TERMS OF SERVICE SHOPÂ
Terms Of ServiceÂ
1. IntroductionÂ
1.1. These terms and conditions shall govern the sale and purchase of products throughour website.Â
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we mayÂ
change or end the contract, what to do if there is a problem and other important information.Â
1.3. 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.Â
1.4. These terms and conditions do not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, CancellationÂ
and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).Â
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2. InterpretationÂ
2.1. In these terms and conditions:Â
2.1.1. “we” means Bradvine Fine Foods Ltd t/a Bibury Trout Farm (our full details and contact information is set out in Section 25); andÂ
2.1.2. “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.Â
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3. Order processÂ
3.1. The advertising of products on our website constitutes an “invitation to treat” ratherÂ
than a contractual offer.Â
3.2. No contract will come into force between you and us unless and until we accept yourÂ
order in accordance with the procedure set out in this Section 3.Â
3.3. To enter into a contract through our website to purchase products from us, theÂ
following steps must be taken: [you must add the products you wish to purchase toÂ
your shopping cart, and then proceed to the checkout; if you are a new customer,Â
you must then create an account with us and log in; if you are an existing customer,Â
you must enter your login details; once you are logged in, you must select yourÂ
preferred method of delivery and confirm your order and your consent to the termsÂ
of this document; you will be transferred to our payment service provider’s website,Â
and our payment service provider will handle your payment; once we have checkedÂ
whether we are able to meet your order, we will either send you an orderÂ
confirmation (at which point your order will become a binding contract) or we willÂ
confirm by email that we are unable to meet your order.Â
3.4. You will have the opportunity to identify and correct input errors prior to makingÂ
your order by deleting unwanted items from your basket prior to checkout.Â
3.5. Our website is solely for the promotion of our products in the UK. Unfortunately, weÂ
do not [accept orders from OR deliver to] addresses outside the UK.Â
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4. ProductsÂ
4.1. We may periodically change the products available on our website, and we do notÂ
undertake to continue to supply any particular product or type of product.Â
4.2. The images of the products on our website are for illustrative purposes only.Â
Although we have made every effort to display the colours accurately, we cannotÂ
guarantee that a device’s display of the colours accurately reflects the colour of theÂ
products. Your product may vary slightly from those images.Â
4.3. The packaging of the product may vary from that shown in images on our website.Â
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5. PricesÂ
5.1. Our prices are quoted on our website.Â
5.2. We will from time to time change the prices quoted on our website, but this will notÂ
affect contracts that have previously come into force.Â
5.3. All amounts stated in these terms and conditions or on our website are statedÂ
exclusive of VAT as these products carry a zero VAT rating. If the rate of VATÂ
changes between your order date and the date we supply the product, we will adjustÂ
the rate of VAT that you pay, unless you have already paid for the product in fullÂ
before the change in the rate of VAT takes effect.Â
5.4. It is possible that prices on the website may be incorrectly quoted; accordingly, weÂ
will verify prices as part of our sale procedures so that the correct price will beÂ
notified to you before the contract comes into force.Â
5.5. In addition to the price of the products, you may have to pay a delivery charge,Â
which will be notified to you before the contract of sale comes into force.Â
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6. PaymentsÂ
6.1. You must, during the checkout process, pay the prices of the products you order.Â
6.2. Payments may be made by debit or credit card.Â
6.3. Subject to any subsequent charge-back, you own a product (which is goods) once weÂ
have received payment in full.Â
6.4. If you fail to pay to us any amount due under these terms and conditions inÂ
accordance with the provisions of these terms and conditions, then we may withholdÂ
the products ordered and/or by written notice to you at any time cancel the contractÂ
of sale for the products.Â
6.5. If you make an unjustified credit card, debit card or other charge-back then you willÂ
be liable to pay us, within 7 days following the date of our written request:Â
6.5.1. an amount equal to the amount of the charge-back;Â
6.5.2. all third party expenses incurred by us in relation to the charge-back (includingÂ
charges made by our or your bank or payment processor or card issuer);Â
6.5.3. an administration fee of GBP 10.00 including VAT; andÂ
6.5.4. all our reasonable costs, losses and expenses incurred in recovering theÂ
amounts referred to in this Section 6.5 (including without limitation legal feesÂ
and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember theÂ
source of an entry on your card statement or other financial statement, and make aÂ
charge-back as a result, this will constitute an unjustified charge-back for theÂ
purposes of this Section 6.5.Â
6.6. We may also charge interest to you on any overdue amount at the rate of 8% a yearÂ
above the base lending rate of the Bank of England from time to time. This interestÂ
shall accrue on a daily basis from the due date until the date of actual payment of theÂ
overdue amount, whether before or after judgment. You must pay us interestÂ
together with any overdue amount.Â
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7. DeliveriesÂ
7.1. We will deliver the products to you as soon as reasonably possible and we guaranteeÂ
to deliver an order within 10 days of the day on which we accept your order. If yourÂ
order needs to be arranged for a specific date, you will need to emailÂ
sales@biburytroutfarm.co.uk to arrange.Â
7.2. If our supply of the products is delayed by an event outside our control then we willÂ
contact you as soon as possible to let you know and we will take steps to minimiseÂ
the effect of the delay. Provided we do this, we will not be liable for delays causedÂ
by the event but if there is a risk of substantial delay you may contact us to end theÂ
contract and receive a refund for any products you have paid for but not received.Â
7.3. As the products are fresh foods it is essential that you are available at the designatedÂ
address to take delivery of the products.Â
7.4. If after a failed delivery to you, you do not re-arrange delivery or collect them fromÂ
a delivery depot we will contact you for further instructions and may charge you forÂ
storage costs and any further delivery costs. If, despite our reasonable efforts, we areÂ
unable to contact you or re-arrange delivery or collection before the “best before”Â
date of the products expires we may end the contract.Â
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8. Distance contracts: cancellation rightÂ
8.1. This Section 8 applies if and only if you offer to contract with us, or contract withÂ
us, as a consumer – that is, as an individual acting wholly or mainly outside yourÂ
trade, business, craft or profession.Â
8.2. Orders may be cancelled between the time of the sending of the email confirmingÂ
your order and despatch of the goods solely at the company’s discretion. PleaseÂ
contact us by phone on 01285 740215.Â
8.3. Under the Distance Selling Regulations fresh foods are excluded from the Right toÂ
Cancel.Â
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9. What to do if there is a problemÂ
9.1. If the goods you have ordered arrive in an unsatisfactory state please contact usÂ
immediately on sales@biburytroutfarm.co.uk by phone on 01285 740215 orÂ
phone on 01794 330000. We pride ourselves on delivering the very finest smokedÂ
trout so if we will replace any order that is not delivered within the promisedÂ
timeframe or arrives in an unsatisfactory condition.Â
9.2. If you wish to exercise your legal rights to reject products you must allow us toÂ
collect them from you. We will pay the costs of postage or collection. Please callÂ
customer services on 01285 740215 or email us at sales@biburytroutfarm.co.uk forÂ
to arrange collection. You must still store and look after the products in accordanceÂ
with our instructions from the time you take possession to the time we collect them.Â
9.3. For detailed information on your consumer rights please visit the Citizens AdviceÂ
website www.adviceguide.org.uk or call them on 0808 223 1133.Â
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10. Warranties and representationsÂ
10.1.You warrant and represent to us that:Â
10.1.1. you are legally capable of entering into binding contracts;Â
10.1.2. you have full authority, power and capacity to agree to these terms andÂ
conditions;Â
10.1.3. all the information that you provide to us in connection with your order is true,Â
accurate, complete and non-misleading; andÂ
10.1.4. you will be able to take delivery of the products in accordance with theseÂ
terms and conditions.Â
10.2.We warrant to you that:Â
10.2.1. we have the right to sell the products that you buy;Â
10.2.2. the products we sell to you are sold free from any charge or encumbrance,Â
except as specified in these terms and conditions;Â
10.2.3. you shall enjoy quiet possession of the products you buy, except as specifiedÂ
in these terms and conditions;Â
10.2.4. the products you buy will correspond to any description published on ourÂ
website; andÂ
10.2.5. the products you buy will be of satisfactory quality and fit for their fit for theirÂ
intended purpose.Â
10.3.All of our warranties and representations relating to the supply of products are setÂ
out in these terms and conditions. To the maximum extent permitted by applicableÂ
law and subject to Section 11.1, all other warranties and representations areÂ
expressly excluded.Â
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11. Limitations and exclusions of liabilityÂ
11.1.Nothing in these terms and conditions will:Â
11.1.1. limit or exclude any liability for death or personal injury resulting fromÂ
negligence;Â
11.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;Â
11.1.3. limit or exclude any liabilities in any way that is not permitted underÂ
applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited byÂ
these terms and conditions, except to the extent permitted by law.Â
11.2.The limitations and exclusions of liability set out in this Section 11 and elsewhere inÂ
these terms and conditions:Â
11.2.1. are subject to Section 11.1; andÂ
11.2.2. govern all liabilities arising under these terms and conditions or relating to theÂ
subject matter of these terms and conditions, including liabilities arising inÂ
contract, in tort (including negligence) and for breach of statutory duty, exceptÂ
to the extent expressly provided otherwise in these terms and conditions.Â
11.3.We will not be liable to you in respect of any loss or damage that:Â
11.3.1. is not reasonably foreseeable at the time the contract was made; orÂ
11.3.2. arises out of any event or events beyond our reasonable control.Â
11.4.We will not be liable to you in respect of any business losses, including (withoutÂ
limitation) loss of or damage to profits, income, revenue, use, production,Â
anticipated savings, business, business interruption, contracts, commercialÂ
opportunities or goodwill.Â
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12. When we may cancel an orderÂ
12.1.We may cancel a contract under these terms and conditions immediately, by givingÂ
you written notice of termination, if:Â
12.1.1. you fail to pay, on time and in full, any amount due to us under that contract;Â
12.1.2. you commit any breach of the contract (except payment) and do not or cannotÂ
remedy the breach within 5 days;Â
12.1.3. you do not, within a reasonable time of us asking for it, provide us withÂ
information that is necessary for us to provide the products;Â
12.1.4. you do not allow us to deliver the products to you or collect them from us onÂ
the agreed date or within the agreed timescale;Â
12.2.We may cancel a contract under these terms and conditions by written notice to youÂ
if we are prevented from fulfilling that contract by any event beyond our reasonableÂ
control, including without limitation any unavailability of raw materials,Â
components or products, or any power failure, industrial dispute affecting any thirdÂ
party, governmental regulations, pandemic, epidemic, fire, flood, disaster, riot,Â
terrorist attack or war.Â
12.3.We may cancel a contract under these terms and conditions by written notice to youÂ
if we are going to stop providing the product. We will let you know at least 30 daysÂ
in advance of our stopping the supply of the product.Â
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13. When you may cancel an order.Â
13.1.You may cancel a contract under these terms and conditions immediately, by givingÂ
us written notice of termination, ifÂ
13.1.1. we have told you about an error in the price or description of the product youÂ
have ordered and you do not wish to proceed;Â
13.1.2. there is a risk that supply of the products may be significantly delayed becauseÂ
of events outside our control; orÂ
13.1.3. you have a legal right to end the contract because of something we have doneÂ
wrong (including because we have delivered late (see Section 7).Â
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14. Consequences of order cancellationÂ
14.1.If a contract under these terms and conditions is cancelled in accordance withÂ
Section 12 Section 13:Â
14.1.1. we will cease to have any obligation to deliver products which are undeliveredÂ
at the date of cancellation; andÂ
14.1.2. you will continue to have an obligation where applicable to pay for productsÂ
which have been delivered in accordance with the contract at the date ofÂ
cancellation (without prejudice to any right we may have to recover theÂ
products).Â
14.2.If a contract under these terms and conditions is cancelled in accordance withÂ
Section 12.1 we will refund any money you have paid in advance for products weÂ
have not provided but we may deduct or charge you reasonable compensation for theÂ
net costs we will incur as a result of your breaking the contract (such costs may beÂ
up to the full price of the contract if, for example, you refuse to accept delivery ofÂ
the product and we are unable to resell the product due to health and safety reasons).Â
14.3.If a contract under these terms and conditions is cancelled in accordance withÂ
Section 12.2 or Section 12.3 we will refund any sums you have paid in advance forÂ
products which will not be provided.Â
14.4.We will make any refunds due to you as soon as possible by the method you usedÂ
for payment.Â
14.5.After termination of the contract, all the other provisions of these terms andÂ
conditions will cease to have effect, except that Sections 1, 6.5, 11, 14, 15, 18, 19,Â
20, 21, 22 and 23 will survive termination and continue in effect indefinitely.Â
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15. How we may use your personal informationÂ
15.1.We will only use your personal information as set out in our PRIVACYÂ
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16. ScopeÂ
16.1.These terms and conditions shall not constitute or effect any assignment or licenceÂ
of any intellectual property rights.Â
16.2.These terms and conditions shall not govern the licensing of works (includingÂ
software and literary works) comprised or stored in products.Â
16.3.These terms and conditions shall not govern the provision of any services by us orÂ
any third party in relation to the products (other than delivery services).Â
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17. VariationÂ
17.1.We may revise these terms and conditions from time to time by publishing a newÂ
version on our website.Â
17.2.A revision of these terms and conditions will apply to contracts entered into at anyÂ
time following the time of the revision, but will not affect contracts made before theÂ
time of the revision.Â
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18. AssignmentÂ
18.1.You hereby agree that we may assign, transfer, sub-contract or otherwise deal withÂ
our rights and/or obligations under these terms and conditions and we will ensureÂ
that the transfer will not affect your rights under the contract.Â
18.2.You may only assign, transfer, sub-contract or otherwise deal with any of your rightsÂ
and/or obligations under these terms and conditions if we have agreed to this inÂ
writing.Â
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19. No waiversÂ
19.1.No breach of any provision of a contract under these terms and conditions will beÂ
waived except with the express written consent of the party not in breach.Â
19.2.No waiver of any breach of any provision of a contract under these terms andÂ
conditions shall be construed as a further or continuing waiver of any breach of thatÂ
provision or any other provision of that contract.Â
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20. SeverabilityÂ
20.1.If a provision of these terms and conditions is determined by any court or otherÂ
competent authority to be unlawful and/or unenforceable, the other provisions willÂ
continue in effect.Â
20.2.If any unlawful and/or unenforceable provision of these terms and conditions wouldÂ
be lawful or enforceable if part of it were deleted, that part will be deemed to beÂ
deleted, and the rest of the provision will continue in effect.Â
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21. Third party rightsÂ
21.1.A contract under these terms and conditions is for our benefit and your benefit, andÂ
is not intended to benefit or be enforceable by any third party.Â
21.2.The exercise of the parties’ rights under a contract under these terms and conditionsÂ
is not subject to the consent of any third party.Â
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22. Entire agreementÂ
22.1.Subject to Section 10.1, these terms and conditions shall constitute the entireÂ
agreement between you and us in relation to the sale and purchase of our productsÂ
and shall supersede all previous agreements between you and us in relation to theÂ
sale and purchase of our products.Â
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23. Law and jurisdictionÂ
23.1.These terms and conditions shall be governed by and construed in accordance withÂ
English law.Â
23.2.These terms are governed by English law and you can bring legal proceedings inÂ
respect of the products in the English courts. If you live in Scotland you can bringÂ
legal proceedings in respect of the products in either the Scottish or the EnglishÂ
courts. If you live in Northern Ireland you can bring legal proceedings in respect ofÂ
the products in either the Northern Irish or the English courts. This does not affectÂ
your statutory consumer rights.Â
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24. Statutory and regulatory disclosuresÂ
24.1.We will not file a copy of these terms and conditions specifically in relation to eachÂ
user or customer and, if we update these terms and conditions, the version to whichÂ
you originally agreed will no longer be available on our website. We recommendÂ
that you save a copy of these terms and conditions for future reference.Â
24.2.These terms and conditions are available in the English language only.Â
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25. Our detailsÂ
25.1.This website is owned and operated by Bradvine Ltd t/a Bibury Trout Farm.Â
We are registered in England and Wales under registration number 04255679Â
25.2.and our registered office is at Summer Lake Spine Road, South Cerney, Cheltenham,Â
GL5 7LWÂ
25.3.Our principal place of business is at Bibury Trout Farm, Bibury, Nr Cirencester,Â
GL7 5NLÂ
25.4.You can contact us by writing to the address given above, by telephone on 01285Â
740215 or by email sales@biburytroutfarm.co.ukÂ