Terms and Conditions

Business to consumer - Online terms and conditions between Farmbits Direct Ltd and consumers for the sale of goods

 

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

 

General terms and conditions

 

This site is owned and operated by Farmbits Direct Ltd of Ayton Road, Wymondham, NR18 0QH. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@farmbits.co.uk or 01953 606668

 

1.    The contract between us

 

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

 

2.    Acknowledgement of your order

 

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

 

3.    Ownership of rights

 

All rights, including copyright, in this website are owned by or licensed to [insert your business name]. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

4.    Accuracy of content

 

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

 

5.    Damage to your computer

 

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

6.    Availability

 

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

 

7.    Ordering errors

 

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

 

8.    Price

 

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

 

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

 

9.    Payment terms

 

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

 

10.    Delivery charges

 

Delivery charges vary according to the type of goods ordered.

 

11.    Delivery

 

11.1    Our delivery charges are set out with eash product in our website. If no delivery charge is shown then the all items are by default as "collection only".

 

[11.2    You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.]

 

[11.3    Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.]

 

11.4    We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

 

11.5    You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

12.    Risk and ownership

 

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

13.    Cancellation rights

 

13.1    Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

 

13.2    Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

 

13.3    You cannot cancel your contract if the goods you have ordered are bespoke or a “special order” - materials not usually stocked and ordered specially for you (or made to order), newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

 

13.4    If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

 

13.5    Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

 

13.6    We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)

 

14.    Cancellation by us

 

14.1    We reserve the right not to process your order if:

 

14.1.1    We have insufficient stock to deliver the goods you have ordered;

14.1.2    We do not deliver to your area; or

14.1.3    One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

 

14.2    If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

 

15.    If there is a problem with the goods

 

15.1    If you have any questions or complaints about the goods please contact us. You can do so at info@farmbits.co.uk or telephone 01953 606668.

 

15.2    We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

 

15.3    If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.

 

16.    Liability

 

16.1    Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

 

16.2    We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

 

16.3    Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

 

16.4    You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 

16.5    Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

 

17.    Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Farmbits Direct Ltd, Ayton Road, Wymondham, Norfolk, NR18 0QH and all notices from us to you will be displayed on our website from time to time.

 

18.    Changes to legal notices

 

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

19.    Law, jurisdiction and language

 

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

20.    Invalidity

 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

21.    Privacy

 

You acknowledge and agree to be bound by the terms of our privacy policy.

22.    Third party rights

 

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 

23.    Other important terms

 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.



 

PRIVACY STATEMENT

 

Farmbits Direct Ltd are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.

 

Data Protection Act 1998 (‘the Act’)

 

We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.

 

Use and collection of personal information

 

In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.

 

We may use information that you provide:

 

  •     
    To     register you with our website and to administer it.
        

  • For     assessment and analysis, e.g. marketing, customer and product     analysis, to enable us to review, develop and improve our services.
     

 

If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

 

We may disclose your personal information to third parties:

 

  •     
    In     the event we sell or buy any business or assets, in which case we     might disclose your personal data to the prospective buyer or     seller.     
        

  • If     we are under a legal duty to disclose or share your personal data in     order to comply with or meet any legal obligation.     
     

 

Cookies

 

We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.

 

Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.

 

Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.

 

The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.

 

To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

 

If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, or post. Our phone number is 01953 606668 or you can e-mail us at info@farmbits.co.uk

 

Security

 

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.

 

Your rights

 

You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.

 

General

 

You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:

The Data Comtroller, Farmbits Direct Ltd, Ayton Road, Wymondham, Norfolk, NR18 0QH





 

 

 

CANCELLATION FORM

 

To Farmbits Direct Ltd, Ayton Road, Wymondham, Norfolk, NR18 0QH

 

I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:

 

Ordered on*/Received on*:    ……………………………………………….

 

Name of consumer(s):        ……………………………………………….

 

Address of consumer(s):    ……………………………………………….

 

                ……………………………………………….

 

Signature of consumer(s):     ………………………………………………. (only if this form is notified on paper)

 

Date:                ……………………………………………….

 

*Delete as appropriate




 

 

 

General Terms and Conditions of Sale

 

1. DEFINITIONS

 

In these Conditions:-

"Company" means Farm Bits Direct Limited;

"Customer" means the person who contracts with the Company for the

sale of Goods by the Company;

"Contract" means the contract for the sale of Goods by the Company

to the Customer;

"Conditions" means the standard terms and conditions of sale of the

Company set out in

this document and (unless the context otherwise requires) includes

any special terms

and conditions agreed in writing between the Company and the

Customer;

"Goods" means the goods which the Company is to sell under the

Contract upon the

Conditions;

"Contract Price" means the price payable by the Customer for the

Goods inclusive of any increases made pursuant to these Conditions.

 

2. BASIS OF THE SALE

 

The Company shall sell and the Customer shall purchase the Goods in

accordance with any offer of the Company which is accepted by the Customer

or any offer of the Customer which is accepted by the Company subject in

either case to these Conditions which shall govern the Contract to the

exclusion of any other terms and conditions subject to which any such offer

is accepted or purported to be accepted or any such offer is made or

purported to be made by the Customer.

 

3. ORDERS AND SPECIFICATIONS

 

3.1 The quantity quality and description of and any specification for

the Goods shall be those set out in the Company's offer (if accepted by the

Customer) or the Customer's offer (if accepted by the Company).

 

3.2 No offer from either party which has been accepted by the other

party may be cancelled by the Customer except with the agreement in writing

of the Company and on terms that the Customer shall indemnify the Company in

full against all loss (including loss of profit), costs (including the cost

of all labour and material use), damages, charges and expenses incurred by

the Company as a result of cancellation.

 

3.3 The Contract is made subject to the availability of the Goods in

stock and the Company reserves the right to alter the specification of or to

withdraw any or all of the Goods without prior notice to the Customer.

 

4. PRICES

 

4.1 The price of the Goods shall be the Company's quoted price. All

prices quoted are valid for 30 days only or until earlier acceptance by the

Customer after which time they may be altered by the Company without giving

notice to the Customer.

 

4.2 The Company reserves the right by giving notice to the Customer at

any time before delivery of the Goods to increase the price of the Goods to

reflect any increase in the cost to the Company which is due to any factor

beyond the control of the Company, any change in delivery dates for the

Goods and any delay caused by any instructions of the Customer or failure of

the Customer to give the Company adequate information or instructions

 

4.3 Except as otherwise stated under the terms of any quotation and

unless otherwise agreed in writing between the Customer and the Company all

prices are given by the Company on an ex works basis and where the Company

agrees to deliver the Goods otherwise than at the Company's premises the

Customer shall be liable to pay the Company's charges for transport,

packaging and insurance

 

4.4 The price is exclusive of any applicable value added tax which the

Customer shall pay to the Company in addition to the price.

 

5. PAYMENT

 

5.1 All invoices are payable without discount or deduction of any kind

in pounds sterling on the Invoice date unless otherwise agreed by the

Company in writing ("the due date").

 

5.2 Time for payment shall be of the essence of the Contract. If the

Customer fails to pay the invoice price by the due date then, without

prejudice to any other right or remedy available to the Company, the Company

shall be entitled to charge the Customer interest (both before and after any

judgement) on the amount unpaid at the rate of 4% per annum above National

Westminster Bank plc base rate from time to time until payment in full is

made (a part of a month being treated as a full month for the purpose of

calculating interest).

 

6. DELIVERY

 

6.1 Delivery of the Goods shall be made by the Customer or its agent

collecting the Goods at the Company's premises at any time after the Company

has notified the Customer that the Goods are ready for collection unless

alternative arrangements are made (eg delivery by the Company at its current

delivery charge rate).

 

6.2 Any dates quoted for delivery of the Goods are approximate only and

the Company shall not be liable for any delay in delivery of the Goods

howsoever caused.

 

7. TITLE

 

7.1 Upon delivery of the Goods to the Customer or its agent the risk

shall pass but the Goods shall remain the property of the Company until such

time as payment is received by the Company for the Goods and there are no

other amounts outstanding from the Customer to the Company in respect of

other goods supplied by the Company under any other contract. The Customer

acknowledges that until such time he is in possession of the Goods solely as

bailee for the Company and if so required shall store the Goods separately

from his own goods and in such a fashion as to be readily identifiable as

the property of the Company.

 

7.2 Before title has passed to the Customer under the terms of 7.1

hereof and without prejudice to any of its other rights the Company shall be

entitled at any time to require the Customer to deliver up the Goods to the

Company and if the Customer fails to do so forthwith to enter upon any

premises of the Customer or any third party by its servants or agents to

repossess the Goods.

 

8. CLAIMS NOTIFICATION

 

8.1 It is the duty of the Customer to inspect all Goods immediately upon

delivery.

 

8.2 Any claim for non-delivery of any Goods shall be notified by the

Customer to the Company within 14 days of the date of the Company's invoice.

 

8.3 Any claim that Goods are not of the correct quantity or that Goods

do not comply with the Company's offer as accepted by the Customer or the

Customer's offer as accepted by the Company shall be notified by the

Customer to the Company within 48 hours of the delivery of the Goods.

 

8.4 Any claim that any Goods have been delivered damaged or that any

Goods are defective shall be notified in writing by the Customer to the

Company within 3 days of the Goods being delivered or collected which the

Customer agrees are reasonable periods in which to discover such damage and

defects in the Goods.

 

8.5 Any claim under this Condition must be in writing and must contain

full details of the claim.

 

8.6 Any claim made by the Customer under the Contract shall not entitle

the Customer to return the Goods to the Company but rather the Company shall

be afforded reasonable opportunities and facilities to investigate any

claims made under this Condition at the Customer's place of business if it

should so elect. The Customer shall if so requested in writing by the

Company promptly return any Goods which are the subject of any claim

together with any packing securely packed and carriage paid to the Company

for examination and such Goods shall remain at the Customer's risk.

 

8.7 In the event of any examinations or investigation carried out by the

Company on allegedly defective Goods revealing no defect for which the

Company is liable then the Company shall not be liable for damage caused to

or incurred by the Goods as a result of such tests or investigations made by

the Company.

 

8.8 Compliance by the Customer with all the provisions of this condition

8 is a condition precedent to any liability of the Company in respect of the

claim or defect alleged.

 

9. SCOPE OF CONTRACT

 

9.1 Under no circumstances shall the Company have any liability of

whatever kind for:

any defects resulting from wear and tear, accident, improper use by

the Customer or any third party, storage of the Goods by the Customer

otherwise than in accordance with the instructions or advice of the Company

or the supplier or manufacturer of the Goods, neglect or from any

instructions or materials provided by the Customer;

 

9.2 Goods which have been adjusted, altered, modified, repaired or had

other work carried out otherwise than by the Company;

 

9.3 the suitability of the Goods for use under specific conditions

whether or not the conditions were known or communicated to the Company

although advice provided at the request of the Customer is given to the best

of the Company's knowledge and on the basis of its research and experience;

 

9.4 any information, recommendations, statements or advice furnished by

the Company its servants or agents not given in writing in response to a

specific written request from the Customer before the Contract is made.

 

10. EXTENT OF LIABILITY

 

10.1 The Company shall have no liability to the Customer (other than

liability for death or personal injury resulting from the Company's

negligence) for any loss or damage of any nature arising from any breach of

any express or implied warranty or condition of the Contract or any

negligence breach of statutory or other duty on the part of the Company or

in any other way out of or in connection with the performance or purported

performance of or failure to perform the Contract except in accordance with

this Condition.

 

10.2 Subject to the Customer complying with the provisions of condition 8

hereof if the Customer establishes that any Goods have not been delivered,

have been delivered damaged, are not of the correct quantity or the Goods do

not comply with the offer for the Goods or are defective the Company shall

at its option replace with similar goods any Goods which are missing, lost

or damaged or do not comply with the said offer or allow the Customer credit

for their invoice value or repair any damaged Goods.

 

10.3 The delivery of any repaired or replacement Goods shall be at the

Company's premises or other delivery point specified for the original Goods.

 

10.4 Under no circumstances shall the Company be liable for any claim

made by the Customer for consequential or economic loss or damage.

 

10.5 Under no circumstances (other than liability for death or personal

injury resulting from the Company's negligence) shall the liability of the

Company to the Customer exceed the invoice value of the Goods.

 

11. GENERAL

 

11.1 The Contract is between the Company and the Customer as principals

and shall not be assignable by the Customer without the express written

consent of the Company.

 

11.2 The Company shall have a lien on all the Customer's property

including any Goods in the Company's possession for all sums due at any time

from the Customer and shall be entitled to use sell or dispose of that

property as agent for and at the expense of the Customer and apply the

proceeds in and towards the payment of such sums on 28 days' notice in

writing to the Customer. Upon accounting to the Customer for any balance

remaining after payment of any sums due to the Company and the costs of sale

or disposal the Company shall be discharged of any liability in respect of

the Customer's property.

 

12. FORCE MAJEURE

 

The Company shall not be liable for any failure in the performance

of any of its obligations under the Contract caused by factors outside its

control.

 

13. NOTICES

 

Any notice to be given under the Contract shall be in writing and

telexed sent by facsimile transmission or forwarded by first class prepaid

letter post to the receiving party at its business address as last notified

in writing to the other party and shall be deemed to have been given on the

date of the telex or facsimile transmission or on the day following that on

which the transmission or on the day following that on which the notice was

posted

 

14. LAW AND CONSTRUCTION

 

14.1 The Contract shall be governed by English law and the Customer

consents to the exclusive jurisdiction of the English courts in all

matters regarding the Contract except to the extent that the Company invokes

the jurisdiction of the courts of any other country.

 

14.2 If any part of these Conditions be found to be unreasonable invalid

or unlawful under any enactment or rule of law pertaining thereto the Court

or other competent tribunal shall have the power to strike out or override

that part whether it be an entire condition or conditions or some part or

parts thereof and enforce these Conditions as if the unreasonable invalid or

unlawful part or parts aforesaid had not been included.

15. DATA PROTECTION. The Company may carry out a search through a credit reference agency or make enquiries about the Directors or Owners of the

 

Customer.  A record of our search will be kept.  Information on the

credit performance of the customer will be maintained and may

 

be made available to other organisations to assess the customer’s credit worthiness.

16.      Where payment in full in respect of any consignment is not made

on or before the due date the Company shall have the right

 

to retain any further Goods which may be due for delivery until such time as all outstanding amounts are paid in full together

 

with such amounts as the Company in its discretion may request on account of the value of the Goods awaiting delivery



 

17.      Payment shall become due immediately upon the occurrence of any of the following:-

 

[i]     the commission of any act of bankruptcy by the Customer

 

[ii]    the appointment of any receiver of the Customer

 

[iii]   the commencement of any proceedings for the winding up of the          Customer

 

[iv]    the giving of notice of intention to move a resolution that the customer be wound up

 

[v]     the presentation of a petition for an Administration Order in respect of the Buyer

 

[vi]    the making of a proposal for a composition in satisfaction of the Customer’s debts or for a scheme of arrangement of the

 

Customer’s affairs.