These Terms and Conditions govern your use of the http://www.pecksfarmshop.co.uk/ website (the Website), your relationship with Pecks Farm Shop and all orders you may make via the Website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Pecks Farm Shop or use the Website. Please note that to use the ordering and account management services provided on the Website, you are required to have an account with us.
The Website is provided to you free of charge for your personal use, subject to these Terms and Conditions. By using the Website and services you agree to be bound by these Terms and Conditions.
These Terms and Conditions do not affect your statutory rights.
1. Ordering and Registration
1. To order from Pecks Farm Shop, you must be over eighteen years of age.
2. When you place an order and/or register with us you must ensure that the details provided by you are correct and complete.
3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
2. Password and security
1. When you register you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
2. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
3. Product purchases
1. You may submit orders within the specified ordering times published on the Website by using our online ordering facility. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
2. Your submission of an order amounts to an offer to enter a contract to
buy the products from us; you cannot then withdraw or cancel your order except as stated below.
3. No order is accepted from you until we confirm this by writing to you or by delivering the products. A contract for our sale of products to you arises on our acceptance of your order.
4. Where we accept an order, we do all that we can to ensure that your order is fulfilled; products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered and if we are not able to substitute a similar item we will remove it from your order so that you are not charged or, if you have paid already, we will refund you the price. Click here for our refund policy. We will, however, bear no liability for unavailability of products.
5. Due to the nature of the products offered on the Website all products offered by us are subject to occasional change in price. We will endeavour to warn you of any changes to the price or availability of items in our range. However, we reserve the right to change our prices and products without notice to reflect such changes. Current prices will always be shown in the catalogue section of our website and can be obtained by telephoning the office.
6. Some of our products are priced by weight. The guide weight and associated price are for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of product delivered.
7. Ordering a product from us carries with it the obligation to pay for it . You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but also received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you on the day or the day before delivery and obtain most of the products especially to fulfil your order and may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be re-credited to you.
8. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
9. We deliver to a limited area of the UK; information on this is available on the site, and we can only deliver outside this area by special arrangement with additional delivery charges.
1. To purchase online you must ensure that we are provided with details of a valid credit or debit card bearing the Mastercard, Visa, Delta or Maestro symbol. You must update us with any change to these details immediately.
2. Your credit card and payment details will be held on our payment provider’s SagePay (PROTX) system; we do our best to ensure the security of these details but this cannot be guaranteed. Your card will be charged for the goods which you have ordered, on or shortly after the day we deliver them to you. We will use these details for this purpose and for sending you information about our products and services, as described in our Privacy Statement which you can read by clicking here.
5. Delivery times
1. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
2. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss this causes. We will not, of course, charge for goods unless or until we have delivered them to you.
6. Excluded services
1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
7. Intellectual property
1. All content and programming of the Website is the property of Pecks Farm Shop. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
2. No licence is granted to you in these Terms and Conditions to use any trademark of Pecks Farm Shop or Eggington Dairy.
8. Availability of the website
1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us via email or telephone.
9. Pecks Farm Shop’s right to cancellation
1. We may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
2. The suspension or cancellation of your registration shall not affect either party’s rights or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
3. Any other provisions of these Terms and Conditions applicable to the use of the Website together with and including paragraph 10 shall survive cancellation.
10. Pecks Farm Shop’s liabilities
1. The Website is provided by Pecks Farm Shop as is, without any warranties or guarantees save those set out in these Terms and Conditions.
2. Whilst we try to ensure that material included on the website is correct, reputable and of high quality, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can.
3. We disclaim all liabilities in connection with the following:
a. technical problems including errors or interruptions of the Website but we will use reasonable endeavours to correct or avoid them
b. incompatibility of the Website with any of your equipment, software or telecommunications links
c. unsuitability, unreliability or inaccuracy of the Website but we will take reasonable care to ensure information there is accurate
d. inadequacy of the Website to meet your requirements
4. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for:
a. any consequential or incidental or indirect damages;
b. loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
c. any other loss or damages,
whatsoever that arise out of or are related to the Website.
5. We shall collect, process, store, and transfer your personal data in compliance with the relevant EU and UK data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
6. Nothing in this section seeks to limit or exclude Pecks Farm Shop’s liability in respect of products sold through its website.
7. Nothing in these Terms and Conditions shall limit or exclude Pecks Farm Shop’s liability for personal injury or death caused by its negligence.
11. Third party websites
1. The Website may include links to other websites or material which are beyond our control and we accept no responsibility for their content.
1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
3. We shall not be liable for any delay in or failure to perform any of our obligations if the delay or failure is caused by circumstances beyond our reasonable control including, without limit, difficulties or failures of our suppliers.
4. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
1. We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Pecks Farm Shop website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from us or use the Pecks Farm Shop website. If you continue to use the Pecks Farm Shop website after the date on which the change comes into effect, your use indicates your agreement to be bound by the new Terms and Conditions.
14. Applicable law
1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
15. Sale of Alcohol
1. It is against the law to sell or supply alcohol to persons under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old. If our delivery drivers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfactory they will not be permitted to leave any alcohol.