Terms of service
Terms & Conditions
updated 22/7/2022
We are in the business of providing unique handmade smoked food. This site is provided for your pleasure and enjoyment. These are our terms and conditions.
APPLICABLE LAW
These Terms and Conditions shall be construed by the Laws of the Republic of Ireland.
CREDIT CARD FRAUD
We never send emails requiring you to update your account or credit card details via an email link, so please do not respond to any email in our name requesting you to provide any personal or account details via an email link.
COVID 19
Due to the Covid 19 crisis, all couriers are experiencing an enormous increase in demand, and some delays. We monitor this situation continuously, but there will inevitably be times when parcels are held up, especially at Christmas. We will deal with this to the best of our ability, but please bear in mind we are not a courier company, and once the parcel leaves our premises, we do not have any direct control over the situation. By placing an order with us at this time you are acknowledging this risk.
BREXIT
Sadly, due to the very onerous administrative burden and cost of customs processing imposed by Brexit, not to mention likely customs delays, we are not currently shipping to the UK, other than Northern Ireland.
We’d like to sincerely thank all the British customers who have shopped with us for decades. We sincerely hope that the relevant authorities will make it feasible for us in the future.
CHANGES
From time to time we may change our Terms & Conditions and it is your responsibility to check these pages regularly to ensure that our Terms & Conditions are acceptable to you before you use our website. Your use of the www.frankhederman.com site indicates your agreement to be bound by the new Terms and Conditions.
DISCLAIMER
We make no representations or warranties with regard to suitability for purpose of the information and graphics used in this site. There may be some technical or unintended typographical errors for which we exclude ourselves from liability as permitted by law. Your statutory consumer rights are not affected.
Neither Frank Hederman T/A Belvelly Smoke House or its associates, employees or agents shall be liable for damage direct, indirect or consequential arising out of the use of this site. We cannot warrant that this site is free from viruses or such like.
All orders for products are subject to availability. We reserve the right to decline to supply to any customer for whatever reason.
COPYRIGHT
All design, graphics and text in this website are the copyright of Frank Hederman T/A Belvelly Smoke House. Any use of materials on this site without the prior written permission of Frank Hederman T/A Belvelly Smoke is not allowed. If you wish to use any information for media articles, please contact us at shipping@frankhederman.com
NOTIFICATION OF CONTENT
Please note that some products may contain allergens. Please read the label, or consult with us by email shipping@frankhederman.com if you are concerned about food allergens, before consuming the product.
Please note that while every effort has been made to remove fish bones & shell fragments from our products we cannot guarantee complete absence of same.
ORDERING & DISPATCH
As our food is produced fresh in small batches using handmade, artisanal methods, we may require some notice to dispatch goods.
If you need items to keep until a particular date, please check the shelf life information to ensure that it is suitable.
AVAILABILITY
Our process is a natural one which cannot be rushed. Our orders are mostly bespoke, so that in so far as possible our customers receive the freshest fish from the latest smoke.
We endeavour to hold sufficient raw materials to meet all orders. However, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion delay delivery until the product is in stock, or refund you the price paid for such goods as soon as possible. We shall inform you as soon as is practicable if the goods you have ordered are not available.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you.
CLICK & COLLECT If any products you order become unavailable at short notice, we will offer an alternative equivalent product.
PAYMENT
You can pay by any Mastercard or Visa credit card, or debit card.
Authority for payment must be given at the time of placing your order. As soon as you have placed your order, having approved the invoice total and your preferred delivery time, your payment will be processed.
We do not capture or store sensitive credit card or bank information on our site. Your card details are only collected on Stripe or PayPal’s Secure Servers and are only held for the minimum time needed to complete individual transactions.
DELIVERY ADDRESS
It is best that your delivery address is an office or a place of work where delivery can be signed for 9am –5pm (or normal office hours) Monday–Friday.
We do not recommend giving a home address, especially during busy times when you/the recipient may not want to be restricted while waiting for the delivery to be made.
To prevent fraud, we are unable to change the shipping address once the order has been placed. However, please read on*, or contact us shipping@frankhederman.com for advice.
EU & NORTH AMERICA
DHL will require a signature on delivery of your order. It is best that your delivery address is an office or a place of work where delivery can be signed for 9am –5pm (or normal office hours) Monday–Friday.
DHL will generally not deliver to an unattended address, including PO Box numbers, as they always require a signature.
However, as soon as the parcel is dispatched, *DHL will give you (not us) the permission to alter the shipping address, or give alternative instructions.
Please note, if you ask them to leave the parcel unattended without a signature, DHL will not accept responsibility if the parcel goes missing, so please make sure it is a safe place.
Any goods left at an address other than the delivery address given by you when you place your order (at your instruction), are left entirely at your own risk and we accept no liability whatsoever in such circumstances.
IRELAND
DPD (Ireland, north and south) will deliver parcels without a signature by arrangement directly with you. If you prefer to sign for your parcel, then we recommend that your delivery address is an office or a place of work where delivery can be signed for 9am –5pm (or normal office hours) Monday–Friday.
Any goods left at an address other than the delivery address given by you when you place your order (at your instruction), are left entirely at your own risk and we accept no liability whatsoever in such circumstances.
DETAILS REQUIRED
It is essential that you provide the telephone number for the delivery address – and the postcode if you live in an area where postcodes are used.
If you have an address which is difficult to locate, please give concise instructions, which we will pass on to our couriers.
Please make sure you provide a valid and correct email address, as we will use this for all communication with you, including notification as to when the order is dispatched, tracking number etc. All delivery information should be passed on to your gift recipient.
DELIVERY PROCESS
After placing your order, you will receive a confirmation email and on this email on the link "View Your Order", you can follow your order status, check your courier tracking number, and sign up for courier notifications. If you do not receive a confirmation e-mail, please contact us.
If you are sending a gift, please ensure that you forward the delivery information and tracking number to your gift recipient so that they are aware that a parcel will be delivered to their home and that they must be present to sign for it or to look out for it.
Orders are delivered by couriers, who provide a 24–48 hour delivery service and you can check progress using the tracking number you have been given.
We cannot be responsible for non–delivery due to local holidays etc. Please check your diary to avoid such dates.
Smoked salmon sides will be vac–packed and delivered in temperature–stable packaging. On receipt it should be refrigerated 0–4C.
VAT CHARGES ON DELIVERY
VAT is included in the price of all of our products. Please contact us at shipping@frankhederman.com with your order number if you require a VAT receipt.
CUSTOMS IMPORT CHARGES
Some countries outside the EU (such as Switzerland, USA, Canada) may impose import customs duties. These charges are beyond our control, and it is the customer's responsibility to pay them.
RESTRICTIONS ON IMPORTS
Some countries restrict the quantity of smoked salmon that can be imported. Please check this with local customs as we cannot be held responsible for non–delivery or delays caused by local customs offices.
DELAYS WITH AIRFREIGHT
We monitor this situation continuously, but there will inevitably be times when parcels are held up, especially at Christmas. We will deal with this to the best of our ability, but please bear in mind we are not a courier company, and once the parcel leaves our premises, we do not have any direct control over the situation. By placing an order with us at this time you are acknowledging this risk.
CLICK & COLLECT SERVICE
Collection addresses currently include English Market, Midleton Farmer’s Market, Cobh Farmer’s Market & Belvelly Smoke House.
If any products become unavailable at short notice, we will contact you to organise an alternative.
Collection: You will be notified by email when your order is ready to collect. Please collect your shopping promptly, especially from the English Market, as we have very little storage space. If you miss your collection day, please email with your order number shipping@frankhederman.com.
TERMINATION
We reserve the right to supply or deliver, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of any obligation under our terms and conditions or you become unable to pay for your goods when payment becomes due.
REFUND POLICY
We will endeavour to make sure that your order reaches you in good condition, and that you are satisfied with our service.
In the event that the items you receive are found to be defective or damaged upon receipt, refunds or replacements are at the discretion of Frank Hederman T/A Belvelly Smoke House.
Please contact us straightaway in writing by email shipping@frankhederman.com and provide the details of your complaint, with photographs to illustrate. All complaints should be made within 24 hours of receipt of the order.
You may be asked to return the goods, but please do not return without a request from us in writing by email. You may only dispose of the goods with our permission, also in writing. Since the goods are perishable we ask that you keep them refrigerated at 0–4C
FORCE MAJEURE
We shall not have any liability for any failure or delay in supply or delivery, damage or defect, to goods supplied or delivered that is caused by any event or circumstance beyond our reasonable control such as weather conditions or a force majeure event.
CUSTOMS DELAYS
We do not offer refunds on orders damage by delays caused by circumstances beyond our control. Refunds for delays caused by customs will be entirely at our discretion.
CANCELLATIONS
If your order has not been packed or dispatched by the time you cancel then we can offer you a full refund.
However, since online payments are processed by the credit card company as soon as you have approved and placed your order, you may be liable for the cancellation fee as charged to us by the credit card company.
As a general rule orders can be cancelled up to 48 hours before the preferred delivery week (Monday) without incurring a charge from the smoke house, unless the order has already been dispatched.
You should notify us of your desire to cancel by sending us an email shipping@frankhederman.com. Once the status of your order is changed by us, you will automatically receive an email confirming this. You will also receive a refund as soon as practical
SHIPPING COSTS
In the case of damage caused by delivery, delayed or otherwise, we regret that we are unable to refund the cost of shipping unless our courier admits liability and refunds Frank Hederman T/A Belvelly Smoke House, in which case we will refund shipping costs to you. Please note that generally courier companies offer refunds only when the shipment is lost irretrievably. They do not always refund the cost of late shipments, nor do they do not accept liability for perishable goods.
DISPUTE RESOLUTION
In the event of any dispute arising out of this contact the parties shall make every effort to resolve the matter informally between them. If resolution is not possible in this way, the dispute can be referred to an independent mediator who shall be agreed between the parties. In the event that a mediator cannot be agreed by the parties within 21 days of a request to appoint a mediator the President for the time being of the International Centre for Dispute Resolution shall appoint a single independent mediator. The cost of the mediation shall be shared equally between the parties. In the event that the mediator is unable to resolve the dispute the parties may submit the matter to the jurisdiction of the Irish Courts.