Welcome to the Homefarm Beningbrough’s website terms and conditions for use. These terms and conditions apply to the use of this website at www.homefarmbeningbrough.co.uk. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.homefarmbeningbrough.co.uk website is operated by Home Farm.
Our contact details are as follows:
Beningbrough Home Farm
Telephone number: 01904 470562
Buyer – the person who buys or agrees to buy the goods from the Seller.
Conditions – the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods – the articles which the Buyer agrees to buy from the Seller.
Price – the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller – Home Farm Beningbrough.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. Subject to a final weight per kilo confirmed on the delivery note. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
4.1 Payment of the Price and VAT shall be due for payment by 15th of the month following the date of the Seller’s invoice.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated. Interest shall be charged at a flat rate of 10% once the invoice is outstanding beyond its due date.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
“All invoices are due for payment by 15th of the month following the invoice date. Any invoice outstanding beyond this period will be referred to the county court and will be subject to a surcharge of 10% plus additional charges to cover the collection costs incurred as determined by the county court. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable”
The estimated quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order subject to weight fluctuations. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977, all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written notification to the Seller within 48 hours of delivery of the Goods of any defects which a reasonable examination would have revealed. Any goods deemed to be defected will be ineligible for return where the Buyer has failed to store the goods at the correct temperature.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailey for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage of Goods
Carriage will be chargeable on all items. This will be at the rate of £2.80. Gift Vouchers will be sent via Royal Mail 1st Class Delivery.