- These terms
- Information about us and how to contact us
- Our contract with you
- Our products
- Our rights to make changes
- Providing the products
- Your rights to end the contract
- How to end the contract with us
- Our rights to end the contract
- If there is a problem with the product
- Your rights in respect of defective products if you are a consumer
- Your rights in respect of defective products if you are a business
- Price and payment
- Our responsibility for loss or damage suffered by you if you are a consumer
- Our responsibility for loss or damage suffered by you if you are a business
- How we may use your personal information
- Other important terms
1. These terms
1.1. What these terms cover.
These are the terms and conditions on which we supply products to you.
1.2. Why you should read them.
Please read these terms carefully before you order from us. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3. Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to businesses only are in italics.
1.1.4. If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
2. Information about us and how to contact us
2.1. Who we are.
We are Hollis Mead Farms LLP, trading as Hollis Mead Organic Dairy (“We”). We are a limited liability partnership, registered in England and Wales under number OC423458 and have our registered office at Midland House, 2 Poole Road, Bournemouth BH2 5QY. Our main trading address is Urless Farm, Corscombe, Dorset DT2 0NP. Our VAT number is GB856114038.
We are a limited liability partnership.
2.2. How to contact us.
2.3. How we may contact you.
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.
2.4. “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we can’t accept your order.
If we can’t accept your order, we will let you know and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet your delivery deadline.
3.3. We only sell to mainland Great Britain.
Our website is solely for the promotion of our products in Great Britain. Unfortunately, we do not accept orders from addresses outside mainland Great Britain as we can’t be sure our products would reach you while fully fresh.
4. Our products
4.1. Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
5. Our rights to make changes
5.1. Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements. For example, these could relate to health and safety changes to how we produce our products; and
(b) to implement minor adjustments and improvements. For example, these could relate to improvements to how we produce or package our products to reflect best practice and customer feedback.
5.2. More significant changes to the products and these terms.
If we make more significant changes to these terms or the product, we will let you know, and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. Providing the products
6.1. Delivery costs.
Delivery costs will be as shown to you on our website.
6.2. When we will provide the products.
During the order process we will let you know when we will provide the products to you. If you choose a subscription, we will also tell you when and how you can change your order, and how to end the contract.
6.3. If you buy a subscription.
We will supply the products to you until either the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in Clause 10.
6.4. We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5. If you are not at home when the product is delivered.
If no one is available at your address to take delivery, we will instruct our courier to leave the products in a safe place. This will be at your risk.
6.6. If there is a failed delivery.
If there is a failed delivery to you, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.7. When you become responsible for the goods.
A product will be your responsibility from the time we deliver it to the address you gave us or you. You must store products appropriately in a refrigerator as soon as possible after you receive them.
6.8. When you own goods.
You own a product once we have received payment in full.
6.9. What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, your name and a clear delivery address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract and clause 9.2 will apply or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.10. Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical, production or logistical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
6.11. Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may of course choose to use your right to cancel (see clause 7).
6.12. We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 13.4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.6).
7. Your rights to end the contract
7.1. You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 11 if you are a consumer and clause 12 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) In all other cases where we are not at fault, see clause 7.4
7.2. Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 calendar days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). Your right as a consumer to change your mind does not apply to:
(a) Any fresh or chilled food or drink product;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
7.4. Ending the contract where we are not at fault.
Even if we are not at fault, you can still end the contract if you let us know. If you let us know no later than noon two days before your delivery is due, we will cancel the order and refund any payment already taken for that delivery. So, if your delivery is due on Thursday, you will need to let us know by noon on Tuesday.
8. How to end the contract with us
8.1. Tell us you want to end the contract.
To end the contract with us, please let us know by logging into your account on our website and following the instructions to cancel.
8.2. Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call us on 01935 314624 or email us at [email protected] for a return label or to arrange collection.
8.3. When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) in all other circumstances you must pay the costs of return.
8.4. How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9. Our rights to end the contract
9.1. We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your full name and delivery address;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) we reasonably believe that you are taking unfair advantage of any offers, concessions or services that we provide.
9.2. You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3. We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 2 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem with the product
How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01935 314624 or email us at [email protected].
11. Your rights in respect of defective products if you are a consumer
11.1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract, as described, fit for purpose and of satisfactory quality.
12. Your rights in respect of defective products if you are a business
12.1. If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
12.2. Subject to clause 12.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3. We will not be liable for a product’s failure to comply with the warranty in clause 12.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the product, including appropriate refrigeration, or (if there are none) good trade practice;
(c) you alter or repair the product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.4. Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 12.1.
12.5. These terms shall apply to any replacement products supplied by us under clause 12.2.
13. Price and payment
13.1. Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2. We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3. What happens if we got the price wrong.
It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4. When you must pay and how you must pay.
We accept payment through the payment portal on our website. You must pay for the products before we dispatch them. We will charge your credit or debit card no earlier than 48 hours before dispatch.
13.5. Your right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.6. We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1. We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1; and for defective products under the Consumer Protection Act 1987.
14.3. We are not liable for business losses.
If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. Our responsibility for loss or damage suffered by you if you are a business
15.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2. Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3. Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £50 and ONE HUNDRED per cent (100%) of the total sums paid by you for products under such contract.
16. How we may use your personal information
17. Other important terms
17.1. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 calendar days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2. You may not transfer your rights to someone else.
If you wish to end your relationship with us, you can end the contract as set out in Clause 7.
17.3. Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4. If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
17.7. Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.