1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US
2.1 Who we are. We are M&S Tomlinson Limited a company registered in England and Wales. Our registered office is at Salwick Hall Farm, Salwick, Preston, Lancashire, PR4 0YJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Your rights to make changes. If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK, to the highlands and islands of the UK.
4. HOW WE MAY USE YOUR PERSONAL INFORMATION
4.1 Information that we will need from you. We need certain information from you so that we can supply the products to you, for example, your correct and current delivery address, your name and email address and details of the product you wish to purchase, together with payment information.
4.2 Inaccurate information. Please ensure that you enter all details carefully and accurately. If you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.3 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
4.4 Payment details. We will not store your payment details. These are processed by Stripe through their payment gateway and are encrypted. Please see their privacy and security policies at www.stripe.com.
4.5 We don’t share your information. We will only give your personal information to third parties where the law requires to do so, or as is necessary to process your payment and organise for delivery and/or collection of the products.
5. OUR PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, given the nature of our products, all sizes, weights, dimensions and measurements indicated on our website are approximate.
5.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
6. PROVIDING THE PRODUCTS
6.1 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 08:00-18:00
6.2 When you own products. You own a product once we have received payment in full.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can end your contract with us in the circumstances below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If you want to cancel your order because of something we have done or have told you we are going to do, see clause 8;
(b) If you have just changed your mind about the product, see clause 9. If the product we have supplied is not a perishable product (for example, meat), you may be able to get a refund if you are within the relevant cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
9. YOUR RIGHT TO CHANGE YOUR MIND
9.1 Cancellation without reason. For certain products bought online you have a legal right to change your mind within 14 days from delivery and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) meat products and other perishable products which are liable to deteriorate or expire rapidly;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other items after their delivery.
Please note that the majority of our products are such that there is no cancellation right under the Consumer Contracts Regulations 2013, and so this right may only be exercised in limited circumstances.
9.3 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought products that do not fall within any of the exemptions listed in clause 7.4, you have 14 days after the day the products are delivered, unless:
(a) Your products are split into several deliveries over different days. In this case you have until 14 days after the day of the last delivery to change your mind about the products.
(b) Your products are for regular delivery over a set period (for example 4 weeks). In this case you have until 14 days after the day of the first delivery of the products.
9.4 Cancelling your order and returning the products. Please contact us as soon as possible should the cooling off right apply and you wish to cancel your order. We will then arrange the return of products with you as set out below.
10. OUR RIGHTS TO END THE CONTRACT
13.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example confirmation of delivery details;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. OTHER IMPORTANT TERMS
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
11.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.