Terms and Conditions
This page tells you the terms and conditions on which we will supply to you the products (Products) listed on our website newforestmarque.co.uk(our site) via one of our subscription services (Services). Please read these Terms and Conditions (T&Cs) carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions.
You should print a copy of these terms and conditions for future reference
1. INFORMATION ABOUT US
1.1 We operate the website newforestmarque.co.uk. We are New Forest produce Ltd, with our registered office and trading address at Lymington Town Hall, Avenue Road, Lymington, Hampshire, SO41 9ZG.
2. SERVICE AVAILABILITY
2.1 We accept orders currently from all the New Forest region.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Our acceptance of your order is indicated by us sending to you the order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between The New Forest Marque and you.
4.2 The subscription plan to our Services consists of a recurring period charge as agreed by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. newforestmarque.co.uk may submit periodic charges (e.g., quarterly) without further authorisation from you until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before newforestmarque.co.uk reasonably could act. To terminate your authorisation or change your payment method, log into to your customer account and edit through the ‘CANCEL’ link.
4.3 By subscribing to newforestmarque.co.uk you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with 4.5 below. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4.4 Auto-renewal. Following your initial subscription period, your newforestmarque.co.uk subscription will be automatically renewed. You may opt out of automatic renewal at any time.
4.5 Account Cancellations. You can cancel your subscription at any time, however you will still receive the box(es) that you’ve already paid for. Just log into your account, select “VIEW” on your subscription and click “CANCEL”. This will cancel your upcoming renewal. If your latest renewal payment has already been taken, you will still receive the upcoming box(es).
4.6 We reserve the right at our absolute discretion not to renew your subscription at any time. If we terminate your account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving any reasons for our decision.
5. CONSUMER RIGHTS
5.1 If you are contracting as a customer, you may cancel at any time. If you cancel within 14 days of initially signing up to the Contract, we will refund you in full (‘cooling-off period’). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Cancellation details are in clause 4.5).
6. AVAILABILITY AND DELIVERY
Your order will be dispatched on the 15th of each Subscription Delivery Month via home delivery. Where the 15th falls on the weekend, your order will be dispatched the next working day.
7. RISK AND TITLE
7.1 The risk in the goods shall remain with us until they come into your physical possession.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
8. PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges will be as quoted on our site.
8.3 We reserve the right to change prices and Products from time to time and as necessary.
8.4 Payment for all Products and Services must be by credit card, or debit card via stripe.
9. OUR REFUNDS POLICY
9.1 If you consider that the Product is defective, we will request that you email us photographs of the damage and if we agree, will dispatch a replacement to you at no cost within 7 working days.
9.1.2 Due to the perishable nature of our produce, sadly we can not accept returns unless you’ve received Products with demonstrable damage.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. OUR LIABILITY
11.1 Subject to clause 11.2, if we fail to comply with these Terms and Conditions we shall only be liable to you for the purchase price of the Products.
11.2 Nothing in this agreement excludes or limits our liability for:
11.2.1 Death or personal injury caused by our negligence;
11.2.2 Fraud or fraudulent misrepresentation;
11.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
11.2.4 Defective products under the Consumer Protection Act 1987; or
11.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to New Forest Produce Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
15.2 Material from the website may be re-used without written permission for personal use but not for commercial use without our written permission to do so.
15.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action;
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 Impossibility of the use of public or private telecommunications networks; and
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these T&Cs is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these T&Cs before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.