TERMS AND CONDITIONS

We offer delivery within 3 working days,however if you require a specific date for delivery please let us know before ordering.

Refunds available through the farm shop, just phone up 01293 851 111.

Full Terms

(1) Introduction

Please read these terms of sale carefully.

You must agree[1] to these terms of sale before you place an order for products from our website.

(2) Interpretation

In these terms of sale, “we” means Holmbush Farm (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to add the desired products to your Cart, and then click “Checkout”.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order.

(4) The products

Seasoned hardwood logs

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a surplus delivery charge, which will be as stated when you state the delivery address postcode.

Payment must be made upon the submission of your order if paying online, or upon delivery if cash on delivery option is chosten. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

….

(7) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 2 days of the date of our order confirmation.

(8) Risk and ownership

(9) Consumers: returns policy

This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section [12].

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(10) Consumers: statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

(11) Business customers: limitation of warranties

This Section applies only to business customers, not consumers.

We warrant to business customers that the products purchased from our website will
conform in all material respects to any applicable specification of such products
published on our website

(12) Business customers: returns policy

This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section [9].

Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

(13) Refunds

Refunds cannot be issued after delivery has been accepted. To discuss refunds please contact Holmbush Farm Shop.

(14) Force majeure

(15) Limitations and exclusions of liability

(16) Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(17) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(18) Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [17]:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(19) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

[1] It is important to ensure that the terms and conditions are properly accepted by the customer. The terms must be brought to the attention of the customer before he or she has committed to a purchase. However, simply including a link to the terms from the purchase page may not be sufficient to ensure that they are incorporated into the contract. You should also get some kind of formal acceptance of the terms. There are several ways of getting a customer’s formal acceptance of the terms of sale: (i) you can require the customer to click on a button marked “I Agree” at the end of an electronic copy of the terms of sale; (ii) you can require the customer to tick the check box on the order form, marked with the words “I Agree to the terms of sale” (or something similar); (iii) you can include text such as “By clicking “Continue” you agree to our terms of sale” on one of the order form pages. Number (i) is better than number (ii), and number (ii) better than number (iii). Whatever method you choose, you should ensure that you retain evidence (e.g. a database entry) that each customer has agreed to the terms of sale. Agreement should be given at the point of order (not just at the point of customer registration).