General Terms and Conditions
In these conditions the following words shall have unless the context requires otherwise the meanings set out opposite them:
1.1 "The Company" shall mean South Devon Chilli Farm or any subsidiary or associated Company of South Devon Chilli Farm .
1.2 "The Customer" shall mean any person firm Company or organization, to which the Company agrees to sell "the Goods",
1.3 "The Goods” shall mean the goods (and any part thereof) the subject matter of the contract as described in these conditions and (if appropriate) on the face of the Company's acknowledgment of the order form.
2.1 The Company reserves the right by notice in writing to the Customer signed by a Director of the Company to add or amend or vary these conditions at any time before acceptance of delivery of or payment for the Goods or commencement of or payment for the Works. If any changes are made that the customer is unagreeable to them they may cancel their order subject to The Company's terms and conditions of cancellations.
2.2 Acceptance of delivery of the Goods or payment for the Goods by the Customer to the Company or allowing the Company to commence the Works shall of itself constitute an acceptance of these conditions where acceptance has not been previously communicated to the Company.
2.3 Quotations shall be available for acceptance (unless expressly stated otherwise) for a maximum period of 30 days from the date thereof and may be withdrawn by the Company within such period at any time by written or oral notice.
2.4 If any statement or representation has been made to the Customer by the Company its servants or agents upon which the Customer relies other than in the documents enclosed with the Company's quotation or acknowledgment of order then the Customer must set out that the statement or representation in a document to be attached to or endorsed on the order and in any such case the Company may confirm reject or clarify the point and submit a new quotation.
2.5 If subsequent to a contract in which these conditions are incorporated any further contract of sale is concluded with the Customer by letter or telegram or orally or by a combination of these factors without express reference to these general conditions it shall be a term of such contract that these general conditions of sale apply thereof.
3.1 Time for delivery is given as accurately as possible but is not guaranteed.
3.2 In the event that the goods are not delivered within 28 days and an alternate date cannot be arranged for any reason then the customer is within their rights to demand cancellation of their order with a full refund less any administration charges that may be applied.
3.3 The Company shall be required to fulfill orders for the Goods in the sequence in which they are placed.
3.4 Failure by the Customer to take the delivery of or to make payment in respect of the Goods or any one or more installments of the Goods shall entitle the Company to treat the whole of the contract as repudiated by the Customer.
3.5 Without prejudice to Condition
3.6 the Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery of the Goods but shall be under no obligation to do so and where delivery is postponed by agreement otherwise than due to default by the Company the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and payment for the Goods shall be made on the date payment would have been due had delivery not been postponed.
4 Price/Delivery costs
4.1 All prices quoted are inclusive of VAT but exclusive of delivery.
4.2 If after the date of the Company's quotation the cost to the Company of the materials used by the Company in the manufacture of the Goods is increased then the Company may give notice of any such increase which the Company is proposing to pass on to the Customer and such notice if given shall have the effect of increasing the Company's quoted price for the Goods. The Customer may by notice in writing to the Company within 3 days of the notice of such increase cancel the order and in this event the contract for the sale of the Goods shall be determined without any liability whatsoever being incurred by the Company or the Customer to the other. If the Customer shall not give a written notice rejecting the increase within 3 days then the increase shall be added to the quoted price and form part of the contract between the Company and the Customer.
4.3 All prices are subject to change without notice.
5 Passing of property and risk
5.1 Risk shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration to the Goods:-
5.1.1 If the Company delivers the Goods by its own transport in accordance with some contractual obligation arranges the transport for the Goods at the time when the Goods arrive at the place of delivery,
5.1.2 in all other circumstances at the time when the Goods leave the Company's premises,
5.2 Title to the Goods or any part thereof shall not pass to the Customer until:-
5.2.1 The Customer has paid to the Company all sums due and payable by it to the Company under this contract and all other prior contracts between the Company and the Customer or
5.2.2 the Company serves notice in writing on the Customer specifying that title in the Goods or specified part thereof has passed to the customer and until title to the Goods has passed to the Customer the Customer shall possess the Goods or any part thereof as a bailee of the Company and shall store the Goods or any part thereof separately from other Goods so as to ensure that they are clearly identifiable as the property of the Company.
5.3 The Customer shall only be at liberty to sell the Goods there under prior to the passing of the title to the Customer on the understanding that portion of the proceeds of the sale of the Goods which represents the sums due to the Company there under belong to the Company and are held by the Customer on trust for the Company and are paid into a separate bank account designated as a trust account for the Company.
6 Payment & terms
All prices are inclusive of VAT at the current rates. The total cost of your order is the price of the Products ordered plus Shipping Charges. Payment can be made by any of the specified Payment Methods:
For online orders, payment can be made with credit card or PayPal. For orders by phone, payment can be made with: credit card or personal cheque.
6.1 Credit Card – The following cards are acceptable: VISA, Mastercard, Maestro, Visa Electron, Solo, Delta.
Please be aware that that your credit card details must match those of your billing address. Orders will not be accepted if this is not the case. If you wish your order to be sent to a different address, please enter the appropriate address at checkout.
6.2 Personal cheque – If you wish to pay by personal cheque, please make cheques payable to ‘South Devon Chilli Farm Ltd’. Please write your name and address on the reverse of the cheque. Cheques can only be accepted if they are to be drawn on UK banks.
Please telephone to obtain the total cost of your order, including shipping costs. Please include details of what you are ordering with your cheque.
South Devon Chilli Farm
Tel: 01548 550782
Once the cheque has cleared the order will be dispatched.
6.3 Payment via phone – If you wish to place the order via telephone, please call during the following hours: 10.00am to 4.00pm (GMT) Monday to Friday.
Contact number is 01548 550782. We will require the following information for the order to be processed:
Name/Product description, Size, Colour (if applicable), Quantity, Credit Card details, Delivery address.
As above: Please be aware that that your credit card details must match those of your billing address. Orders will not be accepted if this is not the case.
If you wish your order to be sent to a different address, please let us know. If the items are a gift we can send the invoice to the billing address rather than the shipping address.
For your assurance, South Devon Chilli Farm does not hold any of your credit card details.
If you are unable to get a response please leave your contact details and we will get back to you as soon as possible. Never leave your credit card information via the telephone and do not send your credit card information via email.
6.4 Unless otherwise agreed by the Company in writing payment for the Goods shall be paid in full prior to delivery.
6.5 In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy the Company has under these conditions and without prior notice to suspend all further deliveries on any contract or contracts between the Company and the Customers and to charge interest on the amount outstanding at the rate of 6% above bank base rate per month, until a cheque tendered by the Customer in payment of the same has been cleared.
7 Refunds for cancellations and returns
7.1 We will refund the Customer within 30 days of their cancellation or return.
7.2 Where the customer wishes to return items you must contact South Devon Chilli Farm immediately. You may return any item within 7 days of receipt, but all returned merchandise must have its original condition and be fit for resale and have the necessary receipts enclosed. If the merchandise is not fit for resale, a charge will be deducted from the refund.
7.3 In the event you receive faulty items, please telephone us for details of how to return the item.
8 Size & colours
Sizes specified by the Company are to be treated as exact. Any colour representation is intended as a guideline and no guarantee can be made as to the exact colour displayed on one’s monitor.
9 Shortages and Defects
The Company shall not be liable for:-
9.1 any shortages or defects in the quality or state of the Goods which would be apparent on visual inspection unless the Customer shall have inspected the Goods within 3 working days of arrival at its premises a written notice to the Company specifying the matters complained of and shall have afforded to the Company a reasonable opportunity of inspecting the Goods before they have been used processed or sold,
9.2 any shortages or defects in the quality or state of the Goods not apparent on the visual inspection unless the Customer shall have given written notice to the Company specifying the matters complained of as soon as reasonably practicable after discovery of such matters and in any event not more than 7 days after the date of arrival of the Goods at the Customer's premises and shall have immediately after discovery of such matter ceased to make any use of the Goods and shall have afforded to the Company a reasonable opportunity to inspect the Goods,
9.3 loss or damage caused by the reason of use of the Goods after the Customer becomes aware of a defect or after the Customer becomes aware of circumstances which should reasonably have indicated the existence of a defect.
10.1 In the event that the Goods or any part thereof are defective in the quality or state or are otherwise not in accordance with the contract then the Customer shall require (in lieu of any legal remedy which may otherwise have been due to the Customer) the Company to supply satisfactory substitute goods and the Company provided the Customer has complied with the requirements as to notice contained in these conditions shall be obliged at its option to take back the defective Goods and supply up to the invoiced value of the defective Goods supplied free of cost and within a reasonable time. Upon the Company supplying satisfactory substitute goods then the Customer shall be bound to accept such substitute goods and the Company shall be under no obligation to the Customer in respect of any loss or damage whatsoever arising from the initial delivery of the defective goods or from the delay before the defective goods or the substitute goods are delivered.
10.2 For those items that carry a manufacturer’s warranty, not a Company warranty, and in the event that the manufacturer goes out of business and their product becomes faulty during the warranty period we cannot accept responsibility for its repair nor supply a replacement product at no cost.
10.3 In the event that the Goods are not manufactured by the Company then the Company gives no assurance warranty or guarantee whatsoever that the sale or use of the Goods will not infringe patent, copyright, registered design, design copyright or other intellectual property rights of any other person firm or Company.
11.1 Save where the Company can be shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and such failure results in the death or personal injury the Company shall not be without prejudice to condition 10 be liable to the Customer for loss injury or any damage of any kind whatsoever consequential or otherwise (including without limitation removal or rectification work required in connection with the installation of repaired or substitute goods) which result directly or indirectly from the Company's supply or failure to supply Goods to the Customer.
11.2 By entering this site you agree that any loss of profits or damage to equipment or data which occurs directly or indirectly from use of this site will be your own responsibility and not that of The Company.
11.3 If any seeds/plants sold shall not comply with the express terms of the contract of sale or if any seed/plant of the correct species and type shall prove defective in varietal purity we will either replace the defective seeds/plant free of charge to the buyer or refund all payments made by the buyer in respect of the defective seeds/plant and this shall be the limit and extent of our obligation. Any such cases will be considered on an individual basis.
12 Confidential Information
All drawings documents, confidential records, computer software and other information supplied by the Company are supplied on the express understanding that copyright is reserved to the Company and that the Customer will not without a written consent of the Company either give away loan exhibit or sell any such drawings documents records software or other information or extracts there from or copies thereof or use them in any way except in connection with the Goods in respect of which they are supplied.
13 Data and Technical Information
The information contained in the advertising sales and technical literature issued by the Company may be relied upon to be accurate in the exact circumstances which it is expressed otherwise any installations illustrations performance details examples of installations and methods of assembly and all other technical data in such literature are based on experience and upon trials under test conditions and provided for general guidance only. No such information shall form part of the contract unless the Customer complies with condition 2.5 hereof relating to the statements and representations.
14 Sub Contractors
The Company shall be entitled without the prior consent of the Customer to subcontract the whole or any part of the contract or to employ any independent contractor to perform its obligations under the contract and in so doing none of the obligations accepted there under by or the rights conferred on the Company shall in any way be negative or varied.
15 Quantum Meruit
Where from any cause whether arising under the contract or otherwise or whether due to the Company's breach of contract or otherwise the Works are only partly completed then the Company shall be entitled to payment in quantum meruit basis in respect of all work done by them without prejudice to the Company's other rights and remedies should non-completion be occasioned by default of the Customer.
If the Customer (being a Company) shall become unable to pay its debts as prescribed by Section 123 Insolvency Act 1986 or compounds with its creditors or in the event of a resolution being passed or proceedings commenced for the administration of the liquidation of the Customer (other than voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver Manager Administrative Receiver is appointed of all or any part of its assets or undertaking or (being an individual) shall do or allow anything to be done whereby a Creditors Petition in Bankruptcy could be or legitimately been presented pursuant to Section 267 Insolvency Act 1986 the Company shall be entitled to cancel the contract in the whole or in part by notice in writing without any prejudice to any right or remedy accrued or accruing to the Company.
17 Force Majeure
In the event that the manufacture or delivery of any of the Goods or performance of the Works is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lockouts, industrial disputes, shortage of raw materials or fuel not withstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of plant and machinery, late receipt of the Customers Specification or other necessary information acts, orders or regulations of Government, delay in any part of any independent subcontractors or supplier, or any other cause whatsoever beyond the reasonable control of the Company then the time for the delivery of the Goods or performance of the Works shall be extended for a reasonable period having regard to the effect to the delaying cause on the manufacture, delivery or performance.
Any notice required to be given by either the Company or the Customer to the other shall be deemed properly served if sent by prepaid registered letter posted to its registered office or such other address as may time to time be notified to the other for this purpose and any notice served shall be deemed to have been served 24 hours after the time of posting and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted.
19 English Law
The contract made there under shall be governed and interpreted according to English Law and the Company and the Customer hereby submit themselves to the jurisdiction of the English Courts.
20 Refusal of Transaction
We reserve the right to withdraw any Products from the Web Site at any time and/or remove or edit any materials or content on the Web Site. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from the Web Site whether or not that Product has been sold; removing, screening or editing any materials or content on the Web Site; refusing to process a transaction or unwinding or suspending any transaction after processing has began
The Company does not sell products for purchase by person or persons under 17. We do however sell products for the under 17's for purchase by adults. If you are under 17, you may use The Company only with involvement of someone over 17. The legal guardians of the person or persons under 18 will be considered responsible for any breach of this agreement.