TERMS & CONDITIONS

TERMS AND CONDITIONS

1. DEFINITIONS

1.1. 'Buyer' means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier.

1.2. 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

1.3. 'Contract' means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions.

1.4. 'Goods' means the articles that the Buyer agrees to buy from the Supplier.

1.5. 'Services' means the services that the Buyer agrees to buy from the Supplier.

1.6. 'Supplier' means Malpas Farm Shop, Beechcroft, Malpas, SY14 8JQ, which owns and operates www.malpasfarmshop.co.uk.

1.7. 'Terms and Conditions' means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.

1.8. 'Website' means www.malpasfarmshop.co.uk.

2. CONDITIONS

2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3. By placing an order through the Website, the Buyer confirms that they have read, understood, and agreed to these Terms and Conditions. The Buyer further acknowledges that due to the perishable nature of the Goods, delivery may be completed by the courier leaving the parcel unattended at the delivery address provided where necessary in accordance with these Terms and Conditions.

2.4. Any variation to these Terms and Conditions, including any special terms and conditions agreed between the parties, shall be inapplicable unless agreed in writing by the Supplier.

2.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

2.6. Any complaints should be addressed to the Supplier's address stated in clause 1.6.

2.7. The Buyer is responsible for ensuring that all delivery information provided is accurate, complete, accessible, and suitable for delivery.

2.8. The Buyer acknowledges that the Goods supplied by the Supplier are perishable food products requiring prompt refrigeration upon delivery.

2.9. The Buyer agrees to monitor all delivery notifications, tracking updates, and estimated delivery times provided by the Supplier and/or the courier, including any live tracking facilities or estimated one hour delivery windows made available via email, app notifications, or courier tracking systems.

2.10. The Buyer acknowledges and agrees that the Supplier and its courier partners may leave parcels unattended at the delivery address where necessary to avoid delays which may compromise the quality or safety of the Goods.

3. ORDERING

3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2. Where the Goods ordered by the Buyer are not available from stock, the Supplier may provide an alternative substitution product of equal or greater value at no additional cost.

3.3. Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or be deemed by the Supplier to abuse the fair usage policy, the Supplier may withdraw, withhold, or cancel the promotional code at any time.

3.4. Existing customers, being Buyers who have placed one or more previous orders with the Supplier, are subject to a minimum order value of £100 when making use of free delivery or promotional codes. Free delivery is available to mainland UK postcodes only. Some Highlands & Islands, Scottish postcodes, and Isle of Wight postcodes are subject to a two day delivery service and cannot be shipped on Thursdays or Fridays. Additional shipping charges of £19 apply to these postcodes. Free shipping promotions are not available to these areas.

The Supplier does not currently deliver to Ireland or Northern Ireland. Orders placed for these destinations will be cancelled and refunded due to shipping limitations and transit times.

This does not affect the Buyer’s right to place orders below the minimum value where delivery charges are paid or where promotional codes are not used.

3.5. By placing an order for perishable Goods, the Buyer expressly authorises the Supplier and its courier partner, including DPD, to leave the parcel unattended at the delivery address provided if nobody is available to accept delivery at the time of delivery.

3.6. Delivery shall be deemed completed once the Goods have been delivered to the address provided by the Buyer, including where the Goods have been left unattended at the premises, in a safe place, porch, reception area, with a concierge, or in another location deemed suitable by the courier.

3.7. Where delivery has been completed in accordance with clause 3.6, responsibility and risk in the Goods shall pass to the Buyer immediately upon delivery.

3.8. Following completed delivery, the Supplier shall not be liable for any loss, theft, deterioration, spoilage, contamination, temperature variation, damage, or unauthorised access affecting the Goods.

3.9. The Buyer acknowledges that refusal of unattended delivery, failure to monitor tracking information, failure to take receipt of the Goods, inaccessible premises, or failure to refrigerate the Goods promptly may compromise the condition and safety of the Goods.

3.10. The Supplier reserves the right to refuse, cancel, delay, or amend deliveries where weather conditions, courier network disruption, operational requirements, or food safety considerations make delivery impractical or unsafe.

4. PRICE AND PAYMENT

4.1. The price of the Goods and/or Services shall be that stipulated in the Supplier’s marketing communications, including on the Website. Prices are inclusive of VAT but exclude delivery charges unless otherwise stated.

4.2. When ordering online, the total purchase price, including VAT and delivery charges where applicable, will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone, the total purchase price will be confirmed before the order is placed.

4.3. After an online order is received, the Supplier shall confirm by email the details, description, and price for the Goods and/or Services together with information relating to cancellation rights where applicable.

4.4. Payment of the price plus VAT and delivery charges, where applicable, must be made at the point of ordering.

4.5. If any payment is rejected, refused, or unpaid, the Supplier shall be entitled to cease or suspend the provision of Services or delivery of Goods until payment is received in full.

4.6. All offers and promotions are subject to stock availability and may be amended or withdrawn without notice.

5. CANCELLATION AND RETURN

5.1. Due to the perishable nature of the Goods supplied by the Supplier, orders for Goods may only be cancelled up to 72 hours before the point of dispatch. Once dispatched, Goods may not be cancelled, returned, or refunded except where the Goods are proven to be defective, damaged, unsafe, or materially not as described. This clause does not affect the Buyer’s statutory rights.

5.2. Any concerns regarding the Goods must be raised by the Buyer within 24 hours of delivery. The Buyer must retain all Goods, packaging, labels, and temperature protection materials for inspection and provide clear photographs evidencing the alleged issue before any claim can be assessed.

5.3. Where a claim of defect or damage is made, and it is deemed necessary, the Goods may need to be returned by the Buyer to the Supplier provided the Buyer has contacted the Supplier within 24 hours of delivery. The Buyer must freeze the Goods immediately, and the Supplier may arrange collection by courier. The Buyer must ensure that the Goods are securely packed with suitable frozen temperature protection materials for return transit.

5.4. Goods returned must clearly display the relevant order number.

5.5. The Supplier reserves the right to reject claims where:

(a) the Buyer fails to report the issue within the required timeframe;

(b) the Goods have not been stored, refrigerated, or handled appropriately following delivery;

(d) the alleged issue arises following unattended delivery authorised under these Terms and Conditions; or

(e) insufficient evidence is provided to reasonably assess the claim.

6. LIMITATION OF LIABILITY

6.1. Subject to clause 6.2 and to the fullest extent permitted by law, the Supplier’s total liability arising from any Contract shall be limited to the purchase price paid for the relevant Goods and/or Services. The Supplier shall not be liable for any indirect, consequential, incidental, special, punitive, or economic loss including loss of profit, loss of enjoyment, spoilage following delivery, or third party losses.

6.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation, or any liability which cannot legally be excluded.

6.3. The Supplier shall not be liable for delays, failed deliveries, spoilage, deterioration, or losses arising from:

(a) incorrect or incomplete delivery information supplied by the Buyer;

(b) inaccessible premises;

(d) unattended delivery authorised under these Terms and Conditions; or

(e) circumstances outside the Supplier’s reasonable control.

6.4. Nothing in these Terms and Conditions excludes or limits any liability which cannot legally be excluded under the laws of England and Wales, including liability for breach of statutory consumer protections.

7. WAIVER

No waiver by the Supplier, whether express or implied, in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

8. FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations where such delay or failure results from events or circumstances outside its reasonable control, including but not limited to severe weather, accidents, war, strikes, lockouts, fire, courier disruption, transport disruption, systems failures, shortages of materials, or breakdown of machinery or communications systems. The Supplier shall be entitled to a reasonable extension of time for performing such obligations.

9. SEVERANCE

If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

10. CHANGES TO TERMS AND CONDITIONS

The Supplier reserves the right to amend these Terms and Conditions at any time. Any amendments shall not affect orders already accepted by the Supplier prior to the amendments taking effect.

11. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

For any queries, contact us at 01948 820520 or info@malpasfarmshop.co.uk.