Our terms
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
- Who we are. We are Essington Farm Limited a company registered in England and Wales. Our company registration number is 07239818 and our registered office is at Claremont Buildings, 6 Claremont Bank, Shrewsbury, Shropshire, SY1 1RJ. Our registered VAT number is 110 6364 56.
- How to contact us. You can contact us by telephoning our customer service team at 01902 735724 or by writing to us at info@essingtonfarm.co.uk or Bognop Rd, Essington, Wolverhampton WV11 2AZ.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this by a telephone call or an email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us by telephone or email. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
- Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor adjustments and improvements. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
- The weight of a product;
- The volume and / or quantity of a product;
- The ingredients of a product where those ingredients are noted as allergens or to a specific dietary requirement.
- If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case, you can refuse to accept such substitutes, in which case we will offer you a refund.
- Minor changes to the products. We may change the product:
- Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. During the order process we will let you know when we will provide the products to you.
- If the products are goods. If the products are goods we will deliver those goods on the date agreed with you during the order process. The estimated date time window for delivery of the goods is set out in the email accepting your order (see clause 3.1).
- If the products are one-off services. We will perform the service of delivery on the date agreed with you during the order process.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10am – 5pm on weekdays only (excluding public holidays).
- If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from our premises.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our premises then we will contact you for further instructions and will charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
- Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, we will give you a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have not yet been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. Please call customer services on 01902 735724 to arrange that.
- When you become responsible for the goods. You are responsible for the goods from the time we deliver the goods to the address you gave us or you collect them from us.
- When you own goods. You own a product which is goods once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, current photographic identification. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product replaced or a service re-performed or to get some or all of your money back), seeclause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), seeclause 8.7 .
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late – see clause 7.8).
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online from us you do not have a legal right to change your mind and receive a refund once the goods have been delivered. The only product bought online that you do have a legal right to change your mind within 14 days is alcohol that we sell to you providing that it is unopened. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- All goods which are liable to deteriorate or expire rapidly, not limited to bakery, butchery, dairy, fish, frozen, fruit and vegetable, deli and grocery items.
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought goods that can be returned (for example, alcohol)?, if so you have 14 days after the day you (or someone you nominate) receives the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered or collected. A contract for services is completed when we have delivered the goods to you. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by
Phone or email. Call customer services on 01902 735724 or email us at info@essingtonfarm.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, (you can only return the goods cited in paragraph 8.3) you must return them to us. You must return the goods to your delivery driver at the point of delivery, or in person to our premises at Bognop Road, Essington, Wolverhampton, WV11 2AZ. If you are exercising your right to change your mind you must return the goods to our premises within 14 days of telling us you wish to end the contract.
- How we will refund you. We will refund you the price you paid for the products including delivery costs (unless the goods have been out for delivery), by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- When your refund will be made. We will make any refunds without undue delay, and not later than:
- 14 days after the day we received back from you any goods supplied; or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by telephoning or emailing you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, photographic identification;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- you do not, within a reasonable time, allow us access to your premises to supply the service of delivery.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract for a product at any time by telephoning or emailing you if:
- If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01902 735724. Alternatively, please speak to one of our staff in-store.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them in person to our premises.
- Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with all debit and credit cards excluding American Express. When you buy goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
- How we may use your personal information
- How we may use your personal information. We will only use your personal information as set out in our privacy policy: http://www.essingtonfarm.co.uk/wp-content/uploads/2018/06/Essington_Farm_Privacy_Policy.pdf
- Other important terms
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Essington Farm Limited,
Bognop Road, Essington, Wolverhampton, WV11 2AZ
info@essingtonfarm.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate