Terms and Conditions
The following terms and conditions govern the use of this website. By accessing, browsing and/or using our website you agree these terms and you agree to use the site in accordance with all applicable laws. If you do not agree you must cease to use this website.
1. Disclaimer
1.1. Whilst we have made every endeavour to ensure that any information provided on this website is accurate and up to date, it should be noted that the contents, products and services available on this website are provided on an "as is" and "as available" basis.
1.2. The Local Food Company does not guarantee that the information contained in this website is accurate, comprehensive, verified, complete or error free. We will attempt to rectify any faults or changes that are reported to us as soon as is practicable in order to keep it as up to date as possible.
1.3. We cannot make any guarantee that this website will meet your requirements or that access will be uninterrupted.
1.4. We will not be responsible or liable to you for any loss of revenue, profit, business, content or material uploaded or transmitted through The Local Food Company website.
1.5. We will collect process, store, and transfer your personal data in compliance with the relevant EU and UK data protection legislation and regulations but our liability for any loss or damage to that information will be limited by the relevant legislation.
1.6. Nothing in these terms and conditions will limit the legal liabilities of The Local Food Company in respect of any products sold through this website.
1.7. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees.
1.8. Whilst we provide links to other websites on our web pages, we will accept no liability for the content of those sites, which are out of our control.
2. Registration
2.1. To enable you to order from our website you will first need to register with us. To do this you must be over eighteen years of age.
2.2. All of the information that you supply must be correct and you should inform us as soon as practicable should any details change.
2.3. The information we hold on our database is not sold for commercial gain and is governed by a strict privacy policy which is outlined in these terms.
2.4. Once an order or account has been set up, confirmation of your details and a link to these terms and Conditions will be sent to you. You are advised to print a copy of this document for your records.
2.5 When you register you agree to allow us to send you communications regarding any order or potential order, offers and company updates from time to time. If you do not wish for us to send this information, please let us know by sending us an email or unsubscribing from any communication we make with you by emailing u n s u b s c r i b e @ t h e l o c a l f o o d c o m p a n y . c o . u k (no gaps) and stating the name and email address you registered with.
3. Password and security
3.1. Once you have completed registration you will be prompted to enter a password. As with all passwords, you are advised not to disclose this to others. You will be responsible for all orders that are generated through your account and will be held liable for the payment of all such orders, unless there is a legitimate fraudulent use of your card which you have reported to your bank. If you think that someone else may have access to your account, please inform us immediately and change your password. If you place an order and later wish to cancel see below.
3.2. This web site is provided to the general public for online shopping and informational purposes only. Any conduct which falls outside the purpose of the web site will not be considered acceptable. The Local Food Company reserves the right to terminate registered user accounts, block users, and to initiate actions which are necessary to protect the normal functioning of this web site. In addition, if we believe that there may be a breach of security to our site, you may be required to change your password.
4. Ordering
4.1. Orders will normally be submitted via the internet and the facility exists within the website for reviewing and changing the order prior to submission. Payment will be taken at submission of order.
4.2. No order is accepted from you until we confirm this in writing or by delivering the products. The contract for us to sell you the products arises on our acceptance of your order.
4.3. Once we have accepted your order we will do all that we can to ensure that it is delivered in full. However, due to circumstances beyond our control it may happen that items are unavailable at the time of delivery. This can be because of seasonality or supplier stock and production. In this event we will endeavour to make sure that you are not charged or that a refund is made. On occassion, we make or offer a suitable substitution. We cannot bear liability for the unavailability of any items. Should you not wish to receive or accept substitutions please email us and we will not send one or arrange for it to be returned if already dispatched.
4.4. Where goods are priced by weight, these weights are guides and the weight of the item that you receive could vary from the stated weight by up to 10%.
4.5. Due to the nature of some of our goods, there may be changes in price from week to week but The Local Food Company will endeavour to keep the website abreast of these changes. In rare circumstances where the price of food may substantially increase due to weather or other conditions such as world wide or regional food price increases, The Local Food Company reserve the right to charge this extra increase where deliveries are more than 7 days from placing orders and offer the chance to cancel your order should you not wish to proceed.
4.6. All alcohol sales must be made by those over 18 years of age. You must confirm at payment you are over 18 and payment for any order containing alcohol must be made using a credit (rather than a debit) card to give proof of age. When ordering alcohol you accept the responsibility for it once it has left the driver's authority i.e. when it is left on or in your property or left according to your instructions.
4.7. If at any time, we or those authorised by us to deliver your order, when it contains alcohol, believe that it has been purchased by an under 18 we will seek further ID and proof that it has been purchased by someone over 18. It is illegal for us to sell alcohol to those under 18 years of age and illegal for a person under 18 to purchase alcohol. We may therefore call or take delivery away for redelivery. Please understand that we take our licensing duties very seriously.
4.8 When an order is first placed we endeavour to contact each individual at the end of the month they ordered with an offer for a text or email reminder to order.
5. Payment
5.1. Payment will normally be via Protx, an approved payment gateway provider over a secure link, by credit or debit card. The Local Food Company reserves the right to change our provider.
5.2. At the time of payment you will be required to present details of a valid card. These details will be passed securely by Protx to our merchant bank, Nat West Streamline, who processes payment.
5.3. The option is available for payment to be taken via telephone, fax or post. Please call for details.
5.4. No details of cards will be kept on record by us; we will immediately shred any details given to us over the phone once payment has been processed. For repeat orders, we will keep details securely with your permission or you can pay by BACS each week. We will send you an email to remind you of the placement of a repeat order and of the need to pay if you do not wish us to process repeat payments.
5.5 From time to time you may wish to add something to your order after having made payment. For orders under £15.00 we will normally ask for a BACS payment within 7 days to help keep bank charge costs and prices low. If payment is not received in 7 days of your order or receiving your order we reserve the right to add an additional 10% each week to your order as a penalty for late payment and extra costs incurred of pursuing the payment. Please pay promptly.
5.6 Some cards require 3D secure authentication which is a nationwide scheme similar to chip and pin for online transactions. Unless your correct pin is entered, the transaction may decline. Call us if you are unsure.
Cancellations
5.7. Once payment has been made, a contract is in place and should you need to cancel the order this may be done by e mail, fax or phone. The cancellation of an order is not effective until such cancellation is confirmed by partners.
5.8 Due to the perishable nature of much of our goods, cancellation of an order must be at least 3 full working days prior to delivery. You may telephone to discuss these deadlines. Any payments you have made for orders which have been properly cancelled will be re-credited to you.
5.9 Notwithstanding this, if fraudulent use is made of your card, then cancellation may be at any time prior to delivery. Once payment has been made you will need to seek repayment from your card issuer if goods have been delivered already.
6. Delivery
6.1. It is the responsibility of the client to ensure that delivery instructions are clear and concise. Once delivered according to instructions, The Local Food Company will accept no responsibility for any subsequent loss or damage. Compensation may only be offered in very exceptional circumstances at our discretion.
6.2 If a correctly packaged and delivered parcel, in good order is refused by someone, we will not make any compensation for any further late delivery, problems or for any further charges incurred with any subsequent re-delivery.
6.3 The Local Food Company will make refunds for defective products which are not fit for consumption by BACS or cheque to the purchaser within 30 days.
6.4. We reserve the right to refuse to accept an order from any customer; consideration of delivery difficulties or other problems which may give rise to such a refusal.
6.5. Whilst every effort will be made to ensure that deliveries are made on the appropriate day, at the agreed time, certain events beyond the control of The Local Food Company, such as vehicle breakdowns, adverse weather, traffic jams or supplier failure, may prevent this from happening. We will endeavour to call customers on contact numbers held by us, to minimise your inconvenience but we cannot accept any liability for any inconvenience caused.
6.6. We reserve the right to change our delivery days by giving prior notice on our website in the news section and in our e-newsletters.
6.7. Where goods are not delivered when expected, the customer should inform The Local Food Company on the same day and not later than the next day by 10 a.m.
6.8. Should a box arrive in a state which indicates it has been crushed or broken, customers should not sign or accept the box. They should call us immediately so we can resolve the problem. If customers have signed for orders which appear fit for sale on the outside but discover damage inside or something has been left secure, customers should PLEASE EMAIL US PHOTOGRAPHS so we can pursue a claim with our couriers. They should inform us immediately.
6.9 The Local Food Company will offer a refund for damaged items where photographic or other evidence is sent by making refund payment by BACS to your account, to keep bank charges and costs to a minimum. Any eggs, fragile cakes, soft fruit or soft berries are excluded from this clause and are not to be purchased for national orders.
6.10 Delivery charges are posted on the site and include carbon offsetting. The charge for Saturday and deliveries to Scottish Highlands and those requiring a journey over sea will attract a surcharge. We only deliver overseas, in exceptional circumstances where customers take out transport insurance with their delivery charge.
7. Use of Forum and blog
7.1. The forum may not be used for:
7.1.1. Any material which infringes the rights of any person or which is unlawful in any way.
7.1.2. Any unauthorised advertising, promotions, "junk mail" or "spam".
7.1.3. Any viruses or any other files or programs designed to damage or hinder in any way the integrity of any computer software or hardware.
7.2. The forum may not be used:
7.2.1. In any way that may be construed as abusive, discriminatory, defamatory or obscene.
7.2.2. In any way that may cause distress or harassment.
7.2.3. In any way that alters any trade marking found on the site.
7.2.4. To create any form of a database.
8. Intellectual property
8.1. The copyright in the content contained in this website belongs to The Local Food Company and in some cases by those employed on our behalf. The content on this website may not be used for any commercial purpose without our prior written permission. The content on this website is protected by copyright and may not be reproduced or appropriated in any manner without the written permission of its respective owner(s).
8.2. The images, logos and names on this website which identify The Local Food Company are proprietary marks of The Local Food Company. All rights are reserved.
9. Privacy
9.1 The Local Food Company will not pass on any customer details, without permission, except and unless we are so required to do so by law or to process payment for your order. We strongly believe the customer’s right to privacy and will only retain necessary details on our system, which is safeguarded against unauthorised access.
9.2 Visitors to The Local Food Company website can do so without the need to divulge any details but to enable you to become a customer it is necessary to register with us and share some basic information. Most of our customers register with us on line though we do offer the facility for you to register by post with your first order if you prefer.
9.3 If we should have any difficulty with your order, for instance an item is out of stock, or we have a problem with delivery, then we may have to contact you. Unless you have indicated otherwise, this will normally be by telephone but we may also contact you via email.
9.4 We may also contact web customers by email to give advice of special offers and include an easy link back to our site. You can inform us that you do not wish to receive this service at any time by unsubscribing on a link which will also be available.
9.5 If for any reason you cease to shop with us for a time, we will maintain your name on our database and may continue to send email newsletters for a period of time for your information. If you reply that you do not wish to receive any further contact from us, then we will remove you from our database.
9.6 The Local Food Company will not contact you asking you to confirm your card details by email. It may be necessary for us to phone you. We will always quote you your password from our site if you are suspicious.
9.7 Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart and orders placed. A cookie can be thought of as your online ID card, which tells our site when you return to save time. Cookies are not computer programs and cannot read other information saved on your hard drive. They cannot be used to spread viruses or get any email addresses or other information from your computer.
9.8 Be assured that The Local Food Company will not contact you for any reason other than to administer your order if this is your preference.
10. Links
10.1 We provide links to other websites that we feel might be of interest to our customers but as soon as you leave our website we can no longer be responsible for the content or the manner in which you make use of the web pages you visit.
11. Miscellaneous
11.1. If any part of these terms and conditions is found to be un-enforceable it will not affect the enforceability of the remainder of the terms and conditions.
11.2. The Local Food Company will not be held liable for any delay to, or any failure to carry out, any of our obligations if the cause of such delay or failure to carry out is due to any failure or difficulties of our suppliers.
11.3. Any part of these terms and conditions may be changed, added to or deleted by The Local Food Company. Notification of any alteration will appear on our website and the changes will take effect after this notice has been given. Your continued use of this website is indication of your acceptance of the altered terms and conditions. If you do not wish to be bound by any changes, you must cease to use the website.
11.4. The Data Protection Act 1998 ensures that any personal data held must be processed lawfully, it must be accurate, relevant and not unduly excessive, it must be kept securely and it should be kept for the minimum length of time. You have the right to view any information kept on you by others and to correct any inaccuracies. We respect and abide by the data protection requirements.
11.5. Partners: Nick Toms and family. Business addresses: Country Man's Choice Farmshop, Cadleigh Park, Ivybridge, Devon. Telephone: 01392 248485. Email: enquiries@thelocalfoodcompany.co.uk VAT number 143847651.
