We’re used to being shop-keepers but we’re new to on-line retail, and about as far from corporate as you can get, so we hope you’ll understand the need for some formal terms and conditions. We’ll try to keep it as simple as we can.
These terms and conditions relate to the purchase and collection of items from Ben’s Farm Shop Ltd. Please read these terms before placing an order.
By accessing and browsing this website you agree to be bound by these terms even if you do not place an order, and this applies across any device from which you access the site. If you do not want to be bound by these terms then please do not use or access the site.
If you’re buying alcohol, or products that contain alcohol, these can only be sold to customers who are 18 or over and we may ask for proof of age when you collect. Alcohol products can only be collected in accordance with licensing laws and we reserve the right to refuse to supply alcohol if there is any doubt
- Who we are
Ben’s Farm Shop Ltd is a company registered in England and Wales. Our company registration number is 5710308 and our registered office is at Ben’s Farm Shop Ltd, Hole Farm, Buckfastleigh, Devon, TQ11 0LA. Our registered VAT number is 402 1078 11. Throughout these terms we will refer to the company as BFS.
You can contact us by telephoning our office or by writing to us at our registered office address above, or email us at email@example.com.
If we have to contact you we will do so by telephone or by writing to you at the email address that you provided to us in your order.
- Your information & privacy
BFS is considered a data controller for the purposes of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
When you use this website or place an order your personal data may be collected and processed by BFS. By using this website, you agree to:
- only use this website for lawful purposes and not in a way that may lead to the encouragement, procurement or carrying out of any criminal activity
- not use this website in a way that infringes the rights of anyone else’s enjoyment of the website
- not penetrate or attempt to penetrate the website’s security measures, or attack the website servers via a denial-of-service attack or a distributed denial-of-service attacks
- not use this website other than for Your own personal use.
BFS has an unlimited right to take any appropriate action against you in order to defend our rights or those of any other person which may include the suspension, restriction and/or termination of your access to the website.
- General Terms of Sale and Purchase
BFS has taken reasonable precautions to try to ensure that prices quoted on the website are correct and that all products have been described reasonably accurately. However, when ordering products via the website, you note and accept that:
- weights, dimensions and sizes shown on the website are approximate and may be subject to change
- packaging may vary from that shown
- products shown are not the actual size
- numbers of servings in product descriptions are for guidance only
- any garnish, decoration, serving dish, utensils are not included unless stated in the product description
- products are subject to availability, meaning we may not always be able to supply your order. We will inform you if any product you have ordered is unavailable and, we may offer an alternative or equivalent product of equal or similar value (for example, a different brand of baked beans)
- orders will only be accepted if there are no material errors in the description of the products or prices on this website, and subject to the successful authorisation and processing of your payment;
Products containing alcohol can only be sold and collected by people aged 18 and over. If we reasonably believe that you are not legally entitled to order a product, we reserve the right to cancel your order either before proceeding to fulfil the order, or at point of collection.
Certain products may contain eggs, nuts and/or gluten. Please check product packaging for guidance on ingredients and use by dates. We do not accept any liability, as far as allowed by law, for any reactions that result from the consumption of products that contain ingredients you are allergic or intolerant to, when such ingredients are stated on the packaging.
Please note that items ordered through this website will not be delivered. All products must be collected from your chosen shop.
- Purchase of Meat and Poultry
When purchasing meat and/or poultry, prices on the website are a fixed price for a given weight/size band. For example a turkey weighing between 4kg and 4.5kg will be charged at a single fixed price regardless of variations within this range. There will not be any adjustment in price based on the specific weight of such variable items. We have priced such items to represent fair value for the items within a given range.
- Placing Your Order and Payment
Orders submitted by you are an offer to purchase and are subject to acceptance by us.
We may choose, at our discretion, not to accept an order for any reason without liability to you. Examples of when this could happen may include, but are not limited to:
- if a product on the website is not available, incorrectly priced or otherwise incorrectly described
- If we are unable to obtain authorisation of your payment.
Before you submit an order, you will have the opportunity to review and confirm all the products you are ordering. This will allow you to check and correct any input error prior to submission.
You will be asked to choose a date and time and shop from which you would like to collect your order. Please choose this carefully as we will not be able to change this once the order is placed, and your items will be sent to the specified shop for collection at that date and time slot.
Storage space at each shop is limited so please make sure that you collect your items on the date and within the time slot chosen. We will be managing collections carefully at each location and will not have the flexibility to offer collection outside of your chosen time slot.
You will be required to pay in full for your order at the time of placing the order on the website. Our acceptance of you order takes place upon payment of the full amount of the order.
All compulsory fields on the payment details screen will be marked and must be completed. You will not be able to complete your order until these details have been entered.
All card payments are subjected to authorisation by your card issuer.
When your payment details have been authorised you will receive confirmation on screen, notifying you that your payment has been approved.
You will receive a confirmation email to the email address that you have supplied, which will contain details of your order. Please keep this email safe for your own reference.
Please note that in order for us to process your order in good time, you must submit your order before the deadline.
The last date that orders can be placed is 5pm on Tuesday 15th December 2020.
BFS loyalty points will not automatically be accrued for orders placed on the website. Loyalty points can be added manually by our teams in store on presentation of a valid receipt at a later date.
When ordering you will be asked to choose your collection shop and your chosen collection time. Your order will only be available from the collection shop and at the collection time selected when placing the order.
Orders placed for collection before Christmas can be picked up only on the following dates: Sunday 20th, Monday 21st, Tuesday 22nd, Wednesday 23rd and the morning of Thursday 24th December 2020.
In rare circumstances you may select a collection time which is accepted by us but upon review by the shop team, who review this to ensure a smooth collection process, they may decide that the collection time will need to be varied.
If this is the case we will contact you, using the details you provided to discuss an alternative collection time and or date. In the extremely unlikely event that could not agree a suitable alternative collection time, we may have no choice but to cancel and refund your order.
By accepting these terms you agree that BFS can vary our collection time and date at their discretion, further to confirmation with you. We expect this to be a very rare case indeed.
If, having placed your order, you need to change your collection time, please contact us and we will do our best to help, subject to availability at the alternative location. Call us on 01803 762850 between 9am and 5pm Monday to Friday. Please note that changes may not be possible and are at our absolute discretion.
If you miss your collection time, your order will be cancelled, unless non-collection is due to unforeseeable circumstances, such as extreme weather conditions. Please be aware that we may at our discretion charge a cancellation fee.
- Amending Your Order
Once an order is placed it cannot be amended or items added or removed. You can of course cancel an order in it’s entirety and receive a refund, up until the order deadline.
- Cancellation and return of your order
You have the rights and protections of the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means you may cancel your order as set out in these Terms, regardless of whether the product is damaged or incorrectly supplied, if you place an order via this website.
Under the Regulations, you can cancel a goods order anytime within 14 working days after the day on which you received the goods. During the above cancellation period, you have a duty to take reasonable care of the products.
Please note that these cancellation rights DO NOT APPLY TO PERISHABLE GOODS such as fresh food, which includes but is not limited to turkeys and chilled or refrigerated and frozen products. As such we are not able to accept cancellation for any perishable items that you order via the website after 5pm on 15th December 2020.
Any requests to cancel an order AFTER 15th December must either be over the phone to our office on 01803 762850 or via email to firstname.lastname@example.org . The shop teams will not be taking cancellation requests. In some cases a cancellation fee may be charged, though we would hope to avoid this.
The website offers a mix of perishable products (fresh or chilled food) and non-perishable (unopened wine or shopping bags, for example) and we anticipate that most orders will comprise a mixture of both. The 14-day cooling-off period is ONLY applicable to non-perishable items.
Once you collect your order please check that you have received everything you ordered. If any item is damaged or incorrect then please make a note of the damage or error and let us know within a reasonable period of time, we suggest 14 days unless in exceptional circumstances. You must return the products to the shop that you collected from us soon as possible. Please note that we will not accept the return of any damaged or incorrectly supplied products where you fail to notify us of this within a reasonable period of time. If the item is perishable we suggest taking photos at the time and, if appropriate, freezing the item until you can return it. In the case of damaged or incorrect products, we may offer a replacement. Where a replacement product is not available, you will be entitled to refund in respect of the damaged or missing product only.
This paragraph is not intended to be a full statement of all your rights under the regulations. For further information about your statutory rights, contact Trading Standards or consumer advice centre.
- Refund Policy
BFS will give a refund where you cancel or return a product in line with the terms of section 8 and where section 8 provides you are eligible for a refund and/or an alternative substitute product is not available.
Refunds will be processed in accordance with your legal rights and we will refund you within no less than 14 days from the date on which we receive the cancellation of your order and upon the return of your items, if they have been collected.
Refunds for cancelled orders via the website will be made to the same card from which payment was made.
Any refunds made by us for returned items will be made in-store when the items are returned. This should be to the same card used when you placed the order. Such refunds will be subject to our right to withhold amounts for products which are found damaged upon return.
We may use the personal information you provide via the website to send you our e-newsletter or other marketing from time to time relating to future events, promotional activities and information that we feel would interest you.
Your information will never be disclosed to external third parties for marketing purposes.
Where you provide consent, we may communicate with you by either email, SMS or telephone.
If you do not wish to receive these communications please indicate so on the website by checking the relevant tick box about marketing communications.
If you opted to receive our newsletter or other marketing but would like to stop or change your marketing preferences you can inform us in several ways: by clicking on the relevant link in our marketing emails to you, by post to our registered address or by phone.
Nothing in these Terms shall exclude or limit BFS liability for personal injury or death caused by negligence or for fraud or fraudulent misrepresentation. In addition, these Terms shall not limit or exclude any other liability that is not permitted to be limited or excluded by the applicable law.
You have certain rights as a consumer, including legal rights relating to faulty or incorrectly described goods. For further information about your consumer rights contact Trading Standards or Citizens Advice Bureau at www.adviceguide.org.uk. Nothing in these terms will affect these legal rights and BFS strive to fulfil their obligations under these Terms with reasonable care and skill.
Any products we supply will be of satisfactory quality and if it is not of a reasonably satisfactory quality you can contact us for replacement or, where this is not possible for a refund subject to section 9.
BFS are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms. We will not be liable if we are prevented or delayed from complying with our obligations by anything you (or anyone acting on your behalf) do or fails to do or due to events which are beyond our reasonable control.
You must follow any advice BFS gives you to keep products supplied safe (including instructions or guidance on the packaging). We cannot accept liability for damage caused by failure to follow this advice.
In any event, BFS will not be liable, whether in contract, tort or otherwise, arising out of or in connection with these terms for any:
- losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption or opportunities;
- loss of goodwill or reputation, or
- special or indirect losses suffered by you arising out of or in connection with these terms.
The aggregate liability to BFS under these terms, whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall not exceed the price paid for the product ordered.
- Exclusions of liability
BFS exclude all representations, warranties, conditions and terms to the fullest extent permitted by law. We accept no liability for any losses or damages, which are not reasonably foreseeable arising out of or in connection with these Terms of your use of the website.
Except to the extent required by the applicable law, BFS shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on the website.
BFS will be responsible for any charge issued by your card issuer or bank, as a result of processing your credit/debit card payment in accordance with your order.
- Other important terms
BFS may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. In reality this is highly unlikely.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and BFS. No other person shall have any rights to enforce any of its terms, except as set out in these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms, all transactions and any matters arising out of your use of the website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.