Please read these terms and conditions of sale carefully before placing an order for any goods. You are advised to print and retain them for your records.
By placing and Order and
purchasing goods from Orchard Acre Farm, you enter into a legally
binding agreement with us on the following basic Conditions. You should
read and understand these Conditions because they affect your rights
and liabilities.
These are the Standard Terms and Conditions of Sale of Orchard Acer
Farm 36 Moynaghan North Road Irvinestown Co Fermanagh BT94 1LQ (the
Seller, We or Us) for certain products as set out in the pages on this
site (the Goods and services). Subject to the provisions of Clause 4.2
below, the price of the Goods the delivery charges and Value Added Tax
where applicable is set out on the Order Form. Whilst every effort is
made to deliver the Goods in good time, we do not accept any liability
for late delivery of the Goods and your attention is drawn to the
provisions of Clause 6 below.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Conditions at any time.
Please check these Conditions periodically for changes.
These conditions describe the basis for purchase by you and sale by us of the products described on this web site.
1. Interpretation
1.1 In these Conditions: Conditions means the standard Terms and
conditions of sale set out in this document; Contract means the
contract for the sale of the Goods;
Payment Card means the credit or Pay pal or other payment system chosen
by you to be used as the method of payment for the Goods of which you
have provided details to us when placing the Order;
Delivery Area means [the delivery address given by you the customer].
Goods which you have ordered including any instalment of the goods or
any parts for them which are available for purchase from our Web Site
in accordance with the Conditions;
Information System means a system for generating, sending, receiving,
storing or otherwise processing electronic communications;
Order means any order placed by you with us for the supply of Goods;
Order Form means the electronic order form completed and submitted electronically by you;
Regulations means the Consumer Protection (Distance selling) Regulations 2000;
Web Site our presence on the world wide web, currently accessible via the address www.irishgourmet.co.uk
1.2 Reference to any statute or statutory provisions shall be deemed to
include any statutory modifications or re-enactments thereof or any
rules or regulations made there under or any enactment repealing and
replacing the act referred to. 1.3 Unless the context otherwise
requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall
be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the
construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those Goods which
you have set out in an Order and which has been accepted by us. We
reserve the right to reject any Order. Each such sale of Goods will be
subject to these Conditions, which shall govern the Contract to the
exclusion of any other terms and conditions subject to which any Order
is made or purported to be made by you.
2.2 No Order submitted by you shall be deemed to be accepted by us
unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e mail or in writing by us.
2.4 Any advice or recommendation given on this web site or otherwise
given by us or any of our employees or agents to you as to the storage,
application or use of the Goods is followed or acted upon entirely at
your own risk, and accordingly we shall not be liable for any such
advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page
of this web site or in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued by
us shall be subject to correction without any liability on our part.
3. Orders
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally
accepted if the Goods are available, the order reflects current
pricing, you are based in the Delivery Area and your credit or account
card is authorised for the transaction.
3.3 Orchard Acre Farm are entitled to withdraw from any contract in the
case of obvious errors or inaccuracies regarding the Goods appearing on
our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of
any Order submitted by you, and for giving us any necessary information
relating to the Goods within a sufficient time to enable us to perform
the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for
the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make any changes in the specification of
the Goods which are required to conform with any applicable statutory
or EC requirements or where any particular Good is unavailable to
substitute for the Goods ordered other Goods which are substantially
similar in nature and price.
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant
page of this site. We reserve the right to change the prices set out on
this site provided that if we accept an order from you the price for
the goods will be the price set out in the relevant range at the time
the order is placed.
4.2 If the price of the Goods increases between the date we accept your
Order and the delivery date, we will let you know and ask you to
confirm [by e-mail/in writing] that the new price is acceptable. If it
is not acceptable then you will, of course, have the option of
cancelling the order.
4.3 In addition to the price of the Goods you will be liable to pay our
charges for transport, packaging and insurance as shown on the Order
Form.
4.4 The total price is inclusive of any applicable value added tax.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 confirm and undertake that the information contained within the
Order is true and accurate and that you are duly authorised to use the
Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full
price of the Goods and all other payments which may become due to us
under the Contract.
5.2 The deduction of monies from your Payment Card does not mean that
we have accepted your order nor does it mean that a contract has been
formed between us. In the event that we reject you order we will credit
your Payment Card with the amount deducted.
5.3 If it is not possible to obtain full payment for the Goods from
your account on delivery of the Goods to you, we can cancel the Order
or suspend any further deliveries to you. This does not affect any
other rights we may have.
5.4 Where Goods are returned by you in accordance with your rights
under the provisions of Clause 9, we shall credit the Payment Card with
the appropriate amount.
5.5 We will take all reasonable care to keep all information connected
with your order secure but we cannot be held liable for any loss that
you may suffer if a third party obtains unauthorised access to any
data, including credit and account details you provide when accessing
or ordering from this Web Site, unless this is solely due to our
negligence.
6. Delivery
6.1 Delivery of the Goods shall be made by us or our carrier to the
address for delivery shown in the Order Form. It is important that this
address is accurate. Please be precise about where you would like the
Goods left if you are out when we deliver. We cannot accept any
liability for any loss or damage to the Goods once they have been
delivered in accordance with your delivery instructions.
6.2 The Goods may at our discretion be delivered in instalments. Each
delivery shall constitute a separate contract and failure by us to
deliver any one or more of the instalments in accordance with these
Conditions or any claim by you in respect of any one or more
instalments shall not entitle you to treat the Contract as a whole as
repudiated.
6.4 If we fail to deliver the Goods (or any instalment) for any reason
other than any cause beyond our reasonable control or your fault, and
we are accordingly liable to you, our liability shall be limited to the
price of the Goods.
6.5 If you fail to take delivery of the Goods or fail to give us
adequate delivery instructions then, without prejudice to any other
right or remedy available to us, we may cancel the Contract and refund
to you the price of the goods less the cost of their delivery and the
cost of their being returned to us.
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to you at the
time of delivery or, if you wrongfully fail to take delivery of the
Goods, the time when we or our carrier has tendered delivery of the
Goods.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery
and the passing of risk in the Goods, or any other provision of these
Conditions, the property in the Goods shall not pass to you until we
have received in cash or cleared funds payment in full of the price of
the Goods. [Goods supplied to you are not for resale.]
8. Warranties and liability
8.1 Your statutory rights are not affected by these Conditions.
8.2 Any claim by you which is based on any defect in the quality or
condition of the Goods or their failure to correspond with
specification shall (whether or not delivery is refused by you) be
notified to the Company within 14 days from the date of delivery or
(where the defect or failure was not apparent on reasonable inspection)
within a reasonable time after discovery of the defect or failure. If
delivery is not refused, and you do not notify us accordingly, you
shall not be entitled to reject the Goods and we shall have no
liability for such defect or failure, and you shall be bound to pay the
price as if the Goods had been delivered in accordance with the
Contract.
8.3 Where any valid claim in respect of any of the Goods which is based
on any defect in the quality or condition of the Goods is notified to
us in accordance with these Conditions, we shall be entitled to replace
the Goods (or the part in question) free of charge or, at our sole
discretion, refund to you the price of the Goods (or a proportionate
part of the price), but we shall have no further liability to you.
8.4 Except in respect of death or personal injury caused by our
negligence, we shall not be liable to you by reason of any
representation (unless fraudulent), or any implied warranty, condition
or other term, or any duty at common law, or under the express terms of
the contract, for any loss of revenue or profits; loss of anticipated
savings; loss of goodwill or injury to reputation; loss of business
opportunity; losses suffered by third parties; or any other indirect,
consequential or special loss or damage regardless of the form of
action, whether in contract, strict liability or tort (including
negligence), which arise out of or in connection with the supply of the
goods or their use or resale by you, and our entire liability under or
in connection with the contract shall not exceed the price of the
goods, except as expressly provided in these conditions.
8.5 subject to our obligations and your rights under the regulations,
we shall not be liable to you or be deemed to be in breach of the
contract by reason of any delay in performing, or any failure to
perform, any of our obligations in relation to the goods, if the delay
or failure was due to any cause beyond our reasonable control.
8.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9. Right of Withdrawal
9.1 Subject to the provisions of clause 9.3 you shall have a period of
14 days after the date on which you have received the Goods to withdraw
from the Contract and to return the Goods to us. Subject to the
provisions of Clause 9.4, you shall be responsible for payment of the
direct costs in returning the Goods to us and we shall be entitled to
deduct from any refund of the price for the Goods an amount equal to
such delivery costs as are paid by us on your behalf.
9.2 The right to withdraw from the Contract does not affect any of your statutory rights.
9.3 The right to withdraw from the Contract does not apply in respect
of any audio or video recordings or computer software which have been
opened by the Customer.
9.4 In the event that we supply substituted Goods to you in accordance
with the provisions of Clause 2 , your right of withdrawal is as set
out as above except that the cost of returning the Goods shall be borne
by us.
10. Communications
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information
System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient
at the time that in a readable form it enters an Information System
which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business
at its principal place of business and in the case of an individual
where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business
at its principal place of business and in the case of an individual
where he or she ordinarily resides.
11. General
11.1 Any communication sent by post will be deemed received by the
intended recipient three days following mailing where sent by first
class post or five days after mailing where sent by second class post.
11.2 No waiver by us of any breach of the Contract by you shall be
considered as a waiver of any subsequent breach of the same or any
other provision.
11.3 No term of the Contract is intended to confer a benefit on, or be
enforceable by, any person who is not a party to the Agreement (whether
under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or
competent authority to be invalid, unlawful or unenforceable in any
jurisdiction in whole or in part, it will not affect the validity or
enforceability of the other provisions of these Conditions and the
remainder of the provision in question shall not be affected nor will
it affect the validy, lawfulness or enforceability of that provision in
any other jurisdiction.
11.5 The Contract shall be governed by the laws of Northern Ireland,
and you agree to submit to the exclusive jurisdiction of the Northern
Irish courts.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
