Terms and Conditions

Use of our website and the sale and purchase of goods from the website are governed by our terms and conditions of use as set out here and the terms and conditions of sale as set out below. “We” or “Our” means Swillington Organic Farm Ltd. “You” or “your” means the person accessing, using or ordering from our website over the Internet. By confirming your order on the website you accept these terms and conditions.

The Contract of Sale made when you place your order will be under English law and you agree to submit to the jurisdiction of the English courts.

Payment is only accepted in GBP. Prices are subject to change without notice and all goods are sold subject to availability.

Whilst we take the utmost care to ensure the product descriptions, pictures, information and prices are accurate we do not accept liability for any inaccuracies, errors or omissions. Orders are accepted at our sole discretion and we maintain the right to decline orders without giving an explanation.

Our Guarantee / Refund Policy

We’re proud of everything we produce and we hope you enjoy it. However if for any reason you’re not fully satisfied with the quality of our produce let us know immediately and we’ll refund or replace it. Should you have a complaint with our service or products please contact info@swillingtonorganicfarm.co.uk in the first instance.

Box Contents

All weights and pack sizes quoted are a guide only and subject to change. All photos are for illustration only.

Full Terms and Conditions of Sale

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, swillingtonorganicfarm.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Dispatch Confirmation” means our acceptance and confirmation of your Order;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“We/Us/Our” means Swillington Organic Farm Ltd, a company registered in England under 04157765, whose registered address is Garden Cottage, Coach Road, Leeds, LS26 8QA and whose main trading address is Swillington Organic Farm, Coach Road, Leeds, LS26 8QA

2. Information About Us
2.1 Our Site, swillingtonorganicfarm.co.uk, is owned and operated by Swillington Organic Farm Ltd, a limited company registered in England under 04157765, whose registered address is Garden Cottage, Coach Road, Leeds, LS26 8QA and whose main trading address is Swillington Organic Farm, Coach Road, Leeds, LS26 8QA

3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
5. Business Customers
These Terms and Conditions do not apply to customers purchasing Goods in the course of business.

6. International Customers
We do not export or accept orders from international customers.

7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be variations between the image of a product and the actual product sold due to the variable and perishable nature of fresh produce;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
7.1.3 Due to the nature of the Goods sold through Our Site, there may be a variance in the size or weight of those Goods between the actual Goods and the description.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 Where appropriate, you may be required to select the required weight of the Goods that you are purchasing.
7.4 We neither represent nor warrant that Goods will be available. Stock indications are provided on Our Site, however such indications are representative of seasonal availability and are subject to change.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
7.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
7.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 days We will treat your Order as cancelled and notify you of the same in writing.
7.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.8 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to our delivery information page. Delivery options and related charges will be presented to you as part of the order process.

8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
8.3 Dispatch Confirmations shall contain the following information:
8.3.1 Estimated delivery date(s)
8.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 days.

9. Payment
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay either a full amount or a deposit during the order process. Your chosen payment method will be charged at time of ordering with any balance owing charged when We dispatch your Goods.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Credit or Debit Card via Worldpay Futurepay Agreement
9.2.2 Offline payment by bank transfer, telephone or on collection
9.3 If you choose to pay by FuturePay, your card details are stored by Worldpay. The first payment is made at time of ordering and any balance the day before your delivery. For subsequent subscription orders payment is charged the week before delivery.
9.4 Once your card information is stored with Worldpay, We have no access to this information. If your card expires we will send you details to update this directly with Worldpay
9.5 As part of the payment processing Worldpay will receive and store your contact and billing information and create a futurepay account,
9.6 Worldpay have their own privacy policies in respect to the information we are required to provide to them for your purchases. We recommend that you read their privacy policies so you can understand how your personal information will be handled by these providers. http://www.worldpay.com/uk/privacy-policy
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will be delivered as per the cut off dates publicised on our delivery page. (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 In order to maximise efficiency and reduce food miles your order will be delivered on a set day of the week or month. We will aim to keep this day fixed, however, we reserve the right to change it (either temporarily or permanently) and we will notify you of any such changes.
10.3 The time that your order is delivered on that day will vary week on week depending on traffic, weather and the number of deliveries to be made that day. If ordering regularly, you may notice that your delivery occurs at a similar time each week, however, we make no guarantee of this time and accept no liability for inconvenience or loss as a result of a deviation from it.
10.4 We cannot accept liability for any inconvenience or loss where we are unable to deliver to you, or deliver to you late for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, strike actions, supplier failures). We will of course refund you for any part of your order which is not delivered or which has been compromised as a result of the delay.
10.5 You must inspect your goods as swiftly as possible after delivery and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty, have been substituted with a product that is unacceptable to you or that were delivered without us following these terms and conditions. However, such liability will be limited to the value of the erroneous and / or undelivered goods.
10.6 Delivery shall be deemed complete once We have delivered the Goods to the address provided in your Order.
10.7 It is your responsibility to make suitable arrangements to receive your delivery. The delivery details section of your Order is important as it allows you to leave instructions of a suitable location where your delivery can be left if you are not at home to take receipt of the goods, which forms part of our contract under these terms and conditions.
10.8 Once your delivery instructions have been followed and completed by us, you will accept that you are in possession of the delivered goods. Where the delivery instructions have been followed; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods.
10.9 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund,or replacement.
11.2 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Guarantee[s]
12.1 As the producer of the Goods, We guarantee that at the point of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 12.2.
12.2 Our guarantee does not apply to any defects in the Goods caused by:
12.2.1 Failure to store the Goods in accordance with their instructions
12.3 Our guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 11. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

13. Our Liability to Consumers
13.1 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
13.2 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by using the details on our website.
15.2 For matters relating the Goods or your Order, please contact Us by email at shop@swillingtonorganicfarm.co.uk or by post at our registered address.
15.3 For matters relating to cancellations, please contact Us by telephone at 01132869129 by email at shop@swillingtonorganicfarm.co.uk.

16. Complaints and Feedback
16.1 If you wish to complain about any aspect of your dealings with Us, please contact Us by using the details on our website.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you;
17.2.2 Process your Order (including payment) for the Goods; and
17.2.3 Inform you of new products and/or services available from Us. You may request that We stop sending you this information at any time.
17.3 We will not pass on your personal information to any third parties except for the purpose of order and payment processing as detailed under Clause 9.

18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions
18.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 28 days of your cancellation.

19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
19.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.