CORNISH FARM FOODS PRODUCT TERMS AND CONDITIONS
These terms and conditions (together with the documents referred to in them) (the "Terms") set out the terms and conditions on which we supply any of the products ("Products") listed on our website at www.cornishfoods.com (the "Website"). By placing an order for Products you agree to be bound by these Terms. Please read them carefully before doing so.
We are a local Farm, Kersworthy farm, based in North Petherwin, Launceston, Cornwall Pl15 8NU. We supply free-range products from the farm across the UK.
This Website is owned and operated by Cornish Farm Foods. A company registered in Plymouth at Number 6, The Crescent, Plymouth, England PL1 3AB. The company registration number is 04933175.
• The price of the Products will be as quoted on the Website at the time you confirm your order (usually by clicking the “Checkout” button). If we have by obvious mistake underpriced any Product, we will not be liable to supply that Product at the stated price. We will endeavor to notify you before dispatch. If you subsequently amend your order, the prices charged will be those applicable to the amended Products at the time that you confirm your amended order.
• All prices are expressed inclusive of any VAT payable (unless otherwise stated) at the current rates and are correct at the time of entering the information onto the system.
• The price includes delivery, subject to a minimum order requirement for some postcode areas, which (where relevant) is displayed on the Website.
• People resident in mainland Great Britain and Northern Ireland only intend our Website for use. Some restrictions are placed on the extent to which we accept orders from specific regions within those countries. These restrictions can be found on our Website. Please review our Website before ordering Products
• Payment for Products may be made by:
• Credit card or debit card (pursuant to paragraph 3.6); or
• Cash or cheque (on your receipt of your order and provided that any cheque is supported by a valid cheque guarantee card).
• The credit cards and debit cards accepted by us are any of the following: MasterCard, Visa, Maestro and Solo.
• Pay by credit or debit card, your card will be charged at the time. Any adjustment to your order, which may happen during the confirmation process, will be debited or credited to your card once your delivery has taken place.
• Your credit /debit card will be encrypted to minimise the possibility of unauthorised access or disclosure.
• You agree to indemnify us in full against all loss, cost and expense incurred by us or our agent in obtaining payment from you in the event that we are unable to recover in full the price of any Product ordered by you
• We will notify you as soon as possible if for any reason we are unable to supply a particular Product. We will not be liable to you if we are unable to supply a particular Product. We will try, where appropriate, to offer a substitute but please note that this may affect the price. You may reject any substitute Product and we will refund the amount you have been charged for that substitute.
• Although we will always try to cater for your order, an order of large quantities of a particular Product can only be fulfilled at our discretion.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
• After placing an order, you will receive e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
• The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
• The sales Contract is completed in England and concluded in English.
DELIVERY / RISK AND TITLE
• Your order will be fulfilled by the delivery date as agreed with you and set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances beyond our control.
• Delivery will be made to the address as set out in the Dispatch Confirmation.
• We reserve the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule entirely from time to time.
• If no one is at the specified address when the delivery is attempted the Products may be retained by us. We will leave notification of the attempted delivery and will telephone you to attempt to rearrange the delivery.
• The Products will be at your risk from the time of delivery.
• Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
CANCELLATION AND CHANGES TO AN ORDER
• Orders can be cancelled within a 48-hour notice period.
• We will promptly and fully refund the cost of any Products that do not meet with your reasonable satisfaction. If you want to return a Product to us (because you claim that the Product is defective), after inspection of the Product, please contact us immediately using the Contact Us section of our Website before returning the Product, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
• We will usually refund any money received from you using the same method originally used by your to pay for your purchase.
• If we have sent an incorrect item, please notify us as soon as possible. If you would like us to replace the incorrect item with the item that you ordered, we shall send you the correct one as soon as possible. We will not charge you for the incorrect item.
AMENDMENTS TO WEBSITE
• We reserve the right to alter or withdraw any Products from this Website at any time and/or remove or edit any material or content on this Website and will not be liable to you or any third party by reason of our altering or withdrawing any Product whether or not that Product has been sold or by reason of removing or editing any material or contents of the Website.
• We may update these Terms from time to time. Any changes will be notified to you via the email address provided by you on registration or by a suitable notice on the Website. If you do not wish to accept the new terms and conditions you should cease using the Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.
• To be eligible to purchase Products on this Website you must be legally capable of entering into binding contracts and be 18 years of age or over and have stipulated a delivery address compatible with our delivery schedule, as amended from time to time.
• Each registration is for a single user only. You must not share your user name and password with any other person or with multiple users on a network.
• You are responsible for any activity or order that occurs or is submitted under your email address or your email address in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.
• If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
OUR RIGHT TO REFUSE A TRANSACTION OR TO SUSPEND OR CANCEL YOUR REGISTRATION
• We reserve the right to refuse to process a transaction to any customer and we shall not be liable to you or to any third party for refusing to process a transaction or unwinding or suspending any transaction should the processing have begun.
• We may suspend or cancel your registration immediately without notice at our reasonable discretion or if you breach any of your obligations under these Terms.
• The suspension or cancellation of your registration and your right to use the Website shall not affect either party's rights or liabilities.
DATA PROTECTION AND CONFIDENTIALITY
• It is not our policy to sell, rent or transfer information to third parties for marketing purposes.
• In the absence of our negligence we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
OUR GUARANTEE / LIABILITY
• We guarantee the quality of our Products and warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
• Subject to paragraph 12.3, our liability for losses you suffer as a result of us breaking these Terms is strictly limited to the purchase price of the Product you purchased.
• This does not include or limit in any way our liability:
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
• We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
• Loss of income or revenue;
• Loss of business;
• Loss of profits or contracts;
• Loss of anticipated savings; or
• Loss of data,
• Provided that this paragraph 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 12.1 or paragraph 12.2 or any other claims for direct financial loss that are not excluded by any of categories 12.4.1 – 12.4.5 inclusive of this paragraph 12.4.
• Applicable laws require that some of the information and communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
• All notices given by you to us must be given via the details on the "Contact us" section of our Website. We may give notice to you either via the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
• We may also provide links on our Website to the websites of other companies, like Officially Green for example, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
TRANSFER OF RIGHTS AND OBLIGATIONS
• The Contract between you and us is binding on you and us and on our respective successors and assigns.
• You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
• We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROLS
• We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster (for example, including but not limited to unusual levels of snowfall);
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks; or
• The acts, decrees, legislation, regulations or restrictions of any government.
• Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
• If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
• The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.
• If any part of these Terms is found to be invalid, unlawful or unenforceable to any extent by any court having competent jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. The parties acknowledge that they have not entered into these Terms in reliance upon any statement, representation, assurance or warranty, which is not set out in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
• A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Party) Act 1999 to enforce any term of these Terms.
GOVERNING LAW AND JURISDICTION
• Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
• If you have any concerns about material, which appears on our Website, or if you have any complaints or queries, please contact us on the e-mail address listed on the Website in the “Contact us” section.
Thank you for visiting our Website.