Terms and Conditions

Terms and Conditions

 Welcome to The Butchers at Darts Farm website terms and conditions for use. These terms and conditions apply to the use of this website at www.thebutchersatdartsfarm.co.uk. By accessing this website and/or placing and order, you agree to be bound by these terms and conditions. 
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
 The www.thebutchersatdartsfarm.co.uk is operated by: Thinkology
 1.    INTRODUCTION
 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
 
TERMS AND CONDITIONS OF ECOMMERCE SALES OF www.thebutchersatdartsfarm.co.uk
 
 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
 "Services" means the services that the Buyer agrees to buy from the Supplier;
 "Supplier" means The Butchers at Darts Farm that owns and operates www.thebutchersatdartsfarm.co.uk;
 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
 "Website" means thebutchersatdartsfarm.co.uk
 
1.       CONDITIONS
1.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
1.2  These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
1.3  Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
 1.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
1.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
 1.6 Any complaints should be addressed to the Supplier's address The Butchers at Darts Farn, Topsham, Devon, EX3 0QH 
2.    ORDERING FROM US
 
2.1    You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2    Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3    We may refuse to accept an order:
(a)    where goods are not available;
(b)    where we cannot obtain authorisation for your payment;
(c)    if there has been a pricing or product description error; or
(d)   if you do not meet any eligibility criteria set out in our terms and conditions.
 
2.4 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
 
3.    PRICING
 
3.1    All prices exclude VAT (where applicable).
3.2    Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3  Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
3.4  After the order is received the Supplier shall confirm by email or telephone the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
3.5 Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
 3.6 Our prices are reviewed periodically on a monthly basis.
 
 
4.     CANCELLATION AND RETURNS POLICY
 
4.1    If you wish to cancel your order:
(a)    you can notify us by email to thebutchers@dartsfarm.co.uk before we have dispatched the goods to you. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
 or
(b)    where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2    You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
4.3    Upon receipt of the goods we will give you a full refund of the amount paid within 28 days or an exchange credit as required.
4.4    The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -
                in the event that the product has been used
                to any products that by their nature have a limited lifespan (fresh foods)
               The provisions of this clause 4.4 do not affect your statutory rights.
 
4.5  Where a claim of defect or damage is made, the Goods have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.
4.6 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
 
5. AGE OF CONSENT
5.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
5.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
 
6. DELIVERY
6.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.2 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
 
6.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
6.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
 
7. PERFORMANCE OF SERVICES
7.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
 
8. RIGHTS OF SUPPLIER
8.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
8.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
 
9. LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
 
10. WAIVER
 
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
 
11. FORCE MAJEURE
 
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
 
12. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
 
13. CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
 
14.    LICENCE
14.1    You are permitted to print and download extracts from this Website for your own use on the following basis:
(a)    no documents or related graphics on this Website are modified in any way;
(b)    no graphics on this Website are used separately from accompanying text; and
(c)    any of our copyright and trade mark notices and this permission notice appear in all copies. 
14.2    Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 14.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. 
14.3    Subject to clause 14.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 
14.4    Any rights not expressly granted in these terms are reserved. 
 
15.    SERVICE ACCESS
15.1    While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. 
15.2    Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 
 
16.    VISITOR MATERIAL AND CONDUCT
16.1    Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 
16.2    You are prohibited from posting or transmitting to or from this Website any material:
(a)    that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b)    for which you have not obtained all necessary licences and/or approvals;
(c)    which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d)    which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
16.3    You may not misuse the Website (including, without limitation, by hacking). 
16.4    We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 16.2 or 16.3.
 
17.    LINKS TO AND FROM OTHER WEBSITES
17.1    Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
17.2    If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a)    You do not remove, distort or otherwise alter the size or appearance of the Gerald David and Family logo;
(b)    You do not create a frame or any other browser or border environment around this Website;
(c)    You do not in any way imply that we are endorsing any products or services other than our own;
(d)    You do not misrepresent your relationship with us nor present any other false information about us;
(e)    You do not otherwise use any of The Butchers at Darts Farm trade marks displayed on this Website without our express written permission;
(f)    You do not link from a website that is not owned by you; and
(g)    Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted for breach of these terms and to take any action we deem appropriate.
17.3    You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 17.2.
 
18.    REGISTRATION
18.1    To register with www.thebutchersatdartsfarm.co.uk you must be over eighteen years of age.
18.2    Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
18.3    Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
18.4    We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. 
 
19.    DISCLAIMER
19.1    While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such materials.
19.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
19.3 The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
19.4    The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. 
 
20.    LIABILITY
20.1    We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. 
20.2    Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
20.3    If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 
20.4    You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
 
21.    GOVERNING LAW AND JURISDICTION
21.1    These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
21.2    We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
 
22.    MISCELLANEOUS
 
22.1    You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
22.2    If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
22.3    Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
 
TERMS AND CONDITIONS OF IMAGES AND PHOTOGRAPHY
 
© The Butchers at Darts Farm reserves all Copyright in photographs and print provided in this Web and otherwise as produced. Any infringement,  and The Butchers at Darts Farm reserve the right to raise legal proceedings to protect its commercial interests.

About Darts Farm

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