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TERMS & CONDITIONS

TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS BY DAYLESFORD

1.1 This page (together with our privacy policy and terms of website use) tells you information about Daylesford and the legal terms and conditions (“Terms”) on which we sell any of the products listed on our website (“Products”) to you either through use of the online checkout or by phone to the Personal Shopping Team on 0800 083 1233.

1.2 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 or via our mail-order number. Please note that before ordering any Products you will be asked to agree to these Terms and the Terms of Website Use and Privacy Policy. If you refuse to accept these Terms you will not be able to order any Products from our site.

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.

CONSUMER STATUS

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 adam.cooper@daylesford.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.

GIFT WRAPPING

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.

DELIVERY

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. You may place an order 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 onlineshop@daylesford.com 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 onlineshop@daylesford.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:

YOUR CONTRACT

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 onlineshop@daylesford.com 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.

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.

ERRORS

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.

OUR LIABILITY

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 thefarm@daylesford.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 onlineshop@daylesford.com.

12.8 Definitions in these conditions
‘Product or Products’ means Daylesford good(s) listed on the website.

ABOUT US

‘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.

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