Terms and Conditions
1. THESE TERMS AND CONDITIONS
1.1 These are the terms and conditions on which we supply fresh turkeys and other food products such as turkey crowns and rolls, either fresh or frozen, to you as well as recipes and information regarding the preparation and cooking of our products.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you
· who we are,
· use of our website,
· how we will provide products to you,
· how you and we may change or end the contract,
· what to do if there is a problem,
· how we qualify the advice and information we give you regarding our products and their preparation.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 When you buy any of our products you make a contract with BRAMBLE FARM TURKEYS LIMITED, a company established in England and Wales with a registered office at 1a The Quadrant Courtyard, Quadrant Way, Weybridge KT13 8DR (company number 07849416). Our trading address is Openview Farm, Epsom Road, West Horsley, Leatherhead, Surrey KT24 6AP. Our registered VAT number is 136 9659 69.
2.2 You can contact us by telephoning our customer service team at 01483 282548 or by writing to us at the postal address above or to info@bramblefarm.co.uk.
2.3 If we have to contact you regarding the delivery of your order or for other necessary reasons, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR WEBSITE
3.1 Our website provides information relating to our products to our customers and potential customers. Such information does not imply any commitment or obligation on our part.
3.2 None of the pages or any particular content on this website may be considered to be complete. We reserve the right to alter any pages in this website without prior notice and to change the prices listed without notice. Prices are correct at the time of order only and relate only to online purchases. All orders are subject to availability and we reserve the right to refuse supply to any particular person providing we act in accordance with the law.
3.3 Any information on this website may contain technical inaccuracies or typographical errors. Our liability arising from such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
3.4 All graphics, images and descriptions contained within this website are intended mainly to give a general description and any person reading them may not rely on anything therein as being a representation of fact or a warranty relating to the quality of our products or their fitness for any purpose. We accept no responsibility for any reliance placed on this website or upon any particular information that you see on it which you are able to access by means of our website.
3.5 We make no representation or warranty, whether express or implied, with regards to the accuracy, completeness, quality or suitability for any purpose of any content in this website. We expressly exclude to the fullest extent permitted by law any loss or damage incurred, whether directly or indirectly, from inaccuracies or errors contained on this website.
3.6 We are not responsible for any off-site pages or any other websites linked to this website and any connection you make through any link on this website is at your own risk. We are not responsible for the contents of any website which is not maintained by us.
3.7 We select our suppliers to process payments in compliance with the high standards of security within the payments industry. Please note however that the security of financial information transmitted by the internet cannot be guaranteed and we accept no responsibility for any losses incurred or sustained by customers who transmit bank or credit card details through this website or to us by email.
3.8 This website has been created in a manner which we reasonably believe is compatible with most browsers. The appearance of the website is therefore dependent upon the software you are using and is outside of our control. We accept no responsibility for loss or damage resulting from any errors occurring in relation to your browser.
4. OUR CONTRACT WITH YOU
4.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. The terms of the contract which are binding on both of us are these terms.
4.2 Your order may be placed via our website, by telephone to 01483 282548 or in person at Openview Farm, Epsom Road, West Horsley, Leatherhead, Surrey KT24 6AP. Unless we agree otherwise, we shall request a £20 deposit from you if you do not pay in full when you order. Receipt of your deposit signifies acceptance of your order.
4.3 If we are unable to accept your order, we will inform you of this by telephone or in writing. (“writing” shall include email). This might be because
· the product is out of stock,
· there are unexpected limits on our resources which we could not reasonably plan for,
· we have identified an error in the price or description of the product,
· we are unable to meet a delivery deadline or deliver to a specific address (see term 4.5) you have specified.
4.4 We will identify your order by reference to your contact details and give you an order number when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.5 We only sell to customers on the UK mainland (excluding Northern Ireland). Our website is solely for the promotion and sale of our products in the UK. Unfortunately, we do not accept orders from, or deliver to addresses outside the UK mainland. We may not be able to accept orders to UK locations that are a significant distance from our location or otherwise if your location is in an area which our selected courier does not deliver to, in which case we shall inform you in accordance with term 4.3.
5. PRICE AND PAYMENT
5.1 The price of our products (which includes VAT if applicable) will be the price indicated on our website at the time when you place your order. All prices are shown in sterling. We take all reasonable care to ensure that the prices we display or notify to you of the products advised are correct.
5.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid and require the return of any goods provided to you.
5.3 If the rate of any VAT that may be due changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.4 We accept payment by cash in person or by credit or debit card whether through the website or by telephone. You must pay for the products at the point the products are ordered.
6. DELIVERY
6.1 The costs of delivery will be as displayed to you on our website.
6.2 Following completion of the order process, we will let you know when we will provide the products to you which will usually be the day after you order them. Our website displays the fixed date for Christmas or other seasonal holiday delivery. We will deliver our products to you on the date we agree or as soon as reasonably possible afterwards. Time is not of the essence to our contract.
6.3 If no one is available at your address to take delivery and the products cannot be left at a convenient safe place nominated by you to await your return, we will use our reasonable endeavours to leave you a note informing you of how to rearrange delivery or collect the products from us. Please see term 6.6.
6.4 Please note that we are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, whether man-made or natural, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5 If you have asked to collect the products from our premises, you will be asked to pay the non-refundable deposit of £20.00. You may collect the products from us during the specific time windows on fixed days during the period when we are open for business. These time windows are displayed on our website. You must collect the products you have ordered on the day you agree at any time when we are open.
6.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you. Given the perishable nature of the products, we are entitled to terminate the contract in the event that the product cannot be re-delivered the same day or the day after. We are under no obligation to substitute any replacement product for the product that cannot be delivered or collected, for example, if no further delivery dates remain available before the Christmas or other seasonal holiday period.
6.7 You have legal rights if we deliver any products materially late if an exact time has been agreed with you or if we fail to deliver them at all. If we miss the delivery deadline for any products then you may treat the contract as being at an end if you told us before we accepted your order that delivery within the delivery deadline was essential (taking into account and explaining to us all the relevant circumstances). If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. As the products are perishable, if you do choose to treat the contract as at an end for late delivery, you cannot reject any products that have already been delivered to you as part of your order.
6.8 The products will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
6.9 You will be the legal owner of the products once we have received payment in full.
6.10 If we need to suspend the supply of a product to deal with any technical problems we will contact you in advance to tell you the reasons why, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 48 hours we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, if delivery by a deadline was requested and agreed with us. If this is the case, we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.11 If you do not pay us for the products or your credit or debit card provider refuses payment and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the cost of the order. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we may also charge you interest on your overdue payments.
7. RETURNS AND REFUNDS
7.1 The seasonal turkey products we supply are fresh but they are chilled (not frozen) to low temperatures to ensure that they remain in satisfactory condition in advance of delivery to you There may be some ice present in the products but this is normal. We may sell other products that are clearly marked as being frozen. You are entitled to reject the products if they are delivered in unsatisfactory condition or if we have got your order significantly wrong. If this is the case, at our discretion we will replace the products or refund the cost, providing you notify us of your rejection in writing and provide us with proof of purchase and we confirm receipt. Please email us at info@bramleyfarm.co.uk or by telephone to 01483 282548.
7.2 If you reject to the product for quality reasons, we request you to return them to us for inspection within 24 hours following the date of delivery. You must notify us immediately of your intention to return the products and, where possible, provide us with photographic evidence of any visible defects in accordance with term 7.3 below. All returned products must have been kept cold at less that 8degrees Celsius and sent back to us with the chill packs frozen and in the original packaging. We may be able to arrange collection at our expense, but where this is not reasonably possible, we request that you arrange the return directly to ourselves at the address shown above. You will be responsible for paying for the cost of return but if we provide you with a refund, the shipping cost will be added to your refund. If you are sending back to us products which have a value in excess on £75, we advise you to consider using a trackable shipping service and obtaining appropriate insurance. We will reimburse your reasonable costs.
7.3 If you submit photographic evidence to us that demonstrates the condition of the product, we shall evaluate such evidence entirely at our own discretion.
7.4 Once the returned item has been received and inspected, we will send you an email or text to confirm whether or not we are able to give you a refund and, if applicable, reimburse you the cost of return. All credits will be made directly to your credit or debit card or otherwise by arrangement. If you do not receive the credit within a reasonable time, please contact us at info@bramblefarm.co.uk. Refunds and credits will be provided within 14 days.
8. CHANGES TO YOUR ORDER
8.1 If you wish to make a change to your order (for example, the sizes, quantities or types of item you have ordered), please contact us immediately. We will let you know if the change is possible. A change to your order is usually possible if it is made at least 30 days before the date on which you say you want to collect the products or have them delivered. If it is possible we will let you know if your changes have any effect on the price you pay, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. All changes requested (for example, for products of a different size) are subject to availability. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
8.2 If we need to make any changes to your order or to the specification of the products you have ordered, we will notify you promptly and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
8.3 You may cancel any order without giving any reason providing that you give us more than 14 days’ notice prior to the agreed date for collection or delivery.
9. YOUR RIGHT TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
9.2 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back).
9.3 The products are perishable so you have no right to obtain any replacement or refund if you have simply changed your mind.
9.4 You are entitled to end the contract immediately and receive a refund in full for any products which have not been provided and you may also be entitled to compensation if –
we have told you about an upcoming change to the product or these terms which you do not agree to; or
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, or because we are experiencing stock shortages due to high demand (and we are trying to obtain replacements), in each case for a period of more than 7 days; or
you have a legal right to end the contract because of something we have done wrong such as supply of defective products or because we have delivered significantly late where a delivery date has been agreed with you. We exclude our liability to offer any refund or compensation where the product is delivered to you late but still in satisfactory condition.
9.5 Even if we are not at fault, you can still end the contract before it is completed. If you want to end the contract before the products are delivered, just contact us to let us know using the contact details set out in these terms or on our website. We will refund any payment you have made for products which will not be provided to you but we may need to reduce your refund of the price (excluding delivery costs) to reflect any expenses we have reasonably incurred already (such as shipping arrangements or administrative charges) in order to fulfil our contract with you. If your order has been placed at least 14 days before any agreed delivery date, you will however pay nothing if you cancel your order during that period.
9.6 We will make any refunds within a reasonable time. Unless the circumstances entitle you to receive a refund in full, we are able to retain the deposit you pay which will offset our administrative costs.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract at any time by writing to you if –
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a delivery address;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you an amount as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 The images of our products on our website are for illustrative purposes only. Our turkeys are free range and grow naturally and may vary from any images you see on our website. Because they are free-range, they may have bumps, scratches or tears in their skin but none of these superficial flaws will have an effect on the quality or taste. Please also note that weights shown on the website for any products may vary.
11.2 Our products are supplied without wing tips. We use every reasonable endeavour to include the neck, heart and liver in the giblets but we do not include them if they are significantly damaged during the course of preparation.
11.3 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01483 282548 or write to us at info@bramblefarm.co.uk or at the postal address above. We will use our best efforts to respond to any complaints within three working days.
11.4 We are under a legal duty to supply products that are in conformity with the contract made on these terms and in accordance with current consumer law. Nothing in these terms will affect your legal rights.
12. INTELLECTUAL PROPERTY RIGHTS
All trade marks, copyright and other intellectual property rights in any words, images or other content that appear on our website, in any advertising or on the packaging of our products is our property or is used under licence from third parties to us. BRAMBLE FARM® and our logo are registered trade marks in the United Kingdom. All of our rights are reserved. No licence is granted to any customer or user of our website to make use of any of our intellectual property rights.
13. RECIPE AND FOOD ADVICE
13.1 Our website may contain advice, descriptions, recipes and video footage to show you how to we recommend that you cook any of our products. These items are only for your guidance although they have been created by us with all due care. You may not achieve the results that we may show because of individual variation in the products themselves, cooking temperatures (which may vary because of the equipment you use) and individual cooking ability. You should always use your own best judgement when you cook with raw ingredients and seek appropriate advice regarding safe food preparation before you begin.
13.2 You should examine the state and quality of the ingredients you use before you begin cooking. You should advise others of the presence or likely presence of any substances which might cause adverse reactions in some people.
13.3 You acknowledge that recipes and instructions on our website may not have been tested by us or on our behalf and we provide no assurances that they are suitable for your purpose. Please refer to https://www.food.gov.uk/print/pdf/node/288 for further information.
13.4 Nothing in these terms excludes or limits our liability for death or personal injury or intends to do so.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract with you, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process (for example, an agreed delivery or collection date).
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights including the right to receive products which are as described and match information we provided to you, and that are of satisfactory quality, fit for purpose, supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987
14.3 We only supply the products for personal and private consumption and not for resale. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 If you use our website we draw your notice to the effect of the disclaimers and exclusions of liability in terms 3.1 to 3.8.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal data (as it is defined in the Data Protection Act 2018) as set out in our Privacy Policy: https://bramblefarm.co.uk/privacy-policy. We collect personal data from you when you order as well as through the cookie technology referred to in our Privacy Policy.
16. OTHER IMPORTANT TERMS
16.1 The majority of our turkeys that are supplied to private customers are reared at Openview Farm at East Horsley in Surrey, but we may supply products of the same high quality that have been reared elsewhere. These are generally sold to our business customers. We will assume that you have no preference unless you inform us otherwise in which event we shall use our reasonable endeavours to provide you with your choice.
16.2 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract you are unhappy with the transfer you may contact us to end the contract and we will refund you any payments you have made in advance for products not provided.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If any of these terms are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other term will not be affected.
17. JURISDICTION
These terms are governed by English law and you can bring legal proceedings in respect of our products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.