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Terms & Conditions

Welcome to Ashby's Fruit & Vegetable Supplies! When you use the services provided on our site, you're agreeing to our terms, so please take a few minutes to read over the terms of use ("Terms of Use") below.

Please note, you are entering into a legally binding agreement.

Please read these Terms of Use carefully before using the website and services offered by Ashby's Fruit & Vegetable Supplies.

These Terms of Use set out the legally binding terms and conditions for your use of the website. These Terms of Use from time to time. Please check these Terms of Use to ensure you understand the applicable terms. These terms and conditions were last updated on 19th May 2020.

By using the Ashby's Fruit & Vegetable Supplies' Website in any manner, including but not limited to visiting or browsing Ashby's Fruit & Vegetable Supplies, you (the "user" or "you") agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

If you have any questions, please contact us.

 

SCOPE

 

The Ashby's Fruit & Vegetable Supplies shop acts as a venue and sales outlet. Ashby's Fruit & Vegetable Supplies is an online food products and other items.

Whilst we try to ensure that material included on our Website is correct, we cannot guarantee this will always be the case.

We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of our products at any time or for any period.

From time to time, we may restrict access to any or all of the  products and to users who have registered with us. Any personal data and other information provided by you will be processed by us in accordance with our Privacy policy. By providing any such personal data or other information you agree to the terms of our Privacy policy.

 

PURCHASING VIA OUR WEBSITE

To order from the Ashby's Fruit & Vegetable Supplies' products, you may register, or checkout as a guest. 

We reserve the right to refuse custom to customers who have breached any of our terms.

These services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

In addition, you agree to abide by the Company’s policies as stated in the Terms of Use and the Company policies listed below (if applicable), as well as all other operating rules, policies and procedures that may be published from time to time on the Website, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time.

In addition, some services offered through our shop may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You understand that a breach of any of the Terms of Use may result in your use of services on the Website being restricted.

 

PASSWORD AND SECURITY

When you register to use the Ashby's Fruit & Vegetable Supplies' Website you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately.

If we have reason to believe that there is likely to be a breach of security or misuse of our Website we may require you to change your password or we may suspend or cancel your account.

 

PURCHASING PRODUCTS ON THE  WEBSITE

After you place an order, you will receive an order confirmation that we have received your order. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order. This confirmation email will signify acceptance of your order and a legally binding contract will be formed.

We will do all that they can to ensure that your order is fulfilled. Products are, however, subject to availability, market and weather conditions and seasonal changes so there may occasions that a Product is not available for delivery. If we are unable to deliver an item you have ordered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.

The images of the Products listed on the Website are stock photographs used for illustrative purposes only. Although wewill make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Website are for information purposes only.

You may submit orders  by using our online ordering facility on the  Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity of order of each item in your shopping basket when you choose to check out. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'place order'. You will be able to make amendments or corrections to your orders up until they are sent to the producer. Deadlines are specified on the Website.

Your submission of an order amounts to an offer to enter a contract to buy the Products from the individual Producers. Subject to the paragraph above, you cannot then withdraw or cancel your order except as stated above.

All prices for Products are inclusive of any applicable VAT.

For more information on ordering please contact us.

 

DELIVERY

Please note that delivery is only available in a limited area (GLASGOW CITY).

If delivery is available to your postcode, we will make delivery to the address provided by you at checkout.

There may be costs involved in home delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon  the value of your order, and the date and time of your delivery and your delivery address and charges may vary from week to week.

We always aim to deliver your goods within the delivery window, but we cannot accept liability if we deliver the goods outside of this window or don't deliver all or any of the goods in your order.

You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.

Please inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by mailing us on ashbysfruitandveg@gmail.com. We will replace or refund you for defective Products; otherwise our liability is limited.

 

PAYMENTS

We use third party payment handlers to processes all payments made via the Website. These services are offered on the Website as a means of payment. We use Shopify payments for our card transactions. By ordering via our website you agree to Shopify's terms and conditions.

 

CANCELLING YOUR ORDER

In respect of non-perishable items, you have the right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14th working days after the day on which you receive the goods you ordered. Please note that you do not have a right under the CCRs to cancel orders in respect of food or other perishable items.

Any paid delivery charge will be included in your refund once we have received all (not part) of your order. Please note the delivery charge refund will be to the value of standard delivery. We will process your refund within 14 days of receipt of the returned products. You must take reasonable care of the goods while in your possession and they must be returned in a saleable condition such that they can be returned to the relevant Producer before we can issue your refund.

If you wish to return non-perishable items that you have ordered, please return your order together with your name, address, signature and the date you are returning the order to Ashby's Fruit & Vegetable Supplies, 77 Hyndland Street, Glasgow G11 5PS.

Products should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, at your cost, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

The Ashby's Fruit & Vegetable Supplies' social media channels can give you an opportunity to leave reviews about our service. This helps our users to share factual information and personal opinions about Products, and provide views and opinions on a variety of topics.

Users may have the ability to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information where available to do so, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right to remove or edit such content. If you believe that any content on our social media channels or website contain a defamatory statement, or that your intellectual property rights are being infringed by an item or information on these channels, please notify us immediately.

We do not claim ownership rights in your content. If you post content or submit material, and unless we indicate otherwise, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You agree to allow Ashby's Fruit & Vegetable Supplies to store or re-format your content on the Ashby's Fruit & Vegetable Supplies' website or social media channesl and display your content in any way we choose. We will only use personal information in accordance with our Privacy policy.

By uploading content on our social media channels you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Ashby's Fruit & Vegetable Supplies' Website. All such rights are reserved.

We own, or are the licensee to, all right, title and interest in and the Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

We respect the intellectual property rights of others and we ask our users to do the same. If you are aware that any of your intellectual property rights have been infringed on the website or applications, please contact us to report the concern.

NO RELIANCE ON INFORMATION

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date.  

LIMITATION OF LIABILITY

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, delict (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

 

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

If you wish to make any use of content on our site other than that set out above, please contact us.

 

THIRD PARTY LINKS AND RESOURCES ON OUR WEBSITE

From time to time, we may also include links to other websites, which are not under the control of the Company. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

APPLICABLE LAW

Your use of our Website, these terms and conditions and the Privacy Policy and any dispute arising in connection with them is subject to the laws of Scotland. In the event of any dispute you agree to submit to the exclusive jurisdiction of the Scottish Courts.

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