We are not obliged to participate in an alternative dispute resolution scheme but will consider complaints in good faith.
20. Food Safety and Allergens
We provide ingredient and allergen information in accordance with applicable UK food information regulations. It is your responsibility to review this information before placing an order. If you purchase Products as a gift, you are responsible for ensuring the recipient is informed of storage and allergen information.
Food Products must be stored strictly in accordance with the storage instructions provided. Unless expressly stated otherwise, caviar and other chilled Food Products must be kept refrigerated and must not be frozen.
21. Subscriptions
Subscription Products are recurring deliveries of Products. By subscribing, you agree to receive the Products automatically at the chosen frequency. Subscriptions will continue automatically until you cancel.
Payment for each subscription delivery will be collected in advance using your selected payment method. You may cancel your subscription at any time by contacting us at hello@thefinesource.com. Cancellation takes effect after the last delivery for which you have paid.
Refunds for cancelled subscriptions will only apply to undelivered Products or deliveries not yet dispatched. Refunds for perishable Food Products already delivered are not provided unless the Products are defective or not as described.