'Buyer' means the individual or organisation that buys or agrees to buy the Goods from the Seller.
'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
'Contract' means the contract between the Seller and the Buyer for
the sale and purchase of Goods incorporating these Terms and Conditions.
'Goods' means the articles that the Buyer agrees to buy from the Seller.
'Seller' means The Potash Farm Partnership.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller. Any complaints should be
addressed to the Seller's address at Apple Trees, The Potash Farm
Partnership, Comp Lane, St Mary’s Platt, Nr Sevenoaks, Kent, TN15 8NR.
All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an order
for any reason.
Where the Goods ordered by the Buyer are not available from stock the
Buyer shall be notified and given the option to either wait until the
Goods are available from stock or cancel the order and receive a full
refund within 30 days.
Price and payment
The Price of the Goods shall be that stipulated on the Seller's Website. The Price is inclusive of VAT.
The total purchase price, including VAT and delivery charges, if any,
will be displayed in the Buyer's shopping cart prior to confirming the
After the order is received the Seller shall confirm by email the
details, description and price for the Goods together with information
on the right to cancel if the Buyer is a Consumer.
Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
Goods supplied within the UK will normally be delivered within 30 working days of acceptance of order.
Goods supplied outside the UK will normally be delivered within 30 working days of acceptance of order.
Where a specific delivery date has been agreed, and where this
delivery date cannot be met, the Buyer will be notified and given the
opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date
agreed for delivery. In any event time of delivery shall not be of the
essence and the Seller shall not be liable for any losses, costs,
damages or expenses incurred by the Buyer or any third party arising
directly or indirectly out of any failure to meet any estimated delivery
Delivery of the Goods shall be made to the Buyer's address specified
in the order and the Buyer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Rights of seller
The Seller reserves the right to periodically update prices of the
products and services, which cannot be guaranteed for any period of
time. The Seller shall make every effort to ensure prices are correct at
the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods or services at
any time. The Seller shall not be liable to anyone for withdrawing any
Goods or services or for refusing to process an order.
The Seller warrants that the Goods will at the time of dispatch
correspond to the description given by the Seller, except where the
Buyer is dealing as a Consumer. All other warranties, conditions, or
terms relating to fitness for purpose, merchantability or condition of
the Goods, whether implied by Statute, common law or otherwise are
excluded, and the Buyer is satisfied as to the suitability of the Goods
for the Buyer’s purpose.
Cancellation and return
The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller by e-mail to the address in the contact details
provided on the web site within 7 working days of delivery, if the Goods
are damaged or do not comply with any of the Contract. If the Buyer
fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Goods shall be returned
by the Buyer to the Seller. The Buyer shall be entitled to a full
refund (including delivery costs) plus any return postal charges if the
Goods are in fact defective.
If you are a consumer you have the right, in addition to your other
rights, to cancel the Contract and receive a refund by informing the
Seller by e-mail to the address in the contact details provided on the
web site within 7 working days of receipt of the Goods.
Goods must be returned by the Buyer at the Buyer's expense and should
be adequately insured during the return journey. The Buyer will receive
a refund of all monies paid for the Goods (including delivery charges,
if any) except for return postal charges within 30 days of cancellation.
If the Buyer fails to return the Goods following cancellation, the
Seller shall be entitled to deduct the cost of recovering the Goods from
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer's fault
the Buyer will be liable for the cost of remedying such damage.
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a
Consumer, in the event of any breach of these Terms and Conditions by
the Seller the remedies of the Buyer shall be limited to damages which
shall in no circumstances exceed the Price of the Goods and the Seller
shall under no circumstances be liable for any indirect, incidental or
consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury resulting from the
negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any
of its rights under this contract shall prejudice its rights to do so
in the future.
The Seller shall not be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents, war, fire, failure of any
communications, telecommunications or computer system, breakdown of
plant or machinery or shortage or unavailability of raw materials from a
natural source of supply, and the Seller shall be entitled to a
reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction such provision shall be severed and the remainder
of the provisions hereof shall continue in full force and effect as if
these Terms and Conditions had been agreed with the invalid illegal or
unenforceable provision eliminated.
Changes to terms and conditions
The Seller shall be entitled to alter these Terms and Conditions at
any time but this right shall not affect the existing Terms and
Conditions accepted by the Buyer upon making a purchase.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in
accordance with the law of England and the parties hereby submit to the
exclusive jurisdiction of the English courts.