ONLINE SHOP TERMS & CONDITIONS

Terms and Conditions for the supply of product by Daylesford

1.1 What these terms cover: These are the terms and conditions which apply when you purchase products listed on our website (“Products”) through use of the online checkout, or by phone to the Personnel Shopping Team on 0800 083 1233.

1.2 Why you should read them: These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully before ordering any Products from our site or via our mail-order number. Please note that before ordering any Products you will be asked to agree to these Terms. If you refuse to accept these Terms you will not be able to order any Products from our site.

1.3 Print or Save: You should print a copy of these Terms or save them to your computer for future reference.

1.4 Legal rights: As a consumer, you have legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

1.5 English only: These Terms, and any contract between us, are only in the English language.

Other Applicable Terms 

2.1 Privacy Policy: Our Privacy Policy, which sets out the terms on which we process your personal data.

2.2 Cookie Policy: which sets out information about the cookies on our site.

2.3 Website Terms: There are terms of use of our Sites which apply to your use of our website.

2.4 Gift Card Terms: There are additional terms regarding the purchase and redemption of gift cards. Other Terms: Note, separate terms and conditions apply for workshop bookings and event and private hire bookings and for Daylesford Delivered.

About Us 

3.1 Who we are. Daylesford Organic Limited, a company registered in England as a limited liability company with company number 03868901 whose registered office is at The Hive, Daylesford Farm, Moreton-In-Marsh GL56 0YG, the activities of which include online sales of goods and events via https://www.daylesford.com/ and the operation of farm shops and cafes and events.

3.2 How to contact us: We can be contacted as follows in connection with any questions, queries or complaints you may have in connection with the subject matter of these terms:

Contact details: Email: guest.services@daylesford.com.

Postal address: Daylesford Organic Limited, The Hive, Daylesford Farm, Moreton-In-Marsh GL56 0YG

Phone number: 01608 692049

3.3 References to “we”, ‘us’ and ‘our’: “we”, “us” or “our” in these terms is reference to Daylesford Organic Limited.

Changes to these terms 

4.1 These Terms may be amended at any time. Please check this page from time to time to take notice of any changes that have been made. Historic versions can be obtained by contacting us. Every time you wish to order through this site, please check these Terms to ensure you understand the terms which will apply at that time. The terms and conditions applying shall be those in place on the date that you place your order.

Consumer Status  

5.1 Trade application required: These Terms apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact Daylesford for details at adam.cooper@daylesford.com.

5.2 Age verification: You may only purchase Products from our site if you are at least 18 years old. In particular, we are not allowed by law to supply intoxicating liquor if you are under the age of 18 and have made the decision to not supply supplements to any person under the age of 18. If you are under 18, please do not attempt to order Products through our site. Please note, pursuant to the Licensing Act 1964 it is an offence for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1000. If your order does include intoxicating liquor or supplements please do not be offended if you are asked to supply identification either at the point of order, prior to provision of the order or upon delivery. We reserve the right to withhold delivery of the such items if appropriate identification cannot be provided and whilst we will refund the cost of the item you will still be liable for the delivery charge.

Basis of Sale

6.1 Placing an order: Our website is set-up to guide you through the steps you need to take to place an order with us and will include information as to what Products are only available for click and collect or only available for delivery. Customers will only be able to choose the click and collect as delivery option if the basket contains only items clearly marked as click and collect suitable. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Inform us immediately of any discrepancies as in the event of any delay in informing us of the same we cannot normally rectify any errors.

6.2 Offer: When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.

6.3 Acknowledgement of order: After placing an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the paragraph below.

6.4 Acceptance of order: We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (or in the case of click and collect are available for collection) (Confirmation). The Contract between us will only be formed when we send you the Confirmation.

6.5 Unavailability of product: If we are unable to supply you with a Product, for example because that Product is not actually in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail or telephone and either seek to agree a substitute Product (amending the price payable only if relevant to the substitute Product) and make changes to the order accordingly upon agreement or cease to process your order . If you have already paid for the Products and we cease to process the order, we will refund you the full amount as soon as possible and this shall be our full liability in this regard.

Payment and Prices  

7.1 Prices: The price of the Products and our delivery charges will be as quoted on the site at the time you submit your order and will be advised during the check-out process before you confirm your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see Paragraph 7.5 for what happens in this event.

7.2 VAT inclusive: The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being. VAT receipts are available on request.

7.3 Price changes: Product prices and delivery charges are liable to change at any time, but changes will not affect orders already placed.

7.4 Payment methods: Payment can be made using a variety of methods as shall be detailed during the shopping process. Payment for the Products and all applicable delivery charges is in advance. For click and collect orders made via POS in store, gift cards may not be used as a form of payment.

7.5 Incorrect pricing: It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: (a) where the Product's correct price is less than the price stated on our site, we will refund the difference when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and (b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If you have already paid for the Products and we cease to process the order, we will refund you the full amount as soon as possible and this shall be our full liability in this regard.

7.6 No paper invoices: We’ve gone paperless and will no longer be placing paper invoices in your parcel. When we complete your order, you will receive the Confirmation email which includes your invoice as an attachment.

7.7 Promotions:

- Welcome Offer

This offer entitles customers to 10% off their first order made online at www.daylesford.com and can only be used once on a first order. This offer will apply at checkout when a valid promotional code is applied to first time customer orders. This offer cannot be used in conjunction with other offers. All orders are subject to stock availability, and we reserve the right to withdraw, amend or extend the offer at any time. This offer is only redeemable online and is not redeemable for corporate, personal shopping orders or in-store. This promotion does not apply to purchases of gift cards, sale items or delivery charges. Our standard T&Cs apply.

- Corporate offer for Savills

This offer entitles customers to 10% off purchases made online at www.daylesford.com from 18th November 2024 until 17th November 2025 (11:59pm BST). This offer cannot be used in conjunction with other offers and may only be redeemed once per customer. All orders are subject to stock availability, and we reserve the right to withdraw, amend or extend the offer at any time. Events, Flowers, Giftcards, Sale Items, Hampers, Advent Calendars and Wine Magnums are excluded from this offer. Our standard T&Cs apply

Delivery/Collection 

Deliveries

8.1 Delivery charges: The delivery charge shall be detailed during the check-out process which may differ depending on the type of Product ordered, the requested period for delivery and the location of delivery.

8.2 Delivery day: You will be able to select your preferred delivery day during check-out. Please note, due to the delivery being by way of third party courier we cannot guarantee delivery before or at the specified day. DPD offer a ‘predict’ delivery service whereby they inform customers of a one-hour delivery window notified by SMS and/or email – so you don’t have to wait in all day! Additionally, you can watch the progress of your delivery driver on a real-time map. If your plans change and you’re not in to take delivery of your order, DPD offer a range of ‘in flight’ options such as: deliver to neighbour, have the parcel delivered to a safe place, collect your parcel from a local pickup shop. Please note, this service is not available for offshore deliveries.

8.3 Exclusions from delivery: Due to the nature of some of our products, delivery may not be possible to certain locations. There may therefore be restrictions on products that you may order based on your delivery address or we may not accept your order.

8.4 Delivery instalments: Orders containing both fresh produce and dry goods (packaged produce, condiments, tins and drinks) will be dispatched from separate locations, meaning you will receive two separate deliveries. Our delivery partner DPD will notify you of both deliveries using their ‘predict’ delivery service.

8.5 Fresh food deliveries: Please note, for fresh food deliveries it is recommended that the package is delivered to an address where it can be received, as products held in postal depots cannot be guaranteed to be refrigerated whilst being held.

8.6 Late delivery: If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel your order straight away, or do not have the right to do so under this paragraph, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. If you do choose to cancel your order for late delivery under this paragraph, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery and this shall be our full liability in this regard.

8.7 International. Daylesford does not offer an International Delivery Service for online orders however our Personal Shopping Team are happy to advise what products we can send overseas – please contact them on 0800 083 1233. You may place an order online for products from outside the UK, but this order must be for delivery to a UK mainland address.

8.8 Completion of delivery. Delivery will be completed when we deliver the Products to the address you gave us. We do not deliver to third party courier companies.

8.9 General To discuss delivery please contact Daylesford on onlineshop@daylesford.com or 0800 083 1233 or for further information see our ‘Delivery’ page.

Click and Collect

8.10 Charges: Any charge for the click and collect service shall be detailed during the check-out process.

8.11 Store Location. The website (or POS in store) is set-up to guide you through the steps you need to take to place an order with us and to choose the store location for your collection. Please take the time to read and check your order at each page of the order process. Inform us immediately of any discrepancies following your order as in the event of any delay in informing us of the same we cannot normally rectify any errors.

8.12 Collection Day and Time. You will be able to select your preferred delivery day during check-out. On this day, subject to us having accepted your order, you will be able to collect your order at any time during the selected store location opening hours. If you wish to reschedule your order, you will need to contact Guest Services (on the details set out in the ‘How to Contact Us’ section of these Terms) at least 48 hours before your original collection date. Any time beyond this you will need to contact the chosen store directly.

8.13 Collection Process. When you collect your order you will be required to show your Confirmation email. You may also be asked to present a form of photographic identification and, in the instance of orders including alcohol, age verification identification. We reserve the right to withhold delivery of the such items if appropriate identification cannot be provided and whilst we will refund the cost of the item you will still be liable for the administration charge.

8.14 General To discuss your click and collect order please contact Daylesford Guest Services on onlineshop@daylesford.com or 01608 692776.

General

8.15 Inability to fulfil. If we are unable to fulfil your order due to stock availability we will call and email you to advise on the next best delivery/collection day, or suggest a substitute. Daylesford also cannot be held liable for failure to complete the order due to circumstances beyond our control.

8.16 Risk in Products. The Products will be your responsibility from the completion of delivery/collection of your order, as applicable.

Cancellation & Return   

9.1 Right to cancel.  As a consumer, you have a legal right to cancel a Contract during the period set out in Paragraph 9.3 below.  This means that during such period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.  Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2 Exceptions from Right to Cancel.  The cancellation right does not apply in the case of any custom-made or personalised Products (including but not limited to bespoke hampers) or for any fresh food items given that they are liable to deteriorate or expire rapidly or any long-life food and drink or other item where the seal has been broken, due to hygiene and health protection reasons.

9.3 Time period for Cancellation.  Your legal right to cancel a Contract starts from the date of the Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed.  Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

You can also cancel the order before we provide the Confirmation.

9.4 Process for Cancellation. To cancel a Contract in accordance with your legal right to do so, you just need to let us know. Other than for click and collect orders, the easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Confirmation. If you use this method we will email you to confirm we have received your cancellation. Otherwise, and in any event for all click and collect orders, you can also contact our Customer Services telephone line on 0800 083 1233 or e-mail us at onlineship@daylesford.com. Cancellation for general website orders (not click and collect) can also be cancelled by post to The Hive, Daylesford Farmshop, Daylesford nr Kingham, Gloucestershire, GL550YG. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or post, then your cancellation is effective from the date you sent us the e-mail or post the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

9.5 Reimbursement. If you cancel the Contract, we will:

(a) refund the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) refund any delivery charges you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);

(c) process the refund due to you as soon as possible and, in any case, within the following deadlines:

(i) if you have received the Product or we have dispatched it to you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;

(ii) if we have not dispatched the Product: 14 days after you inform us of your decision to cancel the Contract.

9.6 Defective products. If you have returned the Products to us because they are faulty or mis-described, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.7 Refund process. We refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

9.8 Return of Products. If the Products were delivered or dispatched to you before you decide to cancel your Contract: (a) you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back to our return address: Returns, Daylesford Organic Ltd, Daylesford Farmshop, Daylesford nr Kingham, Gloucestershire, GL560YG. (b) unless the Products are faulty or not as described (in this case, see Paragraph 9.6), you will be responsible for the cost of returning the Products to us.

9.9 Statutory rights. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Errors   

10.1 We try our best. Every effort is made to ensure that all the information provided on the Daylesford website is correct at the time of publishing but we make no warranties or representations as to its accuracy.

10.2 Images. The images of the Products on our site are illustrative only. Your Products may vary slightly from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase.

10.3 Multi-Good Product. Where the product is a collection of numerous goods, such as our hamper ranges, a full list is supplied. However, we may, depending on availability of goods, make reasonable substitutions.

Our Liability   

11.1 Liability. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.2 Consumer Liability only. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 Exclusions from Liability. We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the statutory rights laid down by the Consumer Rights Act 2015; and

(d) defective products under the Consumer Protection Act 1987.

Events Outside Our Control   

12.1 No liability. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Paragraph 12.2.

12.2 What is an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3 Impact of Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over or cancel the Contract with you if the Event Outside Our Control is likely to last for a prolonged period.

12.4 Cancellation of Affected Order. We may cancel the Contract with you if the Event Outside Our Control is likely to last for a prolonged period You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received. Upon cancellation we will refund the price you have paid, including any delivery charges and this shall be our full liability in this regard.

Communications Between Us  

13.1 In writing includes email. When we refer, in these Terms, to "in writing", this will include e-mail.

13.2 Our way of contacting. If we have to contact you or give you notice in writing, we will do so by phone, e-mail or by pre-paid post to the address you provide to us in your order.

13.3 Electronic communication. For contractual purposes, you agree to 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 legal rights.

Other Important Terms   

14.1 Transfer of Contract. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.2 No third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.3 Separate terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.4 Reliance. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.

14.5 Governing Law. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. We will not file a copy of the Contract between us.