Terms and Conditions

Untitled Document

Terms and Conditions

  • 1. Introduction
    • 1.1 This Website is operated by Millwood Market Garden Ltd trading as The Market Garden of 41 Mill St, Eynsham, Witney, Oxfordshire, OX29 4JX.
    • 1.2 These Terms will apply to all transactions on this Website, whether you are ordering online or by telephone.
    • 1.3 Please read this document carefully and print it off or download it before placing Your Order. Occasionally, We will update these Terms. The Terms published on the Website at the time You place Your Order will apply, so You should read them each time You use Our site.
    • 1.4 All names, logos and trademarks are the property of The Market Garden and You must not use any such item for any purpose without the express written agreement of The Market Garden.
  • 2. Definitions
    • 2.1 When the following words (with capital letters) are used in these Terms, this is what they will mean
      • Actual Order Value means the value of your Order that we will charge you. It is based on Our Shop prices on the day we deliver, less any unavailable Goods and adjusted for small differences in the weight of weighed Goods requested by You and the actual weight we are able to supply.
      • Contract means the contract between You and Us, which includes these Terms
      • Delivery means the delivery of the goods that We provide to You
      • Delivery Area means the locations to which we deliver for no additional cost provided your order meets the applicable Minimum Order.
      • Estimated Order Value means the value of your Order based on Our Shop prices on the day you place your Order with Us and based on the exact weights of the weighed items you requested.
      • Goods means the food items and general goods that You have purchased from Our Website
      • Minimum Order means the minimum order value at or above which We will deliver Your order for no additional delivery cost.
      • Order means Your order for Goods and Delivery, placed on the Website
      • Address means the place to which You ask Us to Deliver the Goods
      • Safe Place means a place at Your Address where We can leave the Goods if You are not at home at the time We deliver. The Safe Place must be cool, dry and out of direct sunlight. Please specify your Safe Place when prompted at the checkout.
      • Shop means Our bricks and mortar retail outlet at 41 Mill St., Eynsham, Witney, Oxfordshire, OX29 4JX
      • Terms means these Terms and Conditions, which We will update occasionally. Any changes will take effect from the date they appear on the Website and shall only apply to transactions from that date.
      • We/Us/Our means Jonathan Bowden and Lucy Bowden trading as The Market Garden
      • You/Your means the person that places the order with Us
      • Website means the web site at www.themarketgardeneynsham.co.uk
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  • 3. How the order process works
    • 3.1 By placing an Order with Us, You're accepting these Terms, as well as our Privacy Policy and the Use of our website set out below.
    • 3.2 Once You've placed Your Order, We will acknowledge Your Order by e-mail as soon as possible. This is just to let You know that We've received Your Order and will be processing it. It does not mean that We've legally accepted Your Order. Acceptance of Your Order, and the completion of the Contract, will take place when We deliver the Goods to You.
    • 3.3 Any goods, services or information displayed on this Website should not be regarded as an offer, invitation, solicitation, advice or recommendation to buy a product or services on the Website.
    • 3.4 Certain promotions have their own specific terms and conditions, which will be shown on the description of the item. These are in addition to these Terms, which will also still apply.
  • 4. Product Availability and Website Accuracy
    • 4.1 Whilst we make every effort to maintain accuracy, stock levels displayed within our product pages are for guidance only. We try to maintain a reasonable stock of most of Our products but all Orders are subject to availability and accordingly, We can only Deliver Your Goods whilst stocks last. Where We are unable to fulfil Your order we will contact You to allow You the option of a delayed delivery date or a full refund for the products that are not available.
    • 4.2 If any of the Goods are unavailable, We will contact You by e-mail or telephone and You will have the option to either replace them with alternative goods, wait until the Goods are available, or cancel Your Order. If we are unable to contact you, we will still deliver your Order less the unavailable items and your Actual Order Value will be reduced accordingly.
    • 4.3 Images of products on this Website are for illustrative purposes only.
    • 4.4 We have made every effort to display as accurately as possible the details and specification of our products that appear on this Website. However, we cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the actual Goods.
    • 4.5 Whilst we try to be as accurate as possible, all sizes, weights (other than for those Goods sold by weight) and measurements quoted on this Website are approximate.
  • 5. Prices & Payment
    • 5.1 The prices shown on this Website at the time of ordering are guide prices. They are the selling prices for those goods in Our Shop on the day you placed your Order and from which we calculate your Estimated Order Value. Your Actual Order Value will be based actual prices displayed in Our Shop on the day of delivery, including any promotional offers if applicable. You accept that prices of goods may, therefore, increase or decrease between the day of ordering and the day of delivery.
    • 5.2 For weighed items, the Estimated Order Value is based on the exact weights You request. We will try and get as close to these weights as possible, but You accept that some adjustment to arrive at your Actual Order value may be necessary.
    • 5.3 When you place your Order , we will authorise payment for the total Estimated Order Value from Paypal. After your order is ready for delivery, we will take payment via Paypal for the Actual Order Value provided it is does not exceed the Estimated Order Value by more than 15% (or £75, whichever the lower). In the unlikely event it does, we will contact You to ask if You would prefer to either:
    • (a) substitute or remove items from your Order, or reduce quantities thereof to bring the Actual Order value to within 15% (or £75, whichever the lower) of the Estimated Order Value.
    • (b) make a separate payment for the difference between the Actual Order Value and the Estimated Order Value.
    • 5.4 Provided Your Order meets the applicable Minimum Order, delivery is currently free to addresses within the Delivery Area. We can deliver to addresses outside the Delivery Area for an extra charge. Please contact Us for a quotation.
    • 5.5 All prices quoted on our Website are in UK pounds and, where applicable, include Value Added Tax at the current rate.
    • 5.6 Whilst We always try to ensure the accuracy of the prices on Our Website, there will inevitably be rare occasions when We make a mistake. If We discover any errors in the price of Goods before We accept Your Order, We will notify You as soon as possible and give You the option to resubmit Your Order at the correct price, select alternative products or cancel Your Order.
    • 5.7 We offer a secure payment system, allowing you to choose which card you would like to use. Payments are processed using PayPal, which is used worldwide and has an excellent reputation. Please note: you can use most credit and debit cards (you do not need to have a PayPal account).

5.8 By using a third party payment provider to handle all online payments we don't even see your credit card details. Any data that is passed from our website to PayPal is encrypted to ensure that is cannot be read or tampered with. We do keep a note of your contact details and order history to ensure that we can provide you with the best possible service, but we do not make this available to third parties. If you wish to see the data that we have for you please do not hesitate to get in touch.

    • 5.9 We are able to accept cash or cheque payments for your Order if you prefer. Please select ‘Cheque/Cash on delivery’ at the checkout. Please note, you must be available to accept delivery of Your Order if you select this option.
  • 6. Delivery
    • 6.1 Unless your Order contains any frozen or chilled Goods, we are happy to leave the delivery in the Safe Place should you not be at home.
    • 6.2 You must be at home when we deliver to accept delivery of any chilled or frozen items. If you are not at home, we will remove any frozen or chilled items and will leave the rest of your Order, if any, in the Safe Place. We will refund you in full for any undelivered items within 7 days.
    • 6.3 We will always endeavour to deliver the Goods within the delivery window for your location, but any delivery dates and times are approximate and We shall not be liable for any losses, costs, damages, charges or expenses caused by any delay in Delivering the Goods.
    • 6.4 Deliveries are arranged on the condition that there is reasonable access for the safe and prompt delivery of the Goods. You should tell Us about any special delivery requirements or conditions when You place Your Order.
    • 6.5 Your statutory rights are not affected.
  • 7. Changes to the Order
    • 7.1 You have the right, to cancel Your Contract at any time before We despatch the goods to You. Notification must be given to Us by telephone or email. If given by email We must have received, read and acknowledged Your email before the Goods are dispatched for the cancellation to be considered effective.
    • 7.2 Where You cancel your order, We will refund Your money within 7 days of the day You cancelled Your Order.
  • 8. Refunds
    • 8.1 We will replace or refund the full cost of any item which arrives in a damaged and/or inedible condition. Such item shall be retained for Our inspection should We ask to do so.
    • 8.2 All refunds due for whatever reason (other than under the cancellation provisions set out in section 7 above) will be made within 30 days of delivery of the Goods.
    • 8.3 Any deductions applicable, such as collection charges, will be deducted from the refund due.
    • 8.4 Refunds will be processed on the same card used for the original transaction.
  • 9. Personal Data
    • 9.1 We understand that your privacy is important to you. We will always comply with the Data Protection Act 1998.
    • 9.2 Please see our Privacy Policy for details of exactly how we look after your personal data.
  • 10. Liability
    • 10.1 The products sold on this Website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside of the UK.
    • 10.2 There are certain things that We can't limit or exclude Our liability for (such as where We negligently cause personal injury or death) but for everything else, We will only accept liability where We have failed to do what We promised to do in the Order, We have been negligent (for instance by causing damage to Your home or physical property) or We have caused You some other type of direct loss or damage.
    • 10.3 We can't accept liability for any consequential loss of profit or indirect losses.
    • 10.4 As a consumer You have many rights under the law. We're happy to honour all of those rights, plus all those representations that are made about the Goods on this Website. Other than that, We exclude all other warranties (express or implied) to the extent permissible by law.
  • 11. Use of the Website
    • 11.1 We and our suppliers are the owners of the copyright, trademarks and all other intellectual property rights in the material and content of this Website.
    • 11.2 You may only use the material contained on this Website for your own personal and non-commercial use.
    • 11.3 You agree not to intentionally misuse this Website.
    • 11.4 The Website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.
    • 11.5 The copyright to this site remains with those noted at the foot of each page of the Website
  • 13. Other
    • 13.1 Sometimes, there might be things that We can't control that may mean We're delayed in, or prevented from, Delivering Your Goods. These might include things such as accidents, breakdowns, fire, flood, storm, acts of God, war, riot, civil commotion, malicious damage or the default of Our suppliers. We will try to put things right as soon as We can but as You'd expect, We can't be responsible where this causes a delay or failure in Delivering Your Goods. However, We will try to give You as much notice as possible.
    • 13.2 The Contract sets out everything we've agreed about Delivery of the Goods (and anything else mentioned in the Contract) and supercedes any previous agreement we might have discussed or entered in relation to the Contract. Because the Contract contains everything we've both agreed, neither of us relies on any other statement, representation, warranty or understanding made during the discussions leading up to the Order. As You'd expect, this won't apply if either of us has been fraudulent.
    • 13.3 If either of us decides not to enforce our rights (or we delay in doing so), that won't stop us from enforcing those rights at a later stage.
    • 13.4 This Contract is just between the two of us. Accordingly, nobody else has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this Contract.
    • 13.5 If either of us wants to change any part of the Contract, then we'll have to ask the other one and note down any agreed change in writing.
    • 13.6 This Contract is covered by English law. In the event of any court action relating to the Contract, we have both agreed that this should take place in the English Courts.