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Park Farm >> Terms and Conditions

PARK FARM PRODUCTS


WEB-SITE TERMS AND CONDITIONS


Important Notice
These terms and conditions will apply when you access our web-site and use our
on-line ordering service. Before proceeding to place an order, we ask that you read
these terms and conditions carefully. You will also find that they contain some useful
advice on how to use our on-line ordering service.

If you find yourself unable to agree to these terms and conditions, then you must not
use our ordering system.

Part A
1 General Information


For your convenience, we have listed below some general information about
ourselves:
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“We” “PFP” “us” are Park Farm Products and our address is Wykham Park
Farm, Wykham Lane, Banbury, Oxfordshire. OX16 9UP
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Our e-mail address is service[at]parkfarmproducts.co.uk.

2 Formation of Contract
(1) Set out below is a useful summary of the steps which you must follow in order to
conclude a legally binding contract with us:
Step 1: By placing an order through our web-site you agree unconditionally to these
terms and conditions.
Step 2: On completing your order you will be given the opportunity to add or
delete items as you wish and update your basket. When you click on “View Basket”
you will have the opportunity to cancel the order. At any time you can cancel your
order and return to our site by clicking the “back” button on you web browser or any
of our forms. On receipt, we will send to you notification by electronic mail that your
order has been processed. Upon receipt of such notification and provided that you
are able to access it, a legally binding contract will have been formed between us.
We reserve the right not to process your order and accordingly, we will notify you as
soon as reasonably possible by electronic mail if this is the case.
(2) Please note that while we guarantee to send to you a notification of every valid
order we receive from you, you will understand that we cannot equally guarantee
that the notification we send will be received by you, nor that, if it is received by you,
it is legible and uncorrupted.
(3) These terms and conditions shall override any contrary terms or conditions
published by us or appearing on this web-site in relation to any order placed by you
with us. However these terms shall be deemed to incorporate (and you agree to be
bound by) any additional terms and conditions which may apply to offers and
promotions appearing on this web-site from time to time.
(4) We reserve the right to change our terms and conditions from time to time at our
sole discretion without liability to you. The latest terms and conditions will be made
available on our web-site.

3 Conditions of Use of this web-site and the on-line ordering service
(1) There are some situations where we cannot accept an order, and in the order
form, you will be asked to identify if any of these are applicable to you by either
clicking on a “yes” or “no” box. You will ensure that your responses are not
misleading or inaccurate, and accordingly you acknowledge that we are reliant upon
you to complete the order form accurately.
(2) You agree not to post or transfer to our web-site (nor include in any message)
any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach
of any copyright or other intellectual property right, or damaging to data, software or
the performance of our or any other parties’ computer system. You agree to
indemnify us in respect of any liabilities, losses, expenses, or other costs
whatsoever incurred as a result of a breach of your obligation under this condition

3(2), including, but not limited to, any claims made against us by any third party.
(3) The Data Protection Act 1998 is designed to protect individuals about whom
information is entered and stored on computer and other systems. Accordingly, it
lays down strict standards of accuracy, relevance and care of such data including
how it may be divulged. Any data about individuals you enter onto our web-site
directly or include in any message to us will be subject to the Act and you are
responsible for its accuracy and relevance and must have the authority to disclose it
and for us to utilise it for the purposes of any transaction concluded for or by you
through this web-site. We will process your personal data in accordance with our
Privacy Policy.

(4) In consideration of agreeing to your use of this web-site, you acknowledge that
the ownership in any intellectual property rights (including, for the avoidance of
doubt, copyright) in this web-site belongs to us. Accordingly, any part of this
web-site (or its source HTML code) may not be used, transferred, copied or
reproduced in whole or in part in any manner other than for the purposes of utilizing
this web-site meaning that you may only display it on your computer screen and
print it out on your printer for the sole purpose of viewing its content.

(5) You may only use the trade marks featured in our web-site for the purpose of
displaying this web-site on your computer screen or printing out this web-site on
your printer in accordance with Condition 2(3) above.

(6) You may not link this web-site to any other web-site. Furthermore, we do not
make any warranties, representations or undertakings about the content of any
other web-site which may be referred to or accessed by hypertext link with this
web-site, and we do not endorse or approve the content of such third party
web-sites.

(7) Please be aware that to the extent permitted by law and except as expressly
provided for in part B of these terms and conditions, we do not accept liability in
respect of this web-site, your use of it or our on-line ordering service.

(8) Use of this web-site is subject to the laws of England and Wales, and the
exclusive jurisdiction of the English Courts.

Part B
1 Description and Pricing

(1) Unless otherwise stated all prices of goods advertised on this web-site are in pounds sterling.

(2) Every effort will be made to ensure that the goods you receive match the
description and images (if any) set out on this web-site as far as reasonably
possible. However, you acknowledge that some variation may occur, especially
when the goods are, or are derived from, naturally occurring products.

2 Payments
(1) Payment shall be made by you for all monies owed to us in respect of orders
placed on this web-site (“Payment”).

(2) Payment shall be made on order and is acceptable by cheque or major credit
and debit cards. Cheques and Postal Orders should be made payable to
Park Farm Products and crossed “payee only” and sent to our address above.

3 Ownership/Risk
(1) The risk of damage to or loss of goods supplied by us will pass to you when the goods are loaded on to the delivery vehicles at our/fulfilment-house premises. We will not despatch goods to you until we are receipt of Payment in full in cleared funds and ownership in the goods remains with us until that point.
4 Delivery
Delivery includes UK Mainland. Scottish Highlands may take 1-2 days longer than
standard. Our standard cost for delivery excludes Isle of Wight, Isle of Man, parts of
Scotland, Scottish Islands, Channel Islands, Northern Ireland and Eire. If you
require delivery to these areas, please e-mail your requirements and we will be
happy to quote you.
28 day delivery is based on items that are in stock. We will endeavour to notify you
of items that are out of stock via e-mail within 1 working day of your order.
Delivery times are not guaranteed and should the delivery be delayed by factors
beyond our control, we will notify you at the earliest opportunity.

5 Right to withdraw
(1) In certain circumstances, you may have the right to withdraw from the contract
without penalty and without the need to give us any reason, at any time during a
period of seven working days (Monday to Friday inclusive) which in the case of
goods shall begin from the day after the day of receipt of the goods by you and in
the case of services, from the day after the day of conclusion of the contract.

(2) For your convenience, we will notify you as to whether you have a right to
withdraw in respect of any of the products on the order form.

(3) We agree to reimburse you, free of charge, within 30 days of notification of
withdrawal, the purchase price you paid for the goods or services, although we do
reserve the right to charge you for the cost of returning any goods (which shall be by
deduction from the purchase price).

(4) This right of withdrawal shall not apply, in any event, in the following
circumstances:
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to services if performance of the contract has begun with your agreement,
before the end of the seven working day period; or
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to any goods made to your specification or personalised at your request.


6 Damaged Goods And Returns Policy
We want all our customers to be completely satisfied and if you do have a genuine
problem with quality or damage to any items that you have received, we want to
know about it. If damage has been caused while in transit to you, please keep all
packaging and the damaged item and inform us immediately; we will then be able to
take the matter up with our carrier and make sure a replacement is despatched to
you. The carrier will be under instruction to collect the damaged item for return to
PFP Direct. If any of the goods have been used, or are not available for collection,
in certain circumstances PFP will not be able to replace them.
ISSUES OF QUALITY: Contact our customer service department outlining your
quality issues via service[at]parkfarmproducts.co.uk. This will provide us with an
opportunity to investigate, and in some circumstances we may ask you to return the
item to help us with our investigation. If necessary, we will arrange a replacement or
refund. In all circumstances, complaints of quality or damage will only be entertained
up to a maximum of 30 days after date of delivery.


7 Warranties and Liability
THIS WEB-SITE IS PROVIDED BY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS WEB-SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS FOR SALE ON THIS
WEB-SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB-SITE IS
AT YOUR OWN RISK.
TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS
WEB-SITE, ITS SERVERS, OR E-MAILS WHICH MAY BE SENT FROM US ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
WEB-SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT,
YOUR ORDER, THE GOODS SUPPLIED OR OTHERWISE SHALL NOT EXCEED
THE VALUE OF YOUR TOTAL PAYMENTS TO US.
Nothing in this agreement shall serve to exclude or limit our liability in respect of
death or personal injury caused by our negligence.


8 Termination
We reserve the right to terminate this agreement immediately on notice to you in the
event that you are deemed to be in material breach of any term of this agreement
including without limitation Part A, Section 3, Conditions 2 and 3 and Part B, Section

2.
Part C

1 Complaints
We aim to provide you with a quality service. If, however, you feel that you have
cause to complain, you can contact us at the address given in Section 1 of Part A
above. We will try to do our best to solve any problems that arise.

2 Force Majeure
We do not take responsibility for any event which is outside our reasonable control
nor for any consequential loss arising from such an event.

3 Entire Agreement
This agreement supersedes any prior agreements or arrangements which may have
subsisted between us, provided the information you have given to us is not incorrect
or fraudulent.

4 Interpretation
In this agreement:
(1) reference to any statute or statutory provision includes a reference to that statute
or statutory provision as from time to time amended, extended or re-enacted;
(2) words importing the singular include the plural, words importing any gender
include every gender and words importing persons include bodies corporate and
un-incorporate; and (in each case) vice versa;
(3) any reference to a party to this agreement includes a reference to successors in
title and permitted assigns;
(4) the headings to the Clauses are for ease of reference only and shall not affect
the interpretation or construction of this agreement.

5 Law
This Agreement shall be governed by and construed in accordance with the laws of
England.

6 Severability
Notwithstanding that the whole or any part of any provision of this Agreement may
prove to be illegal or unenforceable the other provisions of this Agreement and the
remainder of the provision in question shall remain in full force and effect.

7 Third Parties
The parties confirm their intent not to confer any rights on any third parties by virtue
of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999
shall not apply to this Agreement.



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