Terms & Conditions of Sale

Terms And Conditions Of Sale
of
Bere Mill Farm www.beremillfarm.co.uk

1 Definitions

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;

1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;

1.5 “Seller” means Rupert Nabarro trading as Bere Mill Farm of Bere Mill, London Road, Whitchurch, RG28 7NH that owns and operates www.beremillfarm.co.uk;

1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 “Website” means Bere Mill Farm www.beremillfarm.co.uk.

2 Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of the Goods at collection or delivery shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.

3 Ordering

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Ordering FAQs.

4 Price and payment

4.1 The price of the Goods shall be that stipulated on the Website in GBP (£). The price is inclusive of VAT, where applicable.

4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges must be made in full at the time of ordering, before collection or delivery of the Goods.

5 Rights of Seller

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 Collection

6.1 The Buyer may order Goods to be collected on the next Butchery Open Day up until midnight of the day before the Butchery Open Day. Orders made past this time will be ready for collection at the following Butchery Open Day.

6.2 Where the Buyer has ordered Goods for collection (Click & Collect), the Goods will be ready for the Buyer to collect from Bere Mill Butchery, London Road, Whitchurch, RG28 7NH on the next Butchery Open Day, as set out in the Ordering FAQs, unless the Buyer has specified a future Butchery Open Day as an alternative collection date in the Order Notes section of the online checkout.

6.3 If the Buyer fails to collect their Goods on the nominated Butchery Open Day, the Goods will be held frozen, where possible, for the Buyer to collect on an alternative day, to be arranged with the Seller. Goods will be held frozen for a maximum of 30 days.

7 Meat Box Delivery

7.1 Meat Box Delivery is available to Buyers whose delivery address lies within 5 miles road distance from Bere Mill, RG28 7NH. Meat Boxes will be delivered according to the schedule of delivery dates, which are laid out on the Monthly Meat Box product page.

7.2 Meat Box delivery can be ordered up to 48 hours before 9am on the next delivery day. Orders received after this time will be delivered on the following delivery day.

7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller is under a legal obligation to supply Goods in conformity with the Contract.

7.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer, or when the Goods have been delivered to a safe place in accordance with the Buyer’s instructions.

7.6 Payment for Monthly Meat Boxes must be made in full before delivery takes place.

8 Cancellation

The Buyer, if a Consumer, has the right to cancel the Contract within 14 days of placing the order, or up until 48 hours before the day of delivery/collection, whichever is the sooner, without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9 Remedy for breach

All Goods supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.

10 Limitation of liability

10.1 The Seller shall not be responsible for:

10.1.1 losses that were not caused by any breach on the part of the Seller; or

10.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or

10.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.

10.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods supplied within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.

10.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.

11 Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 Force majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 Changes to terms and conditions

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15 Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


Schedule
Right to Cancel

1 You have the right to cancel this contract within 14 days of order, or up until 48 hours before 9am on the day of delivery/collection, whichever is sooner, without giving any reason.

2 Once you receive your Goods you may not cancel this contract, in accordance with the Consumer Contracts Regulations, which states that a consumer’s right to cancel does not apply in the case of perishable goods.

3 To exercise the right to cancel, you must inform us, Bere Mill Farm, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). You may use the attached model cancellation form, but it is not obligatory.

If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

5 If you cancel this contract, we will reimburse to you all payments received from you.

6 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 


Cancellation form

To:

Bere Mill Farm
Bere Mill, London Road, Whitchurch, RG28 7NH
shop@beremillfarm.co.uk

I/We [*] hereby give notice that I/we [*] wish to cancel my/our [*] contract of sale of the following goods,

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

 

Terms & Conditions of Sale updated 22nd March 2019