Terms & Conditions
1. Intellectual Property
Unless otherwise stated, the copyright and other intellectual property rights in our Website (including without limitation all content, materials and technology used or appearing on our Website) belong to us or our licensors. All rights are reserved.
You may print off or download content on our Website as permitted under the fair dealing provisions of the Copyright Designs and Patents Act 1988 (as amended) (sections 28 to 30) for the purposes of viewing it on your computer, research for non-commercial purposes, private study, criticism, review and news reporting, provided that you do not alter it in any way and acknowledge us as the source of the content and the copyright owner. All other use or copying of any of the contents of our Website, other than as expressly permitted by us or permitted by law, is prohibited.
Nothing in our Website should be taken as conferring any licence or right to use any trademark displayed on our Website without the prior written approval of the trademark owner. FARMWAY® and the Farmway logo are the registered trademarks of Farmway Trading Limited.
2. Purchasing Online
3. Use of Message Boards and Interactive Areas
From time to time we may make message boards and other interactive services available to users of this Website, which enable users to submit material for inclusion on this Website (“Interactive Areas”). You agree to comply with all applicable laws and regulations when using this Website and any Interactive Areas. You are responsible for all material and content sent from your computer. You are prohibited from posting or transmitting to or from our Websites any material:
• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• for which you have not obtained all necessary licences and/or approvals; or•
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not use our Website or any Interactive Areas for any unlawful purpose (for example to advertise for sale any stolen or infringing goods). You may not misuse our Website (including, without limitation, by hacking).
4. Responsibility for Third Party Material
Whilst we ask all users of this Website and its Interactive Areas to act responsibly, we do not monitor, check or verify the accuracy, integrity or quality of any material which other users may post on the Interactive Areas of this Website (“Third Party Material”).
You shall be solely responsible for checking and verifying and Third Party Material. If you choose to place reliance on any Third Party Material posted on this Website or to contact or inter into any discussions or contracts with any such third parties you do so entirely at your own risk.
Accordingly to the maximum extent permitted by law we disclaim all responsibility for any such Third Party Material posted on our Website and can accept no responsibility for it.
If you believe any third party has used this Website or any of the Interactive Areas for any improper purposes please inform us immediately.
5. Availability and Content
Whilst we take reasonable steps to ensure that our Website is available and accessible to permitted users, we do not warrant that our Website will be continuously available, or that your use of our Website will be uninterrupted or error free or that the Website or servers will be free from attack. Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Whilst we endeavour to ensure that the content and information we place on our Website is correct, we do not warrant the accuracy and completeness of such material. We may make changes to the material on our Website and to the services, products and prices described in it, at any time without notice. The material on our Website may be out of date and we make no commitment to update such material.
Links to our Website are permitted provided that links are only made to the home page of our Website. We reserve the right, in our absolute discretion, to withdraw such permission at any time.
Our Website includes links that allow you to leave our Website and visit third party sites. We have no control over and are not responsible for the content, use by you or availability of third party sites, for any products or services you buy through third party sites or for the treatment of any personal information you provide to any third party.
7. Privacy and Cookies
8. Information about us
This Website is operated by Farmway Trading Limited. Farmway Trading Limited is registered in England No: 8279592 with its registered office at Exmoor House, Lime Way, Pathfields Business Park, South Molton, EX36 3LH. Our VAT registration number is 155 3526 13. Please see our Contact Us page for our contact details.
These terms and the use of our Website and its content shall be governed by and construed in all respects in accordance with English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SUPPLY
These terms and conditions (together with the documents referred to in them) set out the terms upon which we supply any of the products (the “Products”) listed on our website http://www.farmway.co.uk/ (the “Website”) to you. Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please click on the button marked I have read and accepted the Terms & Conditions at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
1. Information About Us
This Website is operated by Farmway Trading Limited (“we”). We are registered in England No: 8279592 with our registered office at Exmoor House, Lime Way, Pathfields Business Park, South Molton, EX36 3LH. Our VAT registration number is 155 3526 13. Please see our Contact Us page for our contact details.
2. How the Contract is Formed Between Us
To place an order you should click on the Product you wish to purchase and then follow the on-sceen prompts. You will have the opportunity to check your order and correct any input errors up until the point that you submit your order by clicking on the “Continue” button on the checkout page.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. You may also receive confirmation from our payment provider that your payment has been processed. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract between us will consist of (a) your order, (b) these Terms and Conditions and (c) our Dispatch Confirmation. We will not file the concluded contract between us online and you should therefore print out and retain copies of each element of the Contract for future reference. We can only conclude the Contract between us in English and not in any other language.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
If we (in our absolute discretion) decline to accept your order, we will notify you as soon as possible and refund to you the price you paid for the Products in question.
3. Price and Payment
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
Prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information page.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will usually check prices as part of our dispatch procedures. Where a Product is incorrectly priced, we will at our discretion, either contact you to confirm that you are happy to proceed with the order at the correct price, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at an incorrect price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa Credit Cards, Maestro (Domestic) Debit Cards, Solo Debit Cards, Visa Debit Cards, JCB Credit Cards, Visa Electron Credit Cards, Maestro International, Commercial Cards.
4. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time following the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5. Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when the Products are dispatched or (if later) when we have received full payment of all sums due in respect of the Products including delivery charges.
6. Consumer Cancellation Rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any of the following Products unless they are damaged or defective when delivered to you:
• perishable goods or goods which by due to their nature will deteriorate rapidly or cannot be returned such as animal feeds and safety equipment.
• audio or video recordings or computer software which have been removed from the sealed packaging in which they were delivered to you;
• goods made to your specification or personalised to your order; and
• newspapers, periodicals and magazines.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7. Warranties and Liability
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Where Products are defective you will (subject to availability) be entitled to a replacement Product or a full refund of the price paid for the defective Product in accordance with our Refunds Policy (set out in clause 8 below).
Our liability to you for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if those losses were foreseeable when you placed your order.
Nothing in these terms and conditions shall limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8. Our Refunds Policy
When you return a Product to us and claim a refund because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
When you return a Product to us and claim a refund because you claim that the Product is defective (see clause 7), we will examine the returned Product and will notify you if you are entitled to a refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for a defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Import Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Farmway Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Other applicable terms
17. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18. Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
19. Law and Jurisdiction
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.