Hertfelt Produce Terms and Conditions
This page tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.hertfeltproduce.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.hertfeltproduce.co.uk is a site operated by Ralph Catton Limited (we). We are registered in England and Wales under company number 2373959 and with our registered office at Faulkners End Farm, Roundwood Lane, Harpenden, Herts. AL5 3PG.
2. YOUR STATUS
By placing an order through our site, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old;
c. You are resident in the UK; and
d. You are accessing our site from the UK.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy a Product, including any delivery charges that apply to your purchase. 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 goods are accepted for sale to you (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. As the conformation is sent to you automatically, an error may have been made of which we are not aware despite our best efforts. Because of this, we retain the right to cancel the order. All orders will be subject to these conditions.
3.2 The Contract will relate only to those Products whose items we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until such Products have been confirmed.
3.3 Our acceptance of your order is conditional on the availability of the Products you have ordered. Due to the fact that we are a small business there may be periods where stock is unavailable. If any of the Products you have ordered are unavailable, or should events occur beyond our reasonable control, we reserve the right to cancel your order without liability. In such circumstances we shall let you know as soon as possible and give advice on the anticipated dispatch dates.
3.4 The information provided for each Product is accurate at the time we published the information. We sometimes use props in our photography and in these cases the product description or list clearly defines what is being advertised for purchase.
4. CONSUMER RIGHTS
4.1 You may cancel a Contract within 24 hours of ordering but before dispatch. To do this you must inform us immediately by telephone or email. Refunds will be subject to a fee of 50p.
5. DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation unless there are exceptional circumstances.
5.2 To ensure freshness of products and to minimise handling times so that orders arrive in perfect condition, orders are delivered by next day courier. However for local customers (within a 15 miles of the farm) deliveries can be arranged and confirmed through email or telephone on an individual basis. Fresh and frozen products are delivered in temperature controlled boxes with ice packs.
5.3 Orders are delivered by next day courier to the address supplied by you, unless you have specified and agreed an alternative address.
5.4 It is your responsibility to ensure someone is available to accept delivery. All orders require a signature on delivery. Hertfelt Produce cannot be held responsible for damage caused to fresh and frozen goods caused by Products not being refrigerated or frozen upon delivery.
6. RISK AND TITLE
6.1 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. The Products will be at your risk from the time of delivery or collection. It is the policy of Hertfelt Produce to ensure that all goods are supplied to our customers in perfect condition and that every precaution is taken to protect the integrity of the Product that is sold.
7. PRICE, PAYMENT AND SUBSTITUTIONS
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices exclude delivery costs, which will be added to the total amount due as set out in our Delivery Options page.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Every effort is made to ensure that all the information provided on the Hertfelt Produce website is correct at the time of publishing. Whilst we use reasonable efforts to include accurate and up-to-date information on the site we make no warranties or representations as to its accuracy. We assume no responsibility for any errors or omissions in the content on the Site. Information about Hertfelt Produce and services are illustrative only.
7.5 With regard to pricing errors on the Site, we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
7.6 Goods are charged at the price shown on the product pages of our online shop on the date the customer places the order, subject to pricing errors (reference 7.5).
7.7 In the event of a particular Product being unavailable we reserve the right to substitute a similar product of equal or higher value or deliver the remaining items on your order and refund the difference accordingly. We will make reasonable efforts to contact you first. The weight of the boxes are approximate and might vary slightly due to variability in carcass sizes.
7.8 Online payment for all Products must be by credit or debit card. We accept payment from all major credit and debit cards. Payment will be debited at time of order through the HBOS payment system. Alternatively payment will be accepted by cheque for telephone or on farm orders. All cheques should be made payable to Hertfelt Produce with the cheque guarantee card number on the reverse. No goods will be dispatched until credit/debit cards or cheque transactions have been authorised and payment received.
8. OUR REFUNDS POLICY
8.1 Refunds will be accepted in the following circumstances
a. Orders cancelled once the Products have been dispatched from us will not be subject to a refund of the Product.
b. Products damaged in transit must be noted at the time of delivery, documented on the delivery note and delivery refused. It is the customer’s responsibility to check the Products for damage with the delivery driver and to notify us of any damages immediately by telephone and/or email (01582 761123 or 07790322886 / tomcatton@hertfeltproduce.co.uk). We will not accept claims for Products damaged in transit that were signed for as being in good condition.
c. For defective Products refunds will be given subject to section 8.1 b if frozen Products arrive thawed out or fresh Products arrive in poor condition. For defective Products we will notify you of your refund via e-mail within a reasonable period of time or by telephone and letter. 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 in writing that you were entitled to a refund for the defective Product. It is not possible to return fresh food because it is likely to deteriorate in the return process. This does not affect your statutory rights.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and that every precaution is taken to protect the integrity of the Product that is sold.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 This does not include or limit in any way our liability
a. For death or personal injury caused by our negligence;
b. Under section 2(3) of the Consumer Protection Act 1987;
c. For fraud or fraudulent misrepresentation; or
d. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 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 (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10. ACCESS TO www.hertfeltproduce.co.uk
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.
12. NOTICES
12.1 All notices given by you to us must be given to Ralph Catton Ltd, Faulkners End Farm, Roundwood Lane, Harpenden, Herts, AL5 3PG or tomcatton@hertfeltproduce.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 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.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 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.
13.3 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.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 events outside our reasonable control (Force Majeure Event).
14.2 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:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
14.3 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 endeavours 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.
15. WAIVER
15.1 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, 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.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. DEFINITIONS IN THESE CONDITIONS
‘Goods’ means the goods in your shopping basket at the time of ordering. It includes any service that comes with any goods.
‘Product or Products’ means Hertfelt Produce goods.
‘we’, ‘us’, ‘our’ means Hertfelt Produce.
‘you’, ‘your’, means one of our customers.
21. PRIVACY POLICY
In order for Hertfelt Produce to process your order we collect personally identifiable information relating to you including name, address, phone number, credit/debit card information.
We will only use your Personal Information for the purpose(s) for which you provide it to us – including, respond to your enquiries, handle orders, deliver items and process payments, communicate with you about orders, products, services and promotional offers, update our records and maintain any online account you may have with us, prevent or detect fraud or abuses of our Website.
We do not pass on personal details of our customers to third parties.
From time to time we employ other companies to perform functions on our behalf including fulfilling orders, delivering packages, sending customer communications, analysing data, processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Fraud / Credit Risk:
• Where necessary to prevent fraud or reduce credit risk we may exchange your Personal Information with other companies and organisations.
• We may transfer Personal Information which users in the European Union provide to us, to other countries (including the United States), the data protection laws of which may differ from those of the European Union, and you expressly agree to such transfer.
• We reserve the right to revise this Privacy Statement or any part of it from time to time. Please review the Privacy Statement periodically for changes. Unless stated otherwise, our current Privacy Statement applies from time to time to all information that we have about you.
22. SECURITY
We employ security measures to prevent unauthorised access to information that we collect online.
We use a secure online order form for all purchases made via the Website.
All data transmitted via this form (including credit card details) is 128bit encrypted to ensure secure transmission.
Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly please do not send any sensitive information such as credit card details or passwords via email.