Moo Fresh Terms & Conditions
Moo Fresh 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 20th November 2014.
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 Moo Fresh 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.
TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS
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.
2. Price and Delivery Charges
2.1 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. 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 you will be charged for the original item. 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. 48 hours notice is required for the order of any non-milk products.
2.2 If you wish to place an order on the website, having received a 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 leaflet and the website, the provisions and prices of the website shall prevail.
2.3 The prices stated on the website will be inclusive of any VAT payable, unless otherwise stated.
2.4 Any customers offered a discount on the price of their milk due to being a bulk purchaser must settle their account in full by the end of each month. Failure to settle the account in full will result in the withdrawal of any such discount and may also incur interest charges.
2.5 Any offers to new customers are subject to a regular order being placed for a minimum of 3 pints per week. Cancellation of the order within the first three weeks will result in the offer being withdrawn and any free goods will be charged out to the customer’s account at the standard rate.
3. Methods of Payment
3.1 Payment may be made by telephoning the office and paying by debit card, cash payments at the office, via the website by Paypal,credit card, debit card, through your bank by bacs payment, cheque made payable to Moo Fresh , or Healthy Start milk vouchers. No other vouchers or “money off” coupons will be accepted towards payment of an order.
3.2 Retail Customers (I.e. Household) will be required to settle their account on a Weekly or Fortnightly basis, as agreed when placing your order. Monthly accounts are available by prior arrangement. All customers registered on our website will receive an email statement or an invoice every Saturday indicating there latest balance and a breakdown of their order. This invoice will include up to date purchases and payments. Customers will be expected to settle this invoice within three days, failure to do so may result in the suspension of deliveries. Weekly & Fortnightly accounts have a default Credit limit of £15 unless a agreement has been made prior to delivery. All one off orders and orders in excess of £10 must be paid for before delivery. All accounts that are not paid in full by the end of the 5th week will be subject to a late payment charge of £7.50 per week. Deliveries will then be stopped until payment is received. Accounts that are not settled by this time will then be handed over to our debt recovery company, Controlaccount to recover the payments. This may incur further costs which will be added to the customer’s account.
3.3 Semi retail customers (i.e. shops, offices, & factories) are required to settle all accounts weekly, Monthly accounts are available but this must be arranged in advance with Moo Fresh . All monthly accounts that are not paid in full by the 6th week may be subject to a late payment charge of £7.50 per week.
4.1 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.
4.2 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. In the event of non-availability of any goods you order, we may offer a reasonable substitute. You will be charged the price of the original item. You may return any substitute item within 3 days and we will refund the amount you have been charged for the item.
4.3 Acceptance of goods shall be deemed to take place on delivery, unless we are notified in accordance with clauses 4.2 or 5.1. If you are concerned about the safety of your delivery, please speak to the office and we will endeavor to leave your goods in an appropriate place. Please note we do not deliver to flats or maisonettes.
5. Defective or Incomplete Goods
5.1 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 clauses 5.2 and 6.1, such liability shall be our entire liability to you in respect of incomplete or incorrect goods.
5.2 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. We will arrange with you for the goods to be returned to us. Subject to clauses 5.1 and 6.1 such liability shall be our entire liability to you in respect of defective goods.
5.3 These terms and conditions do not exclude our liability (if any) to you for:
· death or personal injury resulting from our negligence;
· any matter which it would be illegal for us to exclude or to attempt to exclude our liability
5.4 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 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, snow, road traffic problems.
6.1 Moo Fresh 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.
6.2 When you register with Moo Fresh 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.
6.3 We do not store credit card details nor do we share customer details with any 3rd parties
7. Customer Feedback
7.1 If you have any feedback about a Moo Fresh product you have bought or have a query regarding a delivery,
please contact us at firstname.lastname@example.org
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
8. Use of this website and our intellectual property rights
8.1 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.
8.2 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.
8.3 You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.
8.4 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:
8.4.1 no materials are modified in any way;
8.4.2 no graphics are used separately from accompanying text;
8.4.3 our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
8.4.4 the person to whom you are providing these materials is made aware of these restrictions.
9. Limitation of liability
9.1 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.
9.2 Moo Fresh 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.
9.3 This website is made available for public viewing on the basis that Moo Fresh 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.
10. Information on this website
10.1 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.
11.2 You may not link to this website from another website without our consent in writing.
12. Governing law and jurisdiction
12.1 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.
12.2 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.