Please take time to read these Terms of Sale carefully as they set out the legally binding terms for the purchase by you of products on the Website. By making an offer for products on or via the Website, you agree to be bound by these Terms of Sale.
The seller is Bushfarm Foods, a company registered in Ireland with its registered office at Bush Farm, Dunmore East, Co Waterford, trading as Bushfarm Foods ( BF) or “we” or “us”)
2. Order process
The Company cannot accept responsibility for the late delivery of Boxes where orders are placed after the Last order dates. The Company cannot accept responsibility for the non-delivery or late delivery of Boxes, if the recipient address and telephone details are insufficient or incorrect.
2.1 An offer is made by you when you place the order for products. For information on how to place an order, see Frequently Asked Questions (FAQ). Also, as you go through the order process there are instructions shown.
2.2 Note that no contract for the sale and purchase of products comes into effect unless and until we accept your offer (see point 2.5 below).
2.3 We take payment from your card when we process your order and have checked your card details. Goods are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products. If, for any other reason beyond our reasonable control, we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product.
We also reserve the right not to accept your order for any of the following reasons:-
- we are unable to authorise your payment;
- local shipping restrictions apply;
- item is out of stock; or
- you are not eligible to make the purchase
2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are dispatched from our storage centre to be delivered to the address you have given us. Creation of the contract does not take place until that stage, even though we may have debited your card (see 2.3 above) or we have sent acknowledging e-mails (see 2.4 above).
Very occasionally an error may occur resulting in the goods described on our website not being the goods actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other goods we may have available or the goods which may have been dispatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect goods despatched will be collected for full refund.
3.1 Payment may be made by any one of the methods indicated on the Website, we are unable to process orders with more than one method of payment.
Your credit or debit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which the cardholder will be liable to pay. We are able to accept the credit cards and payment methods as listed on our Website although we reserve the right to vary these from time to time without notice. Using your credit or debit card when you shop online with BF is safe and protected. Our secure server encrypts your credit card number details along with your personal information so they are then securely transmitted over the Internet.
3.2 You will be charged the current price for the products as shown on the Website at the date you place your order. All prices are displayed on the Website inclusive of VAT. We reserve the right to amend prices if there is a change in the rate of VAT (where applicable).
3.3 A delivery charge will be applied at checkout depending on the delivery address you specify and the weight and dimensions of the products selected. Please view our Delivery Charges.
3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price. You may choose between (i) a refund, (ii) the option to change your order, and (iii) the confirmation of your order at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
4.1 We deliver to any address in Leinster, Waterford and East Cork in the Republic of Ireland. Please view our delivery information page for further details.
4.2 Orders generally require a signature to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person to whom the order is addressed. If no one is available to accept the delivery you will receive a card to advise that a delivery has been attempted. We reserve the right to charge you for storage, re-delivery or both.
5.1We reserve the right to withdraw any product from sale at our sole discretion.
5.4 The reproduction of colours is as accurate as the photographic and production process will allow. We will not have any liability to you for any minor variations in the style or presentation of the products.
6.1 If for any reason you wish to cancel any order you have placed, you have the right to do so EXCEPT for:
- fresh food products,
- perishable goods,
- any food which by its nature cannot be returned to us for food safety reasons,
- goods customised to your specification or
- personalised goods.
Please see further details in our FAQ
6.2 Where products have been delivered to you, and you have a right under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001, you may cancel them within 7 working days, starting from the day after the products were received by you. If you cancel your order (see the procedures below), any delivery charges will be refunded, however, if only part of your order is cancelled, the delivery charge will not be refunded.
6.3 The following procedures apply to cancel your purchase:
6.3.1 You can either email firstname.lastname@example.org or telephone our Customer Services Team on + 353 868186170 . If you have contacted us to cancel before delivery of your goods, though your order will be cancelled, we may not be able to interrupt delivery (except possibly if cancellation takes place within 6 hours after placing your order). Please refuse any delivery of cancelled goods or return them to us as soon as possible (and in any event no later than 30 days from receipt). In the meantime you must take reasonable care of them.
6.3.2 You will be responsible for the direct cost of returning the cancelled goods.
Note that this cancellation policy only applies where you have a right under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001, and not otherwise.
7. Damaged and Defective goods
When your products are delivered, please check that the order is complete and not damaged. In the event that your order is visibly damaged, do not accept the order and enter on the order confirmation email or delivery note “Damaged” along with a brief description of how or where the item is damaged.
If you have accepted the item(s) and subsequently discover that they are damaged or defective, you are entitled to a refund or replacement. Where a replacement is not possible e.g. because the product is no longer available or stocked by BF, then a refund will be offered. You will be entitled to a refund of the purchase price, including a refund of your delivery charges and including the cost of you returning the product to BF as set out below.
You must contact BF (by email or by telephone) as soon as possible, preferably the same day as receipt, and provide evidence to BF of the damage or defect (such as by sending a photograph of the damaged or defective product and clearly describing the problem).
Please note that for our delivery companies to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the item(s). Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may not be entertained. Please retain all original packaging.
If we request you to return the damaged or defective goods to us, you must do so promptly, and the postal cost of return of the goods will be borne by BF.
These terms and conditions do not in any way affect your statutory rights.
8. Acts of God
BF is not liable for increased shipping costs, loses or delays of items due to Acts of God.
9. Union Actions/disputes
The Company is not liable for increased shipping costs, loses or delays items due to third party Union actions where The Company are not directly involved in the related negotiations for the dispute.
10. Chilled Meat Box products
Please note Meat boxes containing chilled goods are specially insulated boxes for such products. Please open and refrigerate the chilled products as soon as possible after delivery (where possible), even if this is for an interim period prior to further transportation. (i.e. Whilst in your office or facility). Failing this please store the Meat Box in a cool dark or cold location.
11.1 Our liability to you in connection with any order will not exceed the total price charged for the products.
11.2 We will not in any way be liable to you for any indirect or consequential loss or damage or any loss of profits or lost opportunity, howsoever such loss or damage arises. We will only be responsible for direct loss and damage that you suffer as a result of our breach of these Terms of Sale to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only: where you use them in the course of a business, we exclude (to the fullest extent permitted by law) any warranties and conditions relating to fitness for a particular purpose and our liability shall not in any event include business losses such as lost profits or business interruption.
11.3 Nothing in clause 7 above shall limit or affect our liability resulting from any products sold being unsafe or unfit for human consumption or if something we do negligently causes death or personal injury.
11.4 You may not transfer any of your rights under these BF Terms of Sale to any other person. We may transfer our rights under these BF Terms of Sale and sub-contract our obligations (for example the processing of payment, order fulfilment and the delivery of products) to another person or business where we reasonably believe your rights will not be adversely affected.
11.5 If you breach these BF Terms of Sale and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these BF Terms of Sale.
11.6 We shall not be responsible for any failure to deliver or for any other breach of these BF Terms of Sale caused by circumstances beyond our reasonable control.
11.7 All matters concerning or arising from the use or our Website and the ordering of any products shall be conducted in English.
11.8 These BF Terms of Sale shall be construed and governed according to the laws of Ireland and the Irish courts shall have jurisdiction in all disputes arising from your dealings with BF.