Terms and Conditions

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(1) Introduction 
Please read these terms of sale carefully. 
You will be asked to expressly agree to these terms of sale before you place an order for 
products from our website. 
(2) Interpretation 
In these terms of sale, “we” means Snowdonia Cheese Company (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 take the 
following steps: (i) you must add any the products you wish to purchase to your 
shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you 
must then create an account with us and log in; if you are an existing customer, you 
must enter your login details; (iii) once you are logged in, you must select your 
preferred method of delivery and confirm your order and your consent to these terms of 
sale; (iv) you will be transferred to the Payment website, and they will handle your 
payment; (v) we will then send you an initial acknowledgment; and (vi) once we have 
checked whether we are able to meet your order, we will either send you an order 
confirmation (at which point your order will become a binding contract) or we will 
confirm by email that we are unable to meet your order.”] 
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 by reviewing the contents of your basket at the checkout. 
You may correct those input errors before placing your order by amending the basket 
and then updating it. 
(4) The products 
All our products are listed on the page titled “Our products”. 
(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 in the shopping basket. In addition to the price of the products, you will/may have to pay a delivery charge, 
which will be as stated when you pay for the product. 
Payment must be made upon the submission of your order. 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. 
The prices on the website include all value added taxes (where applicable). 
Payment for all products must be made by an online payment. 
Prices for products are liable to change at any time, but changes will not affect contracts 
which have come into force. 
[If you are a business customer, then from time to time we may agree to open an 
account for you, enabling you to pay in arrears. Where you hold an account, then upon 
or following the dispatch of products, we will send to you an invoice for payment of the 
price of those products, and you will pay such invoice within 30 days of the date of the 
invoice. Accounts will be subject to such credit limits as we may notify to you from time 
to time. If you do not pay any amount properly due to us under or in connection with 
these terms of sale on time, we may: charge you interest on the overdue amount at the 
rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which 
interest will accrue daily until the date of actual payment, be compounded quarterly, and 
be payable on demand); or claim interest and statutory compensation from you pursuant 
to the Late Payment of Commercial Debts (Interest) Act 1998.] 
(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 
(c) you will be able to accept delivery of the products. 
(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 
seven days of the date of our order confirmation. However, we cannot guarantee 
delivery by the relevant date. We do however guarantee that unless there are 
exceptional circumstances all deliveries of products will be dispatched within 30 days of 
the later of receipt of payment and the date of our order confirmation. 
We will only deliver products within England and Wales. 
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products 
will only pass to you upon the later of: (a) delivery of the products; and 
(b) receipt by us of full payment of all sums due in respect of the products (including 
delivery charges). 
Until ownership of the products has passed to you, you will possess the products as our 
fiduciary agent and bailee, and if you are a business customer you must store the 
products separately from other goods and ensure that the products are clearly 
identifiable as belonging to us. 
We will be entitled to recover payment for the products even where ownership has not 
passed to you. 
(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]. 
You may cancel a contract to purchase a product or products at any time within 7 
working days after the day you received the relevant products or products (subject to 
the limitations set out below). 
If you cancel a contract on this basis, you must inform us in writing and return the 
products to us immediately, in the same condition in which you received them. Products 
returned by you in accordance with this Section will be refunded in full (including the 
cost of sending the products to you). However, you will be responsible for paying the 
cost of returning the product to us. 
If you cancel a contract on this basis and you do not return to 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 
Nothing in these terms of sale affects any statutory rights you may have as a consumer. 
(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: 
(a) conform in all material respects to any applicable specification of such products 
[published on our website / issued by us]; and 
(b) be free from material defects in materials and workmanship for a period of [1 
year] from the date of delivery of the products. 
These terms of sale set out the full extent of our obligations and liabilities in respect of 
the products supplied to business customers hereunder. To the maximum extent 
permitted by applicable law and subject to the first paragraph of Section [15], all 
conditions, warranties or other terms concerning the products which might otherwise be 
implied into a contract with a business customer under these terms of sale are expressly 
excluded. 
(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. 
Where you return products to us in accordance with the provisions of this Section, and in 
our reasonable opinion those products do not conform with the warranties set out in 
Section [11], then you will be entitled to replacement products (where replacements are 
available) or, where we agree, a refund of the price paid in respect of those products 
(including all delivery charges). 
(13) Refunds 
If you cancel a contract and are entitled to a refund, we will usually refund any money 
received from you using the same method originally used by you to pay for your 
purchase. We will process the refund due to you as soon as possible and, in any event, 
within 30 days of the day we received your valid notice of cancellation. 
(14) Force majeure 
In this Section and Section [15] below, “force majeure event” means: 
(a) any event which is beyond our reasonable control; 
(b) the unavailability of raw materials, components or products; and/or 
(c) power failure, industrial disputes affecting any third party, governmental 
regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. 
Where a force majeure event gives rise to a failure or delay in us performing our 
obligations under these terms of sale, those obligations will be suspended for the 
duration of the force majeure event. 
If we become aware of a force majeure event which gives rise to, or which is likely to 
give rise to, any failure or delay in us performing our obligations under these terms of 
sale, we will notify you forthwith. 
We will take reasonable steps to mitigate the effects of the any force majeure event. 
(15) Limitations of liability 
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or 
personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) 
any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, 
liability. 
Subject to this: 
(a) we will not be liable for any losses arising out of a force majeure event; 
(b) we will not be liable in respect of any defect in the products arising from fair wear 
and tear, wilful damage, accident, negligence by you or a third party, use 
otherwise than in accordance with the manufacturer's or our instructions or 
recommendations, or any alteration carried out by you or any third party; and (c) if you are a business customer: (i) our liability in connection with any product 
purchased through our website is strictly limited to [the higher of the purchase 
price of the relevant product and the replacement cost of the relevant product]; 
and (ii) we will not be liable for any loss of income or revenue, loss of business, 
loss of profits or contracts, loss of anticipated savings, loss of data or waste of 
management or office time, or loss of goodwill or reputational damage. 
(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 use 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: 
(a) you cease to trade; 
(b) you become insolvent or unable to pay your debts within the meaning of the 
insolvency legislation applicable to you; 
(c) a person (including the holder of a charge or other security interest) is appointed 
to manage or take control of the whole or part of your business or assets, or 
notice of an intention to appoint such a person is given or documents relating to 
such an appointment are filed with any court; 
(d) the ability of your creditors to take any action to enforce their debts is 
suspended, restricted or prevented or some or all of that your creditors accept, 
by agreement or pursuant to a court order, an amount of less than the sums 
owing to them in satisfaction of those sums; or 
(e) any process is instituted which could lead to you being dissolved and your assets 
being distributed to your creditors, shareholders or other contributors (other than 
for the purposes of solvent amalgamation or reconstruction). 
(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; 
(b) you will continue to have an obligation where applicable to pay for products which 
have been delivered at the date of cancellation (without prejudice to any right we 
may have to recover the products); and 
(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have 
effect indefinitely. 
(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. 
(20) General terms 
Images of products on our website are for illustrative purposes; actual products may 
differ from such images. 
We will treat all your personal information that we collect in connection with your order 
in accordance with the terms of [our privacy policy]; use of our website will be subject to 
[our website terms of use]. 
Contracts under these terms of sale may only be varied by an instrument in writing 
signed by both you and us. We may revise these terms of sale from time-to-time, but 
such revisions will not affect the terms of any contracts which we have entered into with 
you. 
If any provision of these terms of sale is held invalid or unenforceable by a court of 
competent jurisdiction, the remaining provisions will remain in full force and effect, and 
such invalid or unenforceable provisions or portion thereof will be deemed omitted. 
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in 
any one or more instances, will be deemed to be, or be construed as, a further or 
continuing waiver of that provision or any other provision of these terms of sale. 
You may not assign, charge, sub-contract or otherwise transfer any of your rights or 
obligations arising under these terms of sale. Any attempt by you to do so will be null 
and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or 
obligations arising under these terms of sale, at any time – providing where you are a 
consumer that such action does not serve to reduce the guarantees benefiting you under 
these terms of sale. 
Each contract under these terms of sale is made for the benefit of the parties to it and is 
not intended to benefit, or be enforceable by, any other person. The right of the parties 
to terminate, rescind, or agree any amendment, variation, waiver or settlement under 
such contracts is not subject to the consent of any person who is not a party to the 
relevant contract. 
Subject to the first paragraph of Section [15]: these terms of sale contain the entire 
agreement and understanding of the parties in relation to the purchase of products from 
our website, and supersede all previous agreements and understandings between the 
parties in relation to the purchase of products from our website; and each party 
acknowledges that no representations not expressly contained in these terms of sale 
have been made by or on behalf of the other party in relation to the purchase of 
products from our website. 
These terms of sale will be governed by and construed in accordance with English law, 
and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate 
any dispute arising under or in relation to these terms of sale. (21) About us 
Our full name is Snowdonia Cheese Company Limited. 
Our registered office is Unit 14, Cefndy Road Employment Park, Rhyl, LL18 2HJ and our 
principal trading address is the same. 
Our company registration number is 4171512. 
Our email address is info@snowdonia-cheese.co.uk. 
Our VAT number is 771 3513 39

 

 WEBSITE TERMS AND CONDITIONS

 

 

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Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Lymn Bank Farm's use of cookies in accordance with the terms of Lymn Bank Farm's privacy policy.

 

License to use website

 

Unless otherwise stated, Lymn Bank Farm and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pagesfrom the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

·         republish material from this website (including republication on another website);

·         sell, rent or sub-license material from the website;

·         show any material from the website in public;

·         reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

·         [edit or otherwise modify any material on the website; or]

·         [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 

Where content is specifically made available for redistribution, it may only be redistributed within Lymn Bank Farm.

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Lymn Bank Farm’s express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

 

 

Restricted access

 

Access to certain areas of this website is restricted and Lymn Bank Farm reserves the right to restrict access to  areas of this website, or indeed this entire website, at Lymn Bank Farm’s discretion.

 

If Lymn Bank Farm provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

Lymn Bank Farm may disable your user ID and password in Lymn Bank Farm’s sole discretion without notice or explanation.

 

 

 

 

 

 

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Lymn Bank Farm makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Lymn Bank Farm does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

 

Limitations of liability

 

Lymn Bank Farm will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  [to the extent that the website is provided free-of-charge, for any direct loss;

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Lymn Bank Farm has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Lymn Bank Farm liability in respect of any:

 

l  death or personal injury caused by Lymn Bank farm negligence;

l  fraud or fraudulent misrepresentation on the part of Lymn Bank Farm ; or

l  matter which it would be illegal or unlawful for Lymn Bank Farm to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

 You agree that you will not bring any claim personally against Lymn Bank Farm officers or employees in respect of any losses you suffer in connection with the website.]

 

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Lymn Bank Farm officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Lymn Bank Farm.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Lymn Bank Farm and undertake to keep Lymn Bank Farm indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Lymn Bank Farm to a third party in settlement of a claim or dispute on the advice of Lymn Bank Farm legal advisers) incurred or suffered by Lymn Bank Farm arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to Lymn Bank Farm other rights under these terms and conditions, if you breach these terms and conditions in any way, Lymn Bank Farm may take such action as Lymn Bank Farm deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

Lymn Bank Farm may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Lymn Bank Farm may transfer, sub-contract or otherwise deal with Lymn Bank Farm rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and Lymn Bank Farm in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

[NAME'S] details

 

The full name of Lymn Bank Farm is Lymn Bank Farm.

 

Lymn Bank Farm is registered in the UK under registration number 8433609 

 

Lymn Bank Farm registered address is

Lymn Bank farm

Lymn Bank east

Thorpe St peter

Lincolnshire

PE24 4PJ

 

You can contact Gemma Sisson by email to info@postacheese.com

 

Credit

 

 

This document was created using a Contractology template available at http://www.freenetlaw.com