Terms & Conditions
This is the website of Foulgers Dairy. Please read the following terms and conditions carefully, together with the privacy policy; they govern Foulgers Dairy’s relationship with you in relation to this website and all purchases made on this website. Foulgers Dairy may update these terms and conditions at any time. You should check from time to time to review these terms and conditions to ensure that you are aware of any changes. These terms and conditions were most recently updated on October 2011.
Using or accessing this website indicates your acceptance of these terms and conditions. If you do not wish to accept these terms and conditions you should not place an order and should not continue to use this website. To register with Foulgers Dairy via this website you must be 18 years of age or older. You must ensure that the details provided by you on registration are correct, and inform us immediately of any changes by updating your personal details. These Terms and Conditions do not affect your statutory rights.
TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS
1. Purchase Contract.
1.1 All purchases made on this website are governed by the latest version of these terms and conditions existing at the time of purchase. If you order goods after we have published any changes you will be bound by those changes for future purchases. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the terms and conditions have changed since your most recent order we will display the date when these terms and conditions were most recently updated.
1.2 Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. Images are provided for illustration purposes only and, due to packaging redesign and improvements, may sometimes not exactly reflect the packaging you receive.
1.3 Customers may place, cancel, amend or correct orders at any time up to 6pm online or 6pm by phone on the day prior to the day of delivery.
2. Customer Registration
2.1 You will need to register online before confirming your One-off Order or Regular Order, which will include the creation of a username and password.
2.2 You may only register one Foulgers Dairy account per household at any one time.
2.3 You will only be able to place one or more One-off Order(s) for which you will be required to pay immediately.
2.4 For contractual purposes, by registering your consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Price
3.1 For One-off Orders, the price of the goods will be as quoted on the website at the time you place your order, subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
3.2 If you wish to place an order on the website, having received a hard-copy catalogue/leaflet, please check the terms and conditions and prices as stated on this website prior to making such an order. In the event of any inconsistency between the hard-copy catalogue/leaflet and the website, the provisions and prices of the website shall prevail.
3.3 The prices stated on the website will be inclusive of any VAT payable, unless otherwise stated.
4. Order Confirmation and Payment Methods
4.1 Order Confirations
Settlement of monthly Foulgers Dairy account by payment online is acceptable. Also payment direct to your milkman is accepted to settle your Foulgers Dairy account.
4.1.1 One-off Orders: One-off Orders can be paid for with one of the automated payment methods set out below or by the Pay Now option upon placing the order.
4.1.2 Regular Orders: Regular Orders must be paid for with one of the automated payment methods set out below. Pay Now is not available where a Regular Order is placed.
4.2 Payment Methods
The following payment methods can be used to pay for your shopping. No other vouchers, savings stamps or “money-off” coupons (unless issued by Healthy Start) will be accepted towards payment of an order. The debit cards accepted by us are those listed on the date on which your order is placed.
4.2.1 Automated Payment Methods
4.2.2 Other Payment Methods
4.2.2.1 Pay Now
A one-off payment can be made for One-off Orders via our secure third party network. This method of payment is not available for Regular Orders. Upon completion of debit card payment details online you will receive an on-screen confirmation and your order will be visible in “My confirmed orders”. A confirmation will be sent to your designated email address. This may take up to 24 hours.
If at any time you wish to change your payment method, or there is a change in your card details, you may edit your payment details through the “My account” section of the website.
5. Payment Failures
5.1 You agree not to hold us responsible for banking charges incurred due to payments made on your account.
5.2. We reserve the right to suspend your account and any further deliveries and take any other action as we consider appropriate in the event of (1) a failed payment: (2) us being refused authority for payment or (3) our reasonably belief that payment will be refused at any stage.
5.3 You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you and/or issue proceedings in court.
5.4 You agree that where Foulgers Dairy advances you trade credit for any goods purchased by you such credit shall not constitute any credit advanced under a regulated agreement under the Consumer Credit Act 1974 but shall instead constitute an exempt agreement (either a running account credit interest free credit and/or an agreement with insignificant charges for the credit).
5.5 You agree that the credit Foulgers Dairy may advance you will be without normal trade credit interest and without any credit charges (other than the cost of debt collection and/or litigation).
5.6 You agree further that in terms of any credit advanced the sum outstanding must be paid off in no more than one payment and no later than 30 days from the date of order.6
6. Delivery
6.1 Delivery will be made to the address specified by you when you register on the website. We reserve the right to restrict or cease deliveries in any area at our sole discretion.
6.2 When placing an order with Foulger Dairy, you will be offered one online service plan. Your delivery frequency is based on the frequency with which your local milkman delivers in your area. For example, if your milkman delivers in your postcode area on Mondays, Wednesdays and Fridays, then you will be offered those three days for delivery. As a second example, if your milkman delivers in your postcode area on Mondays, Tuesdays, Thursdays, Fridays and Saturdays, you will be offered delivery on those 5 days. It will not be possible for you to request delivery outside those days on which your milkman delivers in your postcode area.
6.3 Foulgers Dairy reserves the right to alter delivery days, time and driver at our discretion. We will always do our best to confirm this change to you in advance of the change taking place.
6.4 Goods are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.
6.5 Acceptance of goods shall be deemed to take place on delivery, unless we are notified in accordance with clauses 4.2 or 6.1. If you are concerned about the safety of your delivery, please make a note in ‘Delivery instructions’ within ‘My account’ advising us where to leave your delivery.
7. Substitutions
7.1 In the event of non-availability of any goods you order, we may offer a reasonable substitute.
7.2 Where a substitute item is offered in place of an item ordered, every effort will be made to bring you a product of equivalent or better quality and value as the original item and the price you will be charged will be the lesser of the original or substitute item.
7.3 If for any reason you are not happy with any substitute item, please let us know within 3 working days and we will promptly refund the amount you have been charged for the item.
7.4 We may make changes to product ranges from time to time. Where we are removing a product from the range we will always contact customers who have this product on Regular Order to advise them of its removal. Where a direct substitute is being made available we will automatically replace this item in the Regular Order. Otherwise a suggestion for an alternative will be made where appropriate.
8. Defective or Incomplete Goods
8.1 In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us within 48 hours. You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and subject to clause 8.3, such liability shall be our entire liability to you in respect of incomplete or incorrect goods.
8.2 You must inspect the goods and notify us within 48 hours of any defective goods. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 48 hours of delivery of the goods. Subject to clause 8.3, this shall be our entire liability to you in respect of defective goods.
8.3 These terms and conditions do not exclude our liability (if any) to you for:
death or personal injury resulting from our negligence;
fraud;
any matter which it would be illegal for us to exclude or to attempt to exclude our liability
8.4 We will not be deemed to be in breach of contract or of these terms and conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood, extreme weather conditions and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, disruption to the website, road traffic problems.
9. Privacy
9.1 Foulgers Dairy is committed to preserving your privacy. The personal information you provide will enable us to provide you with the goods you require. We will not transfer, disclose, sell, distribute or lease your personal information to third parties, unless we have your permission or are required by law. By registering for the designated payment option customers are deemed to have consented to their personal information being passed on to third party secure networks solely for the purpose of processing payment transactions. Please see our Privacy Policy.
9.2 When you register with Foulgers Dairy you will be asked to create a password. Please keep this secret, as you are responsible for maintaining the confidentiality of your password. You are responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
10. Waiver
10.1 Any failure on our part take any action in respect of breach of these Terms and Conditions shall not constitute a waiver of their enforceability.
10.2 If you breach these Terms and Conditions and we ignore them, Foulgers Dairy will still be entitled to use its rights and remedies at later date or in any other situation where you breach the Terms and Conditions.
11. Customer Feedback
11.1 If you have any feedback about a Foulgers Dairy product you have bought or have a query regarding a delivery, please contact us by phone.
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
12. Use of this website and our intellectual property rights
12.1 We have made this website available to you for your own personal use. We may modify, withdraw or deny access to this website at any time.
12.2 This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text.
12.3 You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.
12.4 You may print or download materials from this website for your own personal use or copy the content to other individuals for their personal information provided that:
12.4.1 No materials are modified in any way;
12.4.2 No graphics are used separately from accompanying text;
12.4.3 Our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
12.4.4 The person to whom you are providing these materials is made aware of these restrictions.
13. Limitation of liability
13.1 This website should only be used for information purposes. It is not advice and you should not rely on it to make (or refrain from making) any decisions or take (or refrain from taking) any action.
13.2 Foulgers Dairy does not guarantee that this website will operate free of error or that it is free from computer virus or any other contaminating computer programs.
13.3 This website is made available for public viewing on the basis that Foulgers Dairy excludes to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this website or reliance upon the content of this website.
13.4 This website is provided by Foulgers Dairy without any warranties or guarantees. You must bear the risks associated with the use of Internet. In particular, we disclaim all liabilities in connection with the following:
13.4.1 Incompatibility of this website with your software, equipment or telecommunication links;
13.4.2 Technical problems including errors or interruptions of the website;
13.4.3 Inadequacy of the website to meet your requirements
14. Information on this website
14.1 The information contained on this website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained above remains unaffected by this.
15. Our Rights
We reserve the rights to :
15.1 Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
15.2 Change the Terms and Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the website.
16. Linking
16.1 We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites in any way. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.
16.2 You may not link to this website from another website without our consent in writing.
17. Governing law and jurisdiction
17.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
17.2 The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
The registered office address of Foulgers Dairy is 28 Clare Avenue, Woodbridge, Suffolk IP12 4ES our VAT number is 731834537.
