These Terms and Conditions govern your relationship with The Black Farmer Ltd a company incorporated in the United Kingdom whose registered address is at West Kitcham Farmhouse, St. Giles on the Heath, Devon PL15 9SL and whose company registration number is 05213235 (“TBF”, “we” or “us”) and all orders that you may make from time to time for meat and meat boxes and deli produce advertised for sale by us (the “Products”) via The Black Farmer Farmshop website at www.theblackfarmer.com (the “Website”).
Please read these Terms and Conditions carefully as they affect your rights and liabilities in law. In the event you do not agree to these Terms and Conditions, please do not order from TBF.
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from The Black Farmer. These Terms and Conditions were last updated on 14th August 2020.
3.1. To order from TBF you must register with us. This is referred to as ‘set up an account’ or “Sign In” throughout our Website and literature. However, this is not a credit account. Payment will be required prior to the delivery of goods. This customer account can be set up by following the instructions on the Website.
3.2. To register with TBF you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
3.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
3.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.
3.6. Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these Terms and Conditions for your future reference.
4. Password and security
4.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the ‘My Account’ section of the Website.
4.2. If TBF has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your account.
4.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable auto login on your device if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
5.1. You must ensure you provide TBF with details of a valid credit or debit card. You may make changes to your payment details by updating them via ‘My Account’ on the website or by contacting our customer service team. Do not send payment card details via email.
5.2. Your payment information is stored within our systems and we do our utmost to ensure the security of these details. Your card details are encrypted, stored and processed by a fully PCI compliant third-party provider and are inaccessible to any TBF staff or any other third party. We use your payment details to enable automatic payment for subscription orders. We also use Dynamic 3D Secure authentication technology to protect against fraud.
5.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal costs and expenses) that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
5.4. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.
6. Product purchases
You must be aged 18 or over to purchase alcohol. It is an offense to sell alcohol to anyone under the age of 18 in the UK. When accessing the DRINKS page you will be required to confirm that you are aged 18 or over.
If your order is a gift and contains alcohol, the recipient must also be aged 18 years or older. An adult over the age of 18 will be required to sign for delivery.
Our order/delivery process:
Day 1 for Day 3 – You may order up to 6am for a day 3 delivery. For example, if you place an order before 6am on Monday the earliest delivery day to select will be Wednesday, if you order after 6am, Thursday will be the earliest delivery option.
Order Export – We export orders into our system at 1205 every day to be processed by TBF, if you change an order after this time it will not be received. For example, if you have an order for delivery on Wednesday and you would like to move the delivery date, you will need to do so before Day 1 (Monday) 12 noon.
DPD and APC – our delivery service is updated on the day of collection, which is the day before delivery. We also follow the same export routine as above.
EXCEPTION – FISH FRIDAY
An exception to this is orders for Fish. Fish is available to order up to midnight on Tuesday for delivery to customers on Friday.
6.1. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
6.2 Each Product for which you click ‘Add to basket’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to ‘check out & deliver’. You can change these or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered in the Orders section under Account.
6.3. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 6.2, you cannot then withdraw or cancel your order except as stated below.
6.4. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click ‘place order’ in the shopping basket ‘checkout’ page.
6.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.
6.6. Subject to clauses 6.7 and 6.8. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘place order’ button.
6.7 All Products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a ‘subscription’ customer (e.g. where you choose to have repeat orders of Products) the prices for certain Products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the Products stated on our Website. We recommend that you check the Website regularly.
6.8. Some of our Products are priced by weight. We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. If the weight of the Product exceeds the guide weight by more than 20%, the price you are charged will not exceed 20% in addition to the average. Correct
6.9. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation. You remain responsible for ensuring that any such cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products specially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you.
6.10. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
6.11. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
6.12. Voucher codes are not redeemable on sale items nor are they to be used in conjunction with other voucher codes.
7. Delivery, delivery charges and inspection of Products by you
7.1 Delivery is free of charge on orders over £75.
TBF reserves the right to amend the charges made for delivery from time to time.
7.2 We will debit the total cost of your order, including any delivery charge or packaging cost that may be applied, from your debit or credit card at the time you place your order.
7.3 You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will only offer compensation at our discretion. We reserve the right to refuse to accept orders when you place your order.
7.4 If nobody is available at the primary delivery address (nominated by you at the time you place your order) to take delivery of the order, we will leave it in secure place (nominated by you at the time you place your order). DPD do advise delivery time slots.
7.5 You are responsible for providing us with accurate delivery address details (including house numbers, street names and postcodes) and for making the appropriate arrangements to receive your order on the actual delivery day. In the event that your delivery is stolen from your doorstep or damaged whilst there, TBF expressly disclaims all liability that may arise in consequence of the delivery being left unattended, including, without limitation, theft, tampering or contamination, however caused.
7.6 Our deliveries are made with “no signature required” by DPD who provide delivery time slots and tracking service. In the event that nobody is available to take delivery of your order or you ask us to leave your goods unattended at a secure place, TBF expressly disclaims all liability that may arise in consequence of the delivery being left unattended, including, without limitation, theft, tampering or contamination, however caused.
7.7 If your delivery is refused or not accepted at a recipient’s address, we will not take responsibility for this and will not offer a free replacement box.
7.8 If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.
7.9 You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. In the event the Products do not meet your expectations, or you are in any way dissatisfied, TBF may in its absolute discretion offer you a credit note or refund.
7.10 We can deliver to UK mainland, with the exception or the following postcodes where we are unable to deliver to: AB31-38, 41-56; EI; FK17-21; GY9; HS1-9; AM; IV; KA27-28; KW0-17; PA20-78; PH15-99; TR21-25; ZE.
8. Availability of the Website
8.1. Although TBF aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see the Website for details) and we will correct the fault as soon as we reasonably can.
8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at [email protected]
9. Cancellation rights
9.1. TBF may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
9.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using TBF’s services.
9.3. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
10. Warranties and liabilities
10.1. Whilst TBF tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights TBF may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.5. We will examine the Products and, if the Products are faulty or defective, we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your misuse and/or neglect of the Products or by accidents caused while the Products are in your possession.
10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
any losses which are not caused by any breach by us; or
business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
10.5 Subject to the provisions of paragraph 6.5 and 11, our entire liability in connection with the contract is for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
10.6. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
11. Your statutory rights
11.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
11.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
12. Applicable law
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
12.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
13.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
We may update these Terms and Conditions from time to time by posting the updated Terms and Conditions on our Website in place of these. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from TBF or use the TBF Website. If you continue to use the TBF Website after the date on which the change comes into effect, your use of the TBF Farmshop Website indicates your agreement to be bound by the new Terms and Conditions.