Terms & ConditionsThese Terms and Conditions govern your use of the Damhead website (www.damhead.co.uk), your relationship with Damhead (Damhead, we or us) and all orders you may make via the Damhead website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Damhead or use the Damhead website. Please note that to use the ordering and account management services provided on the Damhead website, you are required to have an account with us. 1. The Damhead Website is provided to you free of charge for your personal use, subject to these Terms and Conditions. By using Damhead’s website and services you agree to be bound by these Terms and Conditions. 2. The Damhead Website is owned and operated by Mitchell Organics Ltd T/A Damhead Organics,32a Damhead, Old Pentland Road, Edinburgh, EH10 7EA and is referred to as “Damhead” herein. If you have any queries please contact us; contact details are at the end of this document. 3. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS. 4. We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 19 below. Please check periodically for changes. These Terms and Conditions were last updated on 24 February 2008. 5. Set up an account 5.1. To order from Damhead, you must register with us. This is referred to as “registration” throughout our website and literature. However, this is not a credit account; payment will be required upon delivery of goods. 5.2. To register with Damhead you must be over 18 years of age or, if you are a business, you must be operated by a person over 18 years of age. 5.3. You must ensure that the details provided by you on registration or at any time are correct and complete. 5.4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our website. 5.5 The personal and payment details you give to us are governed by a strict privacy policy – please see the separate document by clicking here. 5.6 Following your registration, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference as referred to in paragraph 11.1 below. 6. Password and security 6.1. When you register to use the Damhead Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the website. 6.2. If Damhead has reason to believe that there is likely to be a breach of security or misuse of the Damhead website, we may require you to change your password or we may suspend or cancel your account. 7. Payment 7.1. If electing to pay by card you must ensure that Damhead are provided with details of a valid credit or debit card bearing either the MasterCard, Visa, Delta, Maestro or Switch symbol. You must update us with any change to these details immediately. You can make changes to your payment details by calling or writing to us. Without prejudice to paragraph 8.9 below, we accept no liability for card security if card details are emailed to us as email is by nature insecure. 7.2 Your credit card and payment details will be held on our system; we do our utmost to ensure the security of these details but this cannot be guaranteed. More information about data security is in our privacy policy. Your card will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will use these details for this purpose and for sending you information about our products and services, as described in our Privacy Statement which you can read by clicking here. 7.3 We reserve the right to terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including legal costs and expenses) that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us. Damhead will charge you an administrative fee of £10 on each occasion that your credit or debit card is declined or your cheque is not cleared by your bank for payment. 7.4 If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the website again. You can, however, change orders by calling or emailing us, during our office opening hours and subject to our order deadlines. 7.5 We will submit our request for payment to your bank within 72 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment. 7.6 If you pay by cheque we cannot guarantee when this will be paid in by us and when the amount will be taken from your account. 8. Product purchases 8.1. You must be over the age of eighteen to purchase alcohol from Damhead. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order. 8.2. You may submit orders by using our online ordering facility at any time after you have registered. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. 8.3. Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below. 8.4. No order is accepted from you until our website displays an order confirmation message. This message is displayed after you click ‘confirm’ for a product. When you order by telephone, your order will be accepted verbally by our staff. A contract for our sale of products to you arises on our acceptance of your order. 8.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled; products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. If we do not offer a substitute, we will remove the product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products. 8.6. All products offered by us are subject to occasional change in price. This is particularly likely with fruit and vegetable items which are subject to seasonal changes in supply levels and supply prices. Damhead will endeavour to warn you of any changes to the price or availability of items in our range. However, we reserve the right to change our prices and products without notice to reflect such changes. Current prices will always be shown in the catalogue section of our website and can be obtained by telephoning the office. We will charge you that price which will be inclusive of any applicable VAT. 8.7. Some of our products are priced by weight. The guide weight and associated price are for guidance only; the weight you receive may vary significantly from this guide and the price you are charged will be for the weight of product delivered. 8.8. Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadline of 48 hours prior to delivery. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the products especially to fulfil your order and may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with clause 13 below insofar as the order is for non-perishable items. 8.9. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card. 9. Delivery times 9.1. We will make delivery to your address as stated when you register or update that address. We reserve the right not to deliver to all locations. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website. 9.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so. 9.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for goods unless or until we have delivered them to you. 9.4 We will not charge you for incorrect products (products that you have not ordered and which are not reasonable substitutes for those products) or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered subject as provided in paragraph 14. 9.5 You must inspect the products as soon as possible after delivery and notify us within 24 hours of receipt of goods if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products. Otherwise our liability is limited as provided in paragraph 14. 10. Excluded services 10.1 It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Damhead website. 11. Intellectual property 11.1. All content and programming of the Damhead website is the property of Damhead. You may retrieve and display the content of the Damhead website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Damhead website without written permission from Damhead. 11.2. No licence is granted to you in these Terms and Conditions to use any trade mark of Damhead or its affiliates or licensors. 12. Availability of the website 12.1. Although Damhead aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can. 12.2. Your access to the Damhead website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone. 13. Damhead’s right to cancellation 13.1. Damhead may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. 13.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Damhead’s services, including this website. 13.3. In the case of non-perishable products (but for the avoidance of doubt not in the case of perishable products), our customers who are consumers have the right to cancel the order and contract for those products at any time until the expiry of the seventh working day after the date of delivery of the products by notifying us by telephone, email or post to the address below. We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such products less our reasonable costs in collecting the goods. In the case of perishable products you do not have the right to cancel the order or contract after deadlines published on our website. 13.4 The suspension or cancellation of your registration shall not affect either party's rights or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders. 13.5. Any other provisions of these Terms and Conditions applicable to the use of the Damhead website together with and including paragraph 14 shall survive cancellation. 14. Damhead’s liabilities 14.1. The Damhead Website is provided by Damhead “as is” without any warranties or guarantees save those set out in these Terms and Conditions. 14.2. Whilst Damhead tries to ensure that material included on the Damhead website is correct, reputable and of high quality, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, Damhead will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Damhead website. If Damhead is informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can. 14.3. We disclaim all liabilities in connection with the following: (a) technical problems including errors or interruptions of the Damhead website but we will use reasonable endeavours to correct or avoid them 14.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war. 32A Damhead, Old Pentland Road, Edinburgh, EH10 7EA |
