TERMS & CONDITIONS

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1. DEFINITIONS

1.1. 'Buyer' means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier.

1.2. 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

1.3. 'Contract' means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions.

1.4. 'Goods' means the articles that the Buyer agrees to buy from the Supplier.

1.5. 'Services' means the services that the Buyer agrees to buy from the Supplier.

1.6. 'Supplier' means Malpas Farm Shop, Beechcroft, Malpas, SY14 8JQ, which owns and operates www.malpasfarmshop.co.uk.

1.7. 'Terms and Conditions' means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.

1.8. 'Website' means www.malpasfarmshop.co.uk.

2. CONDITIONS

2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

2.6. Any complaints should be addressed to the Supplier's address stated in clause 1.6.

3. ORDERING

3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2. Where the Goods ordered by the Buyer are not available from stock, the Supplier will provide an alternative substitution product of equal or greater value at no additional cost.

3.3. Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy, the Supplier can withdraw, withhold or cancel the promotional code at any time.

3.4. Existing customers (Buyers who have placed one or more order with the Supplier) are subject to a minimum order value of £60 when making use of free delivery or other promotional codes. This does not affect the Buyer’s right to place an order below this value if delivery is charged or if no promotional code is being used. This may not apply to special offers available to new customers only.

4. PRICE AND PAYMENT

4.1. The price of the Goods and/or Services shall be that stipulated in our marketing communications, including on the Website. The price is inclusive of VAT but excludes delivery charges.

4.2. When ordering online, the total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone, the total purchase price, including VAT and delivery charges, will be confirmed by one of our advisors before the order is placed.

4.3. After an online order is received, the Supplier shall confirm by email the details, description, and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. Consumers ordering by telephone will be offered an email to confirm the details, description, and price of the Goods/Services purchased, along with cancellation information.

4.4. Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.

4.5. If any payment is not made on time or is rejected/refused, the amount owing will be treated as overdue. The Supplier will be entitled to immediately cease or suspend the provision of any Services or further deliveries of Goods until payment is received.

9. CANCELLATION AND RETURN

9.1. The Buyer may cancel any order for Goods for any reason up to 72 hours before the point of dispatch, and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days have passed from the day after the Contract was made, and any payments made by the Buyer shall be refunded in full within 28 days. However, if the Supplier starts to perform its side of the Contract with the Buyer’s agreement before the right to cancel is exercised, the right to cancel is lost.

9.2. Any concerns regarding the Goods must be raised by the Buyer upon receipt of the delivery. The Buyer is initially required to provide clear photographs of the products that they are complaining about, ensuring that the images highlight the specific issues. This will allow our butcher to make a visual assessment of the product.

9.3. Where a claim of defect or damage is made, and it is deemed necessary, the Goods may need to be returned by the Buyer to the Supplier within the best-before or use-by date on the product. If the Goods are found to be defective, the Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges.

9.4. Goods to be returned must clearly show the order number obtained from the Supplier on the package.

10. LIMITATION OF LIABILITY

10.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier, the remedies of the Buyer shall be limited to damages, which shall in no circumstances exceed the price of the Goods and/or Services. The Supplier shall under no circumstances be liable for any indirect, incidental, or consequential loss or damage.

10.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

11. WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

12. FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery, or shortage/unavailability of raw materials from a natural source of supply. The Supplier shall be entitled to a reasonable extension of its obligations.

13. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions had been agreed without the invalid, illegal, or unenforceable provision.

14. CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the English courts.

For any queries, contact us at 01948 820 520 or info@malpasfarmshop.co.uk.