1. Introduction
1.1 These terms and conditions shall govern your use of our website and app.
1.2 By using our website or app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or app.
1.3 If you register with us, submit any material to our website or app, or use any of our services, you are expressly agreeing to these terms and conditions.
2. Credit
2.1 This document was created using a template from Docular (https://docular.net).
3. Copyright notice
3.1 Copyright (c) 2020 Billingshurst Dairies Ltd.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and app, and the material on our website and app; and
(b) all the copyright and other intellectual property rights in our website and app, and the material on our website and app are reserved.
4. Permission to use website and app
4.1 You may:
(a)view pages from our website and app in a web browser, or on a smart phone or tablet;
(b)download pages from our website or app for caching in a web browser, smart phone or tablet;
(c)print pages from our website or app for your own personal and non-commercial use; and
(d)use our website and app services by means of a web browser, smart phone or tablet subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or app, or save any such material to your computer.
4.3 You may only use our website or app for your own personal and business purposes; you must not use our website or app for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or app.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a)republish material from our website or app (including republication on another website or app);
(b)sell, rent or sub-license material from our website or app;
(c)show any material from our website or app in public;
(d)exploit material from our website or app for a commercial purpose; or
(e)redistribute material from our website or app.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to suspend or restrict access and/or to functionality to our website or app. We may, for example, suspend access to the website or app during server maintenance or when we update the website or app. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website or app.
5. Misuse of website or app
5.1 You must not:
(a)use our website or app in any way or take any action that causes, or may cause, damage, impairment of the performance, availability, accessibility, integrity or security of the website or app;
(b)use our website or app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)hack or otherwise tamper with our website or app;
(d)probe, scan or test the vulnerability of our website or app without our permission;
(e)circumvent any authentication or security systems or processes on or relating to our website or app;
(f)use our website or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g)impose an unreasonably large load on our website or app resources (including bandwidth, storage capacity and processing capacity);
(h)decrypt or decipher any communications sent by or to our website or app without our permission;
(i)conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or app without our express written consent;
(j)access or otherwise interact with our website or app using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k)use our website or app except by means of our public interfaces;
(l)violate the directives set out in the robots.txt file for our website or app;
(m)use data collected from our website or app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n)do anything that interferes with the normal use of our website or app.
5.2 You must not use data collected from our website or app to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website or app, or in relation to our website or app, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website or app under this Section 6, you must be resident or situated in the United Kingdom.
6.2 You may register for an account with our website or app by completing and submitting the account registration form on our website or app.
6.3 You must not allow any other person to use your account to access the website or app.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website or app, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website or app, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a)suspend your account;
(b)cancel your account; and/or
(c)edit your account details,at any time in our sole discretion with or without notice to you.
8.2 We will usually cancel an account if it remains unused for a continuous period of 18 months. We will usually suspend an account and cease deliveries if payment has not been received within the stated terms.
8.3 You may cancel your account on our website by contacting us via phone or email. We require 24 hrs notice of cancellation.
9. Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website or app.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this and any successor website or app.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website or app.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Limited warranties
10.1 We do not warrant or represent:
(a)the completeness or accuracy of the information published on our website or app;
(b)that the material on the website or appis up to date;
(c)that the website or app will operate without fault; or
(d)that the website, app or any service on the website or app will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website or app services, and to stop publishing our website or app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website or app services, or if we stop publishing the website or app.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and app, and the use of our website and app.
11. Limitations and exclusions of liability
11.1. Nothing in these terms and conditions will:
(a)limit or exclude any liability for death or personal injury resulting from negligence;
(b)limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)limit any liabilities in any way that is not permitted under applicable law; or
(d)exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a)are subject to Section 11.1; and
(b)govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 To the extent that our website and app, and the information and services on our website and app are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or app, or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)send you one or more formal warnings;
(b)temporarily suspend your access to our website or app;
(c)permanently prohibit you from accessing our website or app;
(d)block computers using your IP address from accessing our website or app;
(e)contact any or all of your internet service providers and request that they block your access to our website or app;
(f)commence legal action against you, whether for breach of contract or otherwise; and/or
(g)suspend or delete your account on our website or app.
Where we suspend or prohibit or block your access to our website or app, or a part of our website or app; you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Variation
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website and app from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website and app, and you must stop using the website and app.
14. Assignment
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Customer Registration and Placing an Order for Goods
16.1 You will need to register with us before you will be able to place an order. To register online or via the app, you will need a valid email address and you will need to create a secure password.
16.2 There are two types of order that you can place:
16.3 Subscription – this is an order for goods you order to be delivered regularly each week for delivery on a particular day of the week. We will deliver items you place on a subscription without you having to order each time. Your subscription can be viewed in the “My Orders” section of the app and website.
16.4 One time order – this is an order for goods you order once for a particular delivery day. Your one time orders can be seen in the “My Orders” section of the app and website.
16.5 You will not be able to place any orders until you have created an account.
16.6 The price of the goods will be as quoted on the website or app at the time you set up your subscription or one time order. If you have set up a subscription, the price for goods in future orders may differ from the price of those goods originally ordered by you. You can check the cost of your subscriptions and one time orders in the “My orders” section of the app and website.
16.7 The prices stated on the website will be inclusive of any VAT payable, unless otherwise stated.
16.8 We have made every effort to describe and display as accurately as possible the goods that appear on the website and app. However, your goods may vary slightly from those images, especially those goods which are handcrafted.
17. Payment Terms
17.1 You can elect to pay for goods delivered via one or more of the following methods:
(a) Direct Debit
(b) UK debit / credit card
(c) Cash or Cheque
17.2 You must contact us via phone or email to arrange payment by cash or cheque. We do not accept liability for any cash left on your property. The cost of processing any returned cheques will be applied to your account.
17.3 You must enter your bank details in the “My Account” section of the app or website and electronically accept the standard Direct Debit terms to elect for payments to be taken from your bank account automatically via Direct Debit.
17.4 You must enter your UK debit / credit card information into the “Wallet” section of the app to make online / electronic payments.
17.5 All goods delivered to you must be paid for within 7 days of delivery, unless you have entered your bank details for auto payment via Direct Debit .
17.6 If you have entered your bank details in the “My Account” section of app or website, we will collect any monies owed from your bank account via Direct Debit on or around the 1st and 15th of each month.
18. Payment Failures
18.1 We reserve the right to suspend your account and any further deliveries and take any other action as we consider appropriate in the event of (1) a failed payment: (2) us being refused authority for payment or (3) our reasonable belief that payment will be refused at any stage.
18.2 You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
19. Delivery
19.1 Delivery is subject to paragraphs 18.1 and 18.2, and will be made to the address specified by you when you place a subscription or order on the website or app.
19.2 You will only be able to register on the website or app if we deliver to your area. We reserve the right to restrict or cease deliveries in any area at our sole discretion. We will provide you with up to 7 days advance notice of any restriction or cessation of deliveries in your area. If delivery dates are restricted and you are not happy with the proposed revised delivery days for your subscription or any one time order, you may cancel the order. If we cease to deliver in your area your subscription(s) or any one time order(s) t will be cancelled. In the event of any payment received in respect of a cancelled order we will refund you within 72 hours of receiving notice of cancellation.
19.3 When you register on the website or app, you will only be able to place orders on the days on which your local rounds person delivers in your area. For example, if your rounds person delivers in your postcode area on Tuesdays, Thursdays and Saturdays, then you will be offered those three days for delivery. Delivery outside of these times is not available for either subscriptions or one time orders, unless we notify you otherwise. We reserve the right to change your delivery pattern if required. We reserve the right to change your assigned delivery days as required by the business.
19.4 Subject to paragraph 19.3 and 19.4, delivery will be made on the day you have requested, usually between 2pm and 8pm on weekdays and between 7am and 5pm on a weekend. However due to the nature of our business we cannot guarantee your order will be delivered by a certain time.
19.5 All goods are subject to availability and prevailing market conditions. If any goods are unavailable, we may offer a reasonable substitute in accordance with section 20 below.
19.6 Your acceptance of goods shall be deemed to take place on delivery, unless we are notified in accordance with section 21. If you have specific delivery instructions please advise us in the “Contact Us” section of the Website or app.
19.7 If you are going on holiday or you will be absent from your delivery address for a period of time and you would like to postpone your subscription deliveries please log-in to your account on the website or app and pause your subscription(s) for the dates you do not want deliveries. If you do not inform us of the dates you will be away from your delivery address, then your deliveries will continue to be made as normal and you will still be charged for deliveries.
20. Substitutions
20.1 In the event of non-availability of any goods you order, we may offer a reasonable substitute.
20.2 Where a substitute item is offered in place of any goods ordered, every effort will be made to bring you a product of equivalent or better quality and value as the original item and the price you will be charged will be the lesser of the original goods ordered and the substitute item and where appropriate receive a refund for the difference.
20.3 If for any reason you are not happy with any substitute item you may reject the item and return it. Please let us know within 3 working days of delivery and we will promptly reimburse the amount you have been charged for the item. You will need to leave the item out for the roundsperson to collect as instructed by us.
20.4 We may make changes to product ranges from time to time. Where a direct substitute is being made available we will automatically replace this item in your order. Otherwise, we may contact you with a suggestion for an alternative where appropriate.
20.5 If we are unable to supply you with goods, for example because those goods are not in stock, no longer available or because we cannot meet your requested delivery date, your order will be logged as ‘not delivered’. If you have already paid for the goods, we will process a refund for the full amount within 72 hours of receiving notification that the goods were not delivered.
21. Defective Goods
21.1 We are under a legal duty to supply products that are in conformity with this contract and each of the goods is sold subject to its product description which can be found on the relevant page for those goods.
21.2 If you think that any of the goods you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then please contact us by email at [email protected] and we will arrange for a refund if applicable. We may ask you to provide reasonable evidence of any goods affected..
21.3 Any refund to you will usually be made using the same method as purchase.
22. Entire agreement
16.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and app, and shall supersede all previous agreements between you and us in relation to your use of our website and app.
23. Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
24. Our details
18.1 This website is owned and operated by Billingshurst Dairies Ltd.
18.2 We are registered in England and Wales under registration number 12593249, and our registered office is at 16 Berrall Way, Billingshurst, West Sussex RH14 9ET.
18.3 Our principal place of business is at Unit 5, Kingsmead, Marringdean Road, Billingshurst, West Sussex, RH14 9ED.
18.4 You can contact us:
(a)by post, to the postal address given above;
(b)using our website contact form;
(c)by telephone, on the contact number published on our website; or
(d)by email, using the email address published on our website.