online ordering terms & conditions
As the end user (referred to as "you/your/their") of this ordering system (referred to as "site") you acknowledge that any use of this site including any transactions you make ("use/using") is subject to the terms and conditions below. Please read through these terms and conditions carefully before using this site.
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1. Variations in Terms and Conditions
Knitsley Grange Farm Shop (KGFS) reserve the right to change amend these terms and conditions at any time. It is your responsibility to read the terms and conditions on each occasion you use this site and your continued use of the site shall signify your acceptance to be bound by the latest terms and conditions. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this site.
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2. Site Account Registration
Certain site services will require account registration and subsequent access to those services will be subject to an approved login name and password. Information that you provide on this site must be accurate and complete. All password details are accepted by you and may be withdrawn at our sole discretion and these details are exclusive to you, are non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately.
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3. Ordering Accounts
Loyalty Customers will have their Ordering Account Username set to the unique email address that they first registered on the Loyalty scheme and their initial Password will relate to the Loyalty card number allocated. A Newsletter only account may be upgraded to an ordering account by entering your existing unique email address into the new account Registration process, supplying the additional information required and setting a Password. The system then adds your additional information to the Newsletter account and converts it to an Ordering account.
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4. Data Protection
All Information provided while registering for KGFS's Online Ordering Accounts, Loyalty programme and Newsletters is stored safely and securely and will never be shared with any third party without your explicit consent. However, it can and will be used for the purposes of informing you of KGFS News and Events through the emailing of Newsletters, Special Promotions and Events information from time to time.You have the option to unsubscribe from receiving Newsletters at any time by simply clicking the unsubscribe link contained within the Newsletter email.
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5. Placing an Online Order
Ordering can only take place once you have logged into the Secure Shopping area using your designated Username and Password. The shopping cart "confirmation" stage sets out the final details of your order. Following receipt of your order, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. Acceptance of your order and the completion of the contract between you and us will take place on collection (or delivery) of the products ordered unless we have notified you that we do not accept your order, you have cancelled it or have already prepaid for the order online.
6. Product Variations
All sizes, weights and measurements are approximate but we do try to make sure that they are as accurate as possible. Sometimes product specifications may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
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7. Pricing Variations
The price you pay is the price displayed on this site at the time we receive your order. While we try and ensure that all prices on our site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
8. Payment Processing
If you choose to pay by card or Paypal, we take payment from your card upon acceptance of your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible and a full refund will be given where you have already paid for the goods. Title to any products you order on this site shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
9. Order Processing and Payment Security
All order processing transactions take place using SSL security encryption through worldsecuresystems.com and all payments are made through secure payment gateways such as Paypal or Worldpay. Whilst we will take all reasonable precautions to keep the details of your order and payment secure, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you through and during the use of these secure systems.
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10. Storing of Debit / Credit & Paypal Details
We do not store Debit/Credit card on our site so these must be entered for each purchase. However, your registered Ordering Account does maintain details of your contact details including your home address. Logging into the secure shopping zone before placing an order allows the system to pre-populate your Home address and to allow you to copy it down to the Billing address which must be the registered account address for your Debit card. If the card's registered address is different then please complete the Billing address long hand to ensure payment is not rejected. Alternatively select the option to pay securely by Paypal and furnish your Paypal account details and then follow the standard Paypal payment process.
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11. Third Party Card Verification
To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
12. Collection (& Delivery) Timescales
Generally any Click & Collect order placed before 12 noon on a normal Farm shop opening day during the week will be ready for collection from the shop from 1pm onwards the following day up until 5pm when it closes.The exception to this will be orders placed on a weekend (Saturday/Sunday) which will normally be ready for collection from 1pm on the Tuesday of the following week. Whilst orders placed on Monday (shop closed) or Bank or National Holiday will be ready for collection 2 shop working days later. Additional estimated timescales may be specified at our discretion for home delivery or at the time you place a collection order.
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13. Delivery Delays & Non Collection
We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales. Risk of loss and damage of products passes to you on the date when the products should be collected or in the case of home delivery on the date of first attempted delivery by us. Products that are not collected (or delivered) within 3 days will be deemed to have exceeded their normal storage/shelf life and will be disposed of without recompense.
14. Returns Policy
Whilst we hope you'll be happy with the items you order from our click and collect page of our website, we know you may sometimes need to return them. That's no problem, we're happy to offer a full refund on all fresh products if we have been contacted within 3 days of purchase. All perishable items need to be returned to the Farm Shop, where collected from. Once you have returned your item to the Farm Shop we will arrange a refund on your card for your purchase.
15. Force Majeure
We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
16. Site Use of Information Cookies to Store password details
This site uses information "Cookies" to remember selected information details entered from previous visits to the site so that you do not have to renter the same information repeatedly every time you visit the site. You are advised that ticking the check box to store your Username and Password as an information cookie on a computer device can be a security risk. If in doubt do NOT check the box to save your Username and Password bearing in mind that it is only safe to do so on your own personal computer device and that you should never do this on a shared or publically accessible computer device located in say a Library, Internet Café or Classroom. It is your responsibility to use the Password saving capability wisely and safely but in the event that you may have done so accidentally on a public or shared computer device then you must arrange to change your Password without delay.
17. Site Use of browser Tracking Technologies
This site makes use of Google Analytics Tracking, which helps us to understand how you use the site and how we can improve your experience. These browser tracking cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to optimise our site. As we sell products, it is important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
18. Site Use Of JavaScript
This site makes extensive use of JavaScript both to enhance the user browsing experience and to power the submission of a variety of form based data such as in the entry of Card payment and User Registration data. Therefore it is necessary that you do not disable JavaScript on your web browser otherwise the site will not operate correctly when you attempt access it through your web browser.
19. Site Accuracy Warranties
We will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the site and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
20. Site Copyright and Trademarks
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Further you acknowledge and agree that the material and content contained within this site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this site. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
21. Links to Third Party Sites
To provide increased value to our customers, we may provide links to other sites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked site we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such sites, (ii) the content of such sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such sites or resources or (iii) the use to which others make of these sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external sites or resources.
22. General Indemnities and Warranties
Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
23. Personal Liability
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
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24. Aggregate liability
Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
25. Assignment, Transfer or Novation of Rights
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by KGFS. KGFS reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
26. Enforceability
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party except those outlined in our terms and conditions. We shall have the right to enforce any rights or benefits under these terms and conditions. We shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions. A person who is a permitted successor or assignee of the rights or benefits of these terms and conditions may enforce such rights or benefits. No consent from the persons referred to is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
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27. Exorcising Powers and Rights
No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative.
28. Superseding of Prior Representations and Understandings
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this site.