TERMS & CONDITIONS
TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS BY DAYLESFORD
1.3 You should print a copy of these Terms or save them to your computer for future reference.
1.4 We may 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.
1.5 These Terms, and any contract between us, are only in the English language.
2.1 These Terms apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact Daylesford for details at email@example.com.
2.2 You may only purchase Products from our site if you are at least 18 years old. In particular, we are not allowed by law to supply intoxicating liquor if you are under the age of 18. If you are under 18, please do not attempt to order Products through our site. Please note, pursuant to the Licensing Act 1964 it is an offence for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1000.
2.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
BASIS OF SALE
3.1 Our website is set-up to guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.
3.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the paragraph below.
3.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.5 If we are unable to supply you with a Product, for example because that Product is not actually in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
PAYMENT AND PRICES
4.1 The price of the Products and our delivery charges will be as quoted on the site at the time you submit your order and will be advised during the check-out process before you confirm your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see Paragraph 4.5 for what happens in this event.
4.2 The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being. VAT receipts are available on request.
4.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders already placed.
4.4 Payment can be made using Master Card, Visa, Switch, Delta, Maestro and PayPal. Payment for the Products and all applicable delivery charges is in advance.
4.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will refund the difference when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
5. All orders are wrapped into a Daylesford branded cardboard box with wood wool free of charge. Additional gift message can also be specified in the shopping basket. If you require extra wrapping then you need to contact the Personal Shopping Team on 0800 831 233 paying for such gift wrapping charge directly.
6.1 To UK mainland addresses, a single delivery of items other than large heavy orders (particularly wine and bulky homeware items) will be charged at £8.00 for pre-noon delivery, £12.00 for a pre-10.30am delivery and £5.95 for pre 6pm delivery. Next working day delivery is available if ordered before 1pm. Please note, due to the delivery being by way of third party courier we cannot guarantee delivery before the specified time. Daylesford also cannot be held liable for failure to deliver due to circumstances beyond our control.
6.2 Delivery charges are for one delivery to any single mainland United Kingdom address. This excludes the Isle of Man, Northern Ireland, Scilly Isles, some remote areas of Scotland, and the Scottish islands. Some products, particularly fresh foods, may not be able to be sent to these locations due to transit times. Please contact our personal shopping team to arrange offshore delivery, a surcharge will be payable for deliveries to these locations.
6.3 Daylesford does not offer an International Delivery Service for online orders, however our Personal Shopping Team are happy to advise what products we can send overseas – please contact them on 0800 083 1233. You may place an order online for products from outside the UK, but this order must be for delivery to a UK mainland address.
6.4. Please choose the delivery day and time at the check-out. In the circumstance that we are unable to fulfil your order due to stock availability we will call and email you to advise on the next best delivery day, or suggest a substitute.
In the event that we are unable to meet estimated dispatch dates because of exceptional circumstances, we will contact you via phone and email with a revised estimated dispatch date.
For Christmas and season delivery, please see our schedule www.daylesford.com/delivery
6.5 Fresh products are sent packed in insulated boxes with ice packs.
6.6 Delivery will be completed when we deliver the products to the address you gave us.
6.7 All deliveries require a signature at the point of receipt. If the delivery service is unable to obtain a signature because the recipient is out please contact our delivery partner DPD via the instructions sent to you by SMS and/or email. If you need to alter the address for delivery prior to dispatch, please e-mail firstname.lastname@example.org or contact DPD directly via their SMS or email service. Please note, for fresh food deliveries it is recommended that the package is delivered to an address where it can be received, as products held in postal depots cannot be guaranteed to be refrigerated whilst being held.
6.8 The Products will be your responsibility from the completion of delivery.
6.9 You own the Products once we have received payment in full, including all applicable delivery charges.
6.10 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this paragraph, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order for late delivery under this paragraph, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
To discuss delivery please contact Daylesford on the email@example.com or 0800 083 1233.
CANCELLATION AND RETURN
7.1 As a consumer, you have a legal right to cancel a Contract during the period set out in Paragraph 7.3 below. This means that during such period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of any custom-made or personalised Products, any food and drink items given that are liable to deteriorate or expire rapidly or any long-life food and drink items where the seal has been broken, due to hygiene and healthy protection reasons.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
END OF THE CANCELLATION PERIOD
Your Contract is for a single Product (which is not delivered in installments on separate days)
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January
Your Contract is for multiple Products which are delivered on separate days
The end date is 14 days after the day on which you receive the last of the separate Products ordered
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of any or all of the separate Products at any time between 1 January and the end of the day on 29 January
Your Contract is for the regular delivery of a Product over a set period
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
7.4 To cancel a Contract in accordance with your legal right to do so, you just need to let us know. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also contact our Customer Services telephone line on 0800 083 1233 or e-mail us at firstname.lastname@example.org or notify us by post to Daylesford Farmshop, Daylesford nr Kingham, Gloucestershire, GL550YG to tell us. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or post, then your cancellation is effective from the date you sent us the e-mail or post the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
7.5 If you cancel the Contract, we will:
(a) refund the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery charges you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product pre-noon but you choose to have the Product delivered pre-9am at the higher cost, then we will only refund what you would have paid for the cheaper deliver option;
(c) process the refund due to you as soon as possible and, in any case, within the following deadlines:
(i) if you have received the Product or we have dispatched it to you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
(ii) if we have not dispatched the Product: 14 days after you inform us of your decision to cancel the Contract.
(d) please note we require a minimum of 14 days’ notice for the cancellation of a floristry course. Post this time no refund can be made, however we will happily transfer your booking to another Daylesford floristry course of the same value, duration and one within 6 months of your original booking.
7.6 If you have returned the Products to us because they are faulty or mis-described, 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. We will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.8 If the Products were delivered or dispatched to you before you decide to cancel your Contract:
(a) you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to our return address: Returns, Daylesford Organic Ltd, Daylesford Farmshop, Daylesford nr Kingham, Gloucestershire, GL560YG.
(b) unless the Products are faulty or not as described (in this case, see Paragraph 7.6), you will be responsible for the cost of returning the Products to us.
7.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 Every effort is made to ensure that all the information provided on the Daylesford website is correct at the time of publishing but we make no warranties or representations as to its accuracy.
8.2 The images of the Products on our site are illustrative only. Your Products may vary slightly from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase.
8.3 Where the product is a collection of many products, such as our hamper ranges, a full list is supplied.
9.1 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 of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
10.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Paragraph 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or adverse weather conditions such as snow.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
11.2 Other than for methods of communication as are expressly referred to in these Terms, if you wish to contact us in writing for any other reason, you can send this to us by e-mail to email@example.com or by post to Daylesford Organic Ltd, Daylesford Farmshop, Daylesford nr Kingham, Gloucestershire, GL560YG. You can always contact us using our Customer Services telephone line of 0800 083 1233.
11.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
11.4 For contractual purposes, you agree to 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 legal rights.
OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
12.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. We will not file a copy of the Contract between us.
12.7 If you have any queries, complaints, suggestions or comments about our Products, Services or these Terms or wish to order by telephone please contact us on 0800 083 1233 or email at firstname.lastname@example.org.
12.8 Definitions in these conditions
‘Product or Products’ means Daylesford good(s) listed on the website.
‘we’, ‘us’, ‘our’ means Daylesford Organic Ltd, a company registered in England and Wales under company number 03868901 and with our registered office at 19 Mossop Street, London SW3 2LY. Our main trading address is Daylesford Farmshop, Daylesford nr Kingham, Gloucestershire GL56 0YG. Our VAT number is GB800298256
‘you’, ‘your’, means one of our customers.
PRIVATE EVENT HIRE
In these terms:
1.1 ‘Equipment’ means all necessary crockery, glassware, cutlery, linen and all other items which shall be used by us in provision of the services.
1.2 ‘Function’ shall refer to the function as stated on the front sheet.
1.3 ‘Fees’ means the amount stated on the front sheet to be paid to us taking into account any adjustment in accordance with clause 4 of these terms relating to the number of guests confirmed to be attending the function.
1.4 ‘Premises’ means the premises stated on the front sheet which shall be accessible to us in order to provide the services.
1.5 ‘Services’ refers to all aspects of catering as stated on the front sheet including the provision of all equipment.
1.6 ‘Terms’ refers to these terms and conditions and any additional special terms.
2.1 In consideration of fulfilment of your obligations under these terms, we shall provide you with the services subject to and in accordance with these terms for the duration of the function which is stated on the front sheet.
2.2 We shall use reasonable skill and care in the provision of the services and shall execute our obligations under this agreement in a proper, diligent and efficient manner.
In particular, we shall take all necessary precautions and act with all due diligence in the preparation and processing of all food to be consumed at the function in order to prevent and avoid any breach of any legislation, regulations and codes of practice.
3.1 Upon entering into this agreement, you are required to pay us a deposit
3.2 The agreed fee is payable no less than 28 days prior to the event unless otherwise stated on the front sheet.
3.3 The final balance is then to be settled in full the day after the event unless otherwise stated on the front sheet.
3.4 In the event of equipment being used when our staff are not present at the event, a fee will be charged to compensate for any damage to goods, should any breakages occur.
3.5 If you fail to pay any sum on the due date before the function, we shall be entitled to treat the agreement as having been cancelled by you on the date that the payment is due. The provisions of clause 6 of these terms shall then have affect.
3.6 If you do not pay any sum due to us on the due date after the function, you shall be required to pay additional interest both before and after any judgement from the due date until the date on which the sum is paid (inclusive) at the rate of 2% over Barclays Bank Plc base lending rate from time to time.
- Guest numbers
4.1 You shall confirm with us the number of guests attending the function no later than 14 calendar days prior to the event. Any number changes thereafter will not be taken into account when issuing the final bill.
4.2 Where the number of guests confirmed to us is at least 95% of the provisional number stated on the front sheet, the fee will be adjusted proportionately (up or down). We shall endeavour to accommodate your request to provide service to an increased number of guests but cannot guarantee such provision. Upon such a request, we will confirm maximum numbers of guests to you before the function and revise the fee.
4.3 Where the number of guests confirmed is less than 95% of the provisional booking, you shall pay a proportionate part of the fee plus any costs, expenses and loss of profit we might incur or suffer as a result. However, in such an event you shall not be liable to pay more than an amount equivalent to 95% of the total quoted fee.
5.1 You may cancel or postpone the provision of services in writing subject to the following amounts:
*25% of the total quoted fee is payable if you cancel within 14 days of the event
*50% of the total quoted fee is payable if you cancel within 7 days of the event
*75% of the total quoted fee is payable if you cancel within 4 days of the event
*The full fee is payable if you cancel less than 4 days in advance.
5.2 Cancellation charges are due within 14 days of cancellation of the date of your function. We shall be entitled to retain any deposit received from you in satisfaction or towards satisfaction of any cancellation charge due.
The client may not display their own corporate branding on Daylesford’s site without express prior agreement
We shall do all that we reasonably can to perform the services in accordance with this agreement. However, in the case of unforeseen circumstances beyond our reasonable control (including delay or inability to provide the services caused by an act of omission of any third party, any breakdown or machinery, failure of or delay of supply, strike, industrial action or an act of God) we may not be able to do so. In such an event, we shall contact you and agree an alternative date.
As we enhance and make improvements to the Farmshop/site, there will be times whereby building works will take place. We will keep you fully briefed of all developments should they have an impact on your event and we reserve the right to alter your function location to a suitable replacement should this be deemed necessary.
It is our intention that all the terms of this agreement are contained in these terms, special terms and on the front sheet. You may only vary these terms by obtaining confirmation of such variation in accompanying special terms signed by us.
The contract shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.