In using this website, you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves. All Terms refer to the offer, acceptance and consideration of payment necessary for the Customer to receive the Company’s products and services in the most appropriate manner, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This document sets out the Terms and Conditions by which Home Grown Here agrees to provide produce and services to you.
When you purchase any produce or services from us, you are signifying your agreement to these Terms and Conditions.
We reserve the right to modify, cancel or append to these Terms and Conditions. The current Terms and Conditions always appear on our website. We reserve the right to alter, vary, omit or substitute any produce or service provided by us as described in any promotional or other materials published by us or on our behalf.
In the event of any alteration, variation, omission or substitution to produce or services as described in our promotion or literature, we will have no liability to refund any part of any fee or deposit paid.
The full cost of Home Grown Here deliveries (minus any agreed discounts) must be paid within the payment Terms stated on the invoice. We reserve the right to cease deliveries if payment has not been received by the due date.
If any payments which are due under these Terms and Conditions are not made by their respective due date, interest shall accrue on the full amount outstanding at a rate of 8% above the base lending rate of the Bank of England, from the due date until the date of actual payment.
We reserve the right to cancel a delivery at any time up to and including the date of the delivery itself (ie, due to adverse weather Conditions). Should this occur, we will endeavour to give you as much notice as possible and will attempt to deliver on the subsequent day(s) or offer you a credit note.
A Customer is able to cancel their delivery or donate their delivery to Upper Eden Food Bank using the Home Grown Here website.
The Company allows a Customer a maximum of six cancellations per year. If the Customer requests more than six cancellations then a cancellation fee of £1 per cancelled delivery will be applied.
Where the Customer cancels a delivery after the weekly deadline for cancelling a late cancellation fee of £3 will be added to the Customer’s monthly invoice.
In the event of unavoidable delivery issues, (ie, adverse weather Conditions) the Company withholds the right to alter the advertised veg bag contents. It is at the discretion of Home Grown Here to provide a selection of locally-sourced vegetables and the Customer must accept that the specific quantities and type of vegetable cannot be guaranteed from week to week.
Where late changes are made to the availability list, Home Grown Here will strive to let the Customer know via email at the earliest convenience and replace with alternative produce.
The Company will do everything within its power to avoid giving Customers produce that they have expressly opted out of but very occasionally this isn’t possible.
Returned payments and refunds
We will make an administrative charge of £7.50 to cover cheques returned unpaid or unreasonably disputed credit card payments or unhonoured Direct Debits.
In circumstances where a Customer is due a refund this will be issued by BACS payment into the Customer’s bank account OR by GoCardless where the payments has been made by direct debit. We will process any refund within 28 days of notifying you that we are issuing a refund.
We do not accept responsibility for any loss of, or damage to, personal property belonging to visitors to our site.
We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in transport, weather, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.
Without prejudice to the other Terms of this agreement, in no event (including our own negligence) will we be liable for any:
a) economic losses;
b) loss of goodwill or reputation;
c) any other special, indirect or consequential losses or
d) loss to third parties.
No provision of these Terms and Conditions shall operate or be construed to operate so as to exclude or restrict our liability under the provisions of any UK legislation in force from time to time which are not capable of being excluded or restricted.
Except as otherwise required by UK legislation, our total liability for any loss, damages, costs or expenses shall not exceed an amount equal to the invoice value for the produce or services provided.
A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Terms.
Use of personal information
We are committed to protecting your privacy. Only authorised employees within the Company on a need-to-know basis have access to Customer information. We regularly review our systems and data to ensure the best possible service to our Customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to recover damages against those responsible.
We may monitor, record and retain communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes.
From time to time, photographs, film, video or audio recordings may be made during Home Grown Here activities for publicity, promotional or broadcast purposes. Please inform us before any such event if you do not wish you or your child to appear or be identified in any such material.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Customer and their respective Customer records may be passed to third parties. However, Customer records are regarded as confidential and therefore will not be divulged to any third party.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
The Company does not guarantee that the service from its website will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify our Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of our website
These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your purchase of our produce and services, superseding any prior agreements between you and us.
You agree that you have entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by us which is not set out expressly in these Terms and Conditions.
We shall not be under any liability for any failure to perform any of our obligation under these Terms and Conditions if we are prevented from or delayed in so doing due to any circumstances beyond our reasonable control, provided that if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the contract.
The laws of England and Wales govern these Terms and Conditions. By accessing this website and using our services you consent to these Terms and Conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
You may contact us by calling the relevant telephone number found on our website, or by writing to us at the postal address included in email correspondence with us. We will be deemed to have received any communication from you, in the case of communication by telephone at the time of you speaking to a telephone operator or, in the case of communication by post, a correctly addressed letter sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received two working days after the date of posting. An acknowledgement will always be made. We may contact you by post, telephone, email, or text. Notification sent to you by post will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day.
It is your responsibility to ensure that we have current contact details for you. Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.
Our relationship with you is subject to English law and you and we irrevocably submit to the exclusive jurisdiction of the courts of law.
Notification of Changes
These Terms and Conditions form part of the Agreement between the Customer and ourselves. Your accessing of our website and ordering from us indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.