1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
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.
2 Information about us and how to contact us
2.1 Who we are. We are The Belmont Estate (Farm) Limited, a company registered in England and Wales. Our company registration number is 08318738 and our registered office is at Estate Office, Belmont Estate, Bristol Road, Wraxall, North Somerset, BS48 1NF.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0117 970 6335 or by writing to us at email@example.com or Estate Office, Belmont Estate, Bristol Road, Wraxall, North Somerset, BS48 1NF.
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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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 by email or telephone 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 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.
4.1 We both agree to comply with any official guidance from the UK Government in relation to the COVID-19 pandemic as is relevant to any products or services supplied or purchased through the website. We will notify you promptly of any impact that COVID-19 guidance may have on our performance of our obligations to you, including any delays to deliveries or need to revise or postpone any events or experiences you have booked with us.
4.2 You agree to comply with, and make sure that anyone else in your party complies with, any measures which we may communicate to you to ensure the safety of staff, your party and other customers. Such measures may include: limiting the number of attendees per event, limiting the availability of food or drink, imposing requirements regarding personal protective equipment, social distancing and the use of hand sanitiser.
5 Our products
5.1 Products may vary slightly from their pictures. Any images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6 Your rights to make changes
6.1 If you wish to make a change to the product you have ordered 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, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
7 Our rights to make changes
7.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
7.2 More significant changes to the products and these terms. In addition, we may make changes to products that are supplied by our third party partners where those third party partners have changed a product which is outside of our control. If we do this we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products that you have paid for but not received.
8 Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2 When we will provide the products.
8.2.1 If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and we will contact you with an estimated delivery date.
8.2.2 If you are booking an event or experience. We will provide the event or experience on the date set out in your order confirmation.
8.3 We are not responsible for delays outside our control. If our supply of the products or hosting of an event or experience is delayed by circumstances outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services you have paid for but not received. For the avoidance of doubt, government action or staff sickness as a result of COVID-19 constitutes a circumstance outside our control.
8.4 Collection by you. If you have asked to collect the products from our premises, please contact us to arrange collection between 09:00 and 17:00 on weekdays (excluding public holidays).
8.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will contact you by telephone or email to discuss alternative arrangements, which may include leaving at an agreed safe location at the delivery address.
8.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or (where relevant) collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
8.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
8.7.1 we have refused to deliver the goods;
8.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.7.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery in the ways detailed above, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If needed, please call customer services on 0117 970 6335 or email us at firstname.lastname@example.org to arrange collection.
8.9 When you become responsible for the goods. Any goods ordered will be your responsibility from the time we deliver the goods to the address you gave us, or from the time you collect the goods from us.
8.10 When you own goods. You will own the goods once we have received payment in full.
8.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply products or services to you, for example, confirmation of ages of all people in your party. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 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 or services 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.
8.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of products or services to:
8.12.1 deal with technical problems or make minor technical changes;
8.12.2 update the product or revise the service provision to reflect changes in relevant laws and regulatory requirements;
8.12.3 make changes to the product or service as requested by you or notified by us to you (see clause 7).
8.13 Your rights if we suspend the supply of products or hosting an event or experience. We will contact you in advance to tell you we will be suspending supply of the products or services, unless the problem is urgent or an emergency. You may contact us to end the contract for a product or any event or experience if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9 Providing the services
9.1 Providing the event or experience. We will provide the event or experience to you as detailed on our website in all material respects.
9.2 Changes to an event or experience. We may make changes to the event or experience to account for situations beyond our reasonable control. This may include, but will not be limited to: adverse weather conditions, unavailability of a third party host, or changes in government guidance within the context of COVID-19 or any epidemic. Changes may include, but will not be limited, to: reducing the number of attendees, re-locating the event, changing the third party host, re-arranging the date of the event or experience or requiring guests to wear masks or appropriate clothing/ footwear.
9.3 Right to refuse admission. We reserve the right, in its absolute discretion, to refuse admission to our premises or remove from our premises any person who has behaved or is behaving in a manner which, in our opinion of has affected, or is likely to affect, the enjoyment of any other third party including the engagement or facilitation of any act which may cause damage to the premises. Where any such damage to the premises is caused by the you or your party, you will be liable for all reasonable costs and claims resulting from such act.
10 Your obligations when on our premises
10.1 Bringing in outside food and drinks. No outside wines, spirits, other drinks or food can be brought onto our premises unless agreed in writing first with us.
10.2 Use of our logo and other images. You are not permitted to use any Belmont Estate name or logo or any of the images on our website without our prior written agreement.
10.3 Signage and displays. You are not entitled to affix or otherwise display any signs, displays, posters or other material to the walls, floor or ceilings of our premises without our prior written agreement.
10.4 Smoking areas. Smoking is only permitted in designated areas.
10.5 Animal Policy. With the exception of registered assistance dogs, animals are not permitted on our premises without prior written consent.
11 Your rights to end the contract
11.1 When you can end your contract with us. 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:
11.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14;
11.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
11.1.3 If you have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
11.1.4 In all other cases (if we are not at fault and there is no right to change your mind), you will not be able to end the contract.
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 11.2.1 to 11.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
11.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);
11.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
11.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
11.2.4 we have suspended supply for technical reasons, or notify you we are going to suspend them for technical reasons; or
11.2.5 you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You will have to pay the costs of return of any goods.
11.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
11.4.1 goods that are liable to deteriorate or expire rapidly, (for the avoidance of doubt, this will include meat);
11.4.2 services arranged for a specific date or within a specified period of time (for the avoidance of doubt, this will include all experiences and events offered by us);
11.4.3 services, once these have been completed, even if the cancellation period is still running;
11.4.4 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
11.4.5 any products which become mixed inseparably with other items after their delivery.
11.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
11.5.1 Have you bought services (for example, an event or experience)? If so, where the experience is due to take place on a specified date or within a specified time period, you do not have a right to change your mind about your order.
11.5.2 Have you bought goods (for example, products from our online farm shop)? If so, subject to clause 11.4, you have 14 days after the day you receive the goods to change your mind about your order, unless your goods are split into several deliveries over different days: in this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.
12 How to end the contract with us (including if you have changed your mind)
12.1 Tell us you want to end the contract. To end the contract with us (where you have a right to do so), please let us know by calling our customer services on 0117 970 6335 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
12.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Estate Office, Belmont Estate, Bristol Road, Wraxall, North Somerset, BS48 1NF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0117 970 6335 or email us at firstname.lastname@example.org to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Unless 12.3 applies, you will have to pay the costs of return of any goods.
12.3 When we will pay the costs of return. We will pay the costs of return:
12.3.1 if the products are faulty or misdescribed;
12.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
12.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
12.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
12.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
12.6.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
12.6.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
12.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
12.7.1 if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us;
12.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
13 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 or service at any time by writing to you if:
13.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to safely host an experience for you or allow you to participate in an event, for example, confirmation that all members of your party meet any age criteria for attendance; or
13.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
13.2 We may end the contract for events beyond our reasonable control. We may end the contract for a product or service at any time by writing to you if a situation occurs that is beyond our reasonable control, meaning that we can no longer provide the product or service. This may include, but will not be limited to: adverse weather conditions, unavailability of a third party host, or changes in government guidance within the context of COVID-19 or any epidemic.
14 If there is a problem with the product
14.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0117 970 6335 or write to us at email@example.com or Estate Office, Belmont Estate, Bristol Road, Wraxall, North Somerset, BS48 1NF.
14.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. For detailed information about your legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
14.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0117 970 6335 or email us at firstname.lastname@example.org to arrange collection.
15 Price and payment
15.1 Where to find the price for the product. The price of the product (which, where applicable, includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
15.4 When you must pay and how you must pay for online purchases. We accept payment by debit and credit card (excluding American Express). You will pay for the goods and/or services when you place your order with us.
15.5 What to do if you think an invoice is wrong. If you think you have been charged an incorrect amount, please contact us promptly to let us know.
16 Our responsibility for loss or damage suffered by you
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
16.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17 How we may use your personal information
18 Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.3 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.
18.4 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.
18.5 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.