Terms & Conditions These Terms and Conditions govern your use of the All Organic Shop website (www.allorganicshop.co.uk), your relationship with All Organic Shop (All Organic Shop, we or us) and all orders you may make via the All Organic Shop website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from All Organic Shop or use the All Organic Shop website. Please note that to use the ordering and account management services provided on the All Organic Shop website, you are required to have an account with us. 1. The All Organic Shop Website is provided to you free of charge for your personal use, subject to these Terms and Conditions. By using All Organic Shop's website and services you agree to be bound by these Terms and Conditions
2. The All Organic Shop Website is owned and operated by All Organic Shop Limited, a company registered in England whose registered office is at 19 Greenhayes, Cheddar, Somerset, BS27 3HZ. If you have any queries please contact us; contact details are at the end of this document.
3. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
4. We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 19 below. Please check periodically for changes. These Terms and Conditions were last updated on 27th January 2008.
5. Registration
5.1. To register with All Organic Shop you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age. 5.2. You must ensure that the details provided by you on registration or at any time are correct and complete. 5.3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our website. 5.4 Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email.
6. Password and security
6.1. When you register to use the All Organic Shop Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the website. 6.2. If All Organic Shop has reason to believe that there is likely to be a breach of security or misuse of the All Organic Shop website, we may require you to change your password or we may suspend or cancel your account.
7. Payment
7.1. You must ensure that All Organic Shop are provided with details of a valid credit or debit card bearing either the Mastercard, Visa, Delta or Switch symbol. You must update us with any change to these details immediately within the deadlines specified on the website. You can make changes to your payment details by updating them in the My account section of the website or by calling or writing to us. Without prejudice to paragraph 8.9 below, we accept no liability for card security if card details are emailed to us as email is by nature insecure. 7.2 Your card will automatically be charged for the goods which you have ordered. . 7.3 We reserve the right to terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us. 7.4 If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the website again. You can, however, change orders by calling or emailing us, during our office opening hours and subject to our order deadlines.
8. Product purchases
8.1. Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below. 8.2. Where we accept an order, we do all that we can to ensure that your order is fulfilled; products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products. 8.6. All products offered by us are subject to occasional change in price. This is particularly likely with fruit and vegetable items which are subject to seasonal changes in supply levels and supply prices. All Organic Shop will endeavour to warn you of any changes to the price or availability of items in our range. However, we reserve the right to change our prices and products without notice to reflect such changes. Current prices will always be shown on the appropriate product pages of our website. We will charge you that price which will be inclusive of any applicable VAT. 8.7. Some of our products are priced by weight. The guide weight and associated price are for guidance only; the weight you receive may vary significantly from this guide and the price you are charged will be for the weight of product delivered. 8.8. Ordering a product from us carries with it the obligation to pay for it. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the products especially to fulfil your order and may not be able to sell the products elsewhere. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with clause 13 below insofar as the order is for non-perishable. 8.9. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
9. Delivery times
9.1. We reserve the right not to deliver to all locations. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website. 9.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so. 9.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for goods unless or until we have delivered them to you. 9.4 We will not charge you for incorrect products (products that you have not ordered and which are not reasonable substitutes for those products) or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered subject as provided in paragraph 14. 9.5 You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects, by emailing us. We will replace or refund you for defective products. Otherwise our liability is limited as provided in paragraph 14.
10. Excluded services
10.1 It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the All Organic Shop website.
11. Intellectual property
11.1. All content and programming of the All Organic Shop website is the property of All Organic Shop. You may retrieve and display the content of the All Organic Shop website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the All Organic Shop website without written permission from All Organic Shop.
12. Availability of the website
12.1. Although All Organic Shop aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can. 12.2. Your access to the All Organic Shop Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
13. All Organic Shop's right to cancellation
13.1. All Organic Shop may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. 13.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using All Organic Shop's services, including this website. 13.3. In the case of non-perishable products only, our customers who are consumers have the right to cancel the order and contract for those products at any time until the expiry of the 7th working day after the date of delivery of the products by notifying us by email or post to the address below. We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such products less our reasonable costs in collecting the goods. In the case of perishable products you do not have the right to cancel the order or contract after deadlines published on our website. 13.4 The suspension or cancellation of your registration shall not affect either party's rights or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders. 13.5. Any other provisions of these Terms and Conditions applicable to the use of the All Organic Shop website together with and including paragraph 14 shall survive cancellation.
14. All Organic Shop's liabilities
14.1. The All Organic Shop Website is provided by All Organic Shop "as is" without any warranties or guarantees save those set out in these Terms and Conditions. 14.2. Whilst All Organic Shop tries to ensure that material included on the All Organic Shop website is correct, reputable and of high quality, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, All Organic Shop will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the All Organic Shop Website. If All Organic Shop is informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can. 14.3. We disclaim all liabilities in connection with the following: (a) technical problems including errors or interruptions of the All Organic Shop Website but we will use reasonable endeavours to correct or avoid them (b) incompatibility of the All Organic Shop Website with any of your equipment, software or telecommunications links (c) unsuitability, unreliability or inaccuracy of the All Organic Shop Website but we will take reasonable care to ensure information there is accurate (d) inadequacy of the All Organic Shop website to meet your requirements. 14.4. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for: (a) any consequential or incidental or indirect damages; (b) loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect); (c) any other loss or damages, whatsoever that arise out of or are related to the All Organic Shop website. 14.5. Nothing in this section seeks to limit or exclude All Organic Shop's liability to you, where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through its website. 14.6. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war. 14.7 Nothing in these Terms and Conditions shall limit or exclude All Organic Shop's liability for personal injury or death caused by its negligence. 14.8 Subject to clauses 4, 14.5 and 14.7 above, All Organic Shop's sole liability for defective products will be to replace those products or reimburse any monies you have paid for them but, if you are a consumer, please note that this does not affect your statutory rights.
15. Third party websites
As a convenience to All Organic Shop customers, the All Organic Shop website may include links to other websites or material which are beyond its control. All Organic Shop is not responsible for content on any website outside the All Organic Shop Website, even if it is reached via the All Organic Shop website.
16. International use
16.1. All Organic Shop makes no promise that materials on the All Organic Shop Website are appropriate or available for use in locations outside the United Kingdom, and accessing the All Organic Shop Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. 16.2. All Organic Shop deliver some of its products to a limited area of the UK; information on this is available on the site, and we cannot deliver all of our products outside this delivery area.
17. Applicable law
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England. 17.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
18. Miscellaneous
18.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 18.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 18.3. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
19. Amendments
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our website in place of these. The changes will apply to the use of the All Organic Shop Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from All Organic Shop or use the All Organic Shop website. If you continue to use the All Organic Shop website after the date on which the change comes into effect, your use of the All Organic Shop website indicates your agreement to be bound by the new Terms and Conditions.
20. Privacy
We operate a privacy policy which governs our use of your personal data and our sending communications to you, which can be seen in our Privacy Statement.
21. Use of the Website
You are asked not to use the Website our ordering facility for any unlawful or abusive purposes and you shall be liable for any such misuse.
All Organic Shop Limited, 19 Greenhayes, Cheddar, Somerset BS27 3HZ. Email: info@allorganicshop.co.uk
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