1. These Terms
1.1. These are the terms and conditions on which we supply products to you.
1.2. Please read these terms and conditions carefully before you submit your order to us. These terms tell you who we are, how we will provide the products to you, how you and we may change or end the agreement, what to do if there is a problem and other information.
2. Information about us and how to contact us
2.1. We are Farmers Choice Free Range Limited ('Farmers Choice') a company registered in England and Wales. Our company registration number is 04975337 and our registered office is at Carnac Place, Cams Hall Estate, Fareham, Hampshire PO16 8UY.
2.2. You can contact us by telephoning 01489 583828 between 8.30am and 5.30pm Monday to Friday or by emailing us at email@example.com.
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Monthly Payment Customers Benefits
3.1 Monthly Payment Customers who agree to pay a monthly sum to Farmers Choice by direct debit or standing order receive the following benefits, such benefits may be withdrawn at any time as determined by Farmers Choice's sole discretion:
3.1.1. free delivery for orders above the minimum order value stated in your current scheme package at the time of your order (if you are not a monthly payment customer a delivery charge as stated at the time of order);
3.1.2. free credit to order up to your 'credit ratio' times the amount of your monthly payment plus the balance on your account. See your scheme package for credit ratio;
3.1.3. details of special offers sent by email.
4.1. Orders may be placed on the Farmers Choice website www.farmerschoice.co.uk or by telephone to 01489 583828, fax to 01489 577759 or emailing us at firstname.lastname@example.org.
4.2. Orders placed on the website or by email, fax, telephone, letter or in person will be acknowledged by Farmers Choice and confirmed within 24 hours of receipt of your order (excluding weekends and public holidays). The agreement between us will only be formed when we send you this confirmation or, in the case of telephone orders, when we confirm your order at the end of the call.
4.3. In the case of the first order, delivery can only be made once Farmers Choice has received cleared funds for the amount of the order.
4.4. Where items are sold by weight, Farmers Choice will endeavour to deliver them as near as possible to weight specified and they may be over or underweight. You will only be charged for the weight actually delivered.
4.5. The price for the items ordered shall be in accordance with the price per kilo displayed online or quoted at the time of the order unless agreed otherwise in writing and we will pass on any changes in the rate of VAT.
4.6. Once we have confirmed an order pursuant to clause 4.2, there is no right to cancel as the items sold are of a perishable nature.
4.7. If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by telephone or email and will not process your order.
4.8. 115% of the anticipated order price will be debited after the order is accepted, this allows for clause 4.4 Any order price overcharge will be credited back using the same payment method once it has been weighed, packed and the order is dispatched for delivery.
4.9. Orders will only be delivered to mainland UK.
5.1. To ensure delivery of any product on a particular day, you should place your order at least 10 working days before you require the product. A 'working day' is any day other than a Saturday, Sunday or public holiday.
5.2. Subject to clause 5.1, you must select a date and approximate time for delivery from the given choices with your order which is to be confirmed by Farmers Choice.
5.3. Deliveries may be subject to charge depending upon order value and any other special delivery requests and will be displayed or discussed with you when you place your order.
5.4. Delivery of an order shall be completed when we deliver the products to the address you provide to us and/or leave the products in the location you specified if you are out. The items will be your responsibility from that time.
5.5. You own the products when we receive payment in full.
6. Cancellation of monthly payment
6.1. You have the right to cancel a monthly payment agreement by giving us notice within 14 days after the day of receiving our first confirmation of your monthly payment agreement unless you have ordered products (please see clause 4.6 for further details).
6.2. To provide us with notice please contact us at Farmers Choice 2a Crompton Way, Segensworth West, Fareham, Hants PO15 5SS or email@example.com. The notice is deemed served from the date it is posted or sent to us by email. The easiest way to provide this notice is to complete our cancellation form on your agreement or from the 'My Account' section of our website.
6.3. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards Office.
7. Ending the agreement
7.1. In addition to your rights under clause 6 (only applicable to agreements made during a visit to your home, online or by phone), you can end the agreement at any time by giving 10 working days' notice in writing to Farmers Choice and cancelling any standing order or direct debit.
7.2. You must clear any debit balance upon your account within 10 working days of ending the agreement.
7.3. Unless you cancel the agreement in accordance with clause 6 (when you will be refunded all sums paid), credit balances are not refundable and you must take any credit balance by ordering further items to the amount of the credit.
7.4. Farmers Choice may end the agreement by giving you notice in writing if you do not make payment when due, any cheque that is not paid on presentation, if any payment by debit or credit card is refused by the card provider or any direct debit or standing order shall be cancelled or not otherwise paid by the bank.
8. Inactive Accounts
8.1. If there are no orders placed and no payments made on your account for a continuous period of 24 months your account will be closed.
8.2. If you want to re-activate your account after the 24 month period but before 36 months you will need to pay a re-activation fee of £25.00 and this will keep your account open for a further 24 months.
9. Dormant Account
If there are no orders on your account for 36 months Farmers Choice will retain any credit balance on your account which is more than 3 years old.
10. Events outside our control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of your obligations under the agreement that is caused by an act or event beyond our reasonable control.
10.2. If an event outside our control takes place that affects the performance of our obligations under the agreement:
10.2.1. we will contact you as soon as reasonably possible to notify you; and
10.2.2. our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control affects our delivery of items to you, we will arrange a new delivery date with you after the event outside our control is over.
11.1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you or us at the time we entered into these terms and conditions.
11.2. We only supply items for domestic and private use. You agree not to use the items for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.3. We do not in any way exclude or limit our liability for:
11.3.1. death or personal injury caused by our negligence;
11.3.2. fraud or fraudulent misrepresentation;
11.3.3. any other matter for which it is unlawful to exclude or limit liability.
12.1. Farmers Choice guarantees the quality of its products. When received, you must inspect them and notify us promptly in writing, by email or by telephone with any dissatisfaction with your order. We will arrange for the collection and delivery of replacement items or refund the price of those items but you must notify us within 10 working days of the original delivery.
12.2. You are responsible for providing us with your up to date contact details including your name, email address, invoice address and telephone number.
12.3. As a consumer, you have legal rights in relation to goods that are faulty or not as described. Nothing in these terms affects these legal rights.
12.4. The agreement is subject to the law of England and Wales.