Online Terms and Conditions of Supply of Goods

AGREED TERMS

  1. About us

    1. Company details. Vitacress Herbs Limited (company number 00786151) trading under the name Penny & Pepe (we and us), is a company registered in England and Wales and our registered office is at Lower Link Farm Lower Link, St. Mary Bourne, Andover, Hampshire, SP11 6DB. Our main trading address is Runcton Nursery, Pagham Road, Runcton, West Sussex PO20 ILJ. Our VAT number is GB 864 424 416. We operate the website https://www.pennyandpepe.co.uk/ (the Website).
    2. These terms and conditions govern any orders you place through our Website.
    3. Contacting us. To contact us telephone our customer service team at 01243 819500 or email hello@pennyandpepe.co.uk or via the ‘contact us’ section on our Website. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
  2. Account Registration and verification that you are a business

    1. We only sell our Goods (as defined in clause 5) to businesses trading in the UK mainland (excluding the Excluded Areas (as defined in clause 9.1)). We do not sell to individual consumers.
    2. In order to access, use or purchase Goods from our Website you must have registered with us. Our registration process can be found on our Website at, [INSERT LINK TO REGISTRATION PROCESS].
    3. By registering, you are confirming you have authority to bind any business on whose behalf you use our Website to purchase products and are at least 18 years old.
    4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can access and update the information you provided us within the ‘My Account’ area of the Website.
    5. By using our Website you agree to accept responsibility for all activities that occur under your account or password.
    6. At any time and at our discretion, we reserve the right to refuse registration, terminate accounts, disable any user identification or password or remove or edit any content.
    7. You warrant that you are acting as a business and not as a consumer.
  3. Protection of account details

    1. By using our Website, you agree to keep your username, password and any other information relevant to your access to the Website confidential and that you will not disclose this information any third party. You agree to take appropriate security measures to restrict access to your computer to prevent unauthorised access to your account.
    2. If you know or suspect that anyone other than you knows your username or password, you must notify us immediately at hello@pennyandpepe.co.uk.
    3. Any personal data and other information provided by you are 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, which can be found on our Website.
  4. Our contract with you

    1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    2. Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
  5. Placing an order and its acceptance

    1. Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
    2. Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    3. Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it and the details of your order, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
    4. Accepting your order. We will confirm our acceptance to you by sending you an email titled ‘Order has been Despatched’ that confirms that the Goods have been despatched. (Despatch Confirmation). The Contract between you and us will only be formed when we send you the Despatch Confirmation. Any Goods specified in your order that are not listed and confirmed as being despatched in the Despatch Confirmation do not form part of our contract with you.
    5. If we cannot accept your order. We reserve the right to change, limit, refuse, or cancel any order you place with us in our sole discretion. If we are unable to supply you with the Goods for any reason, or we need to make a change to, limit or refuse your order, we will attempt to inform you of this by contacting you via the telephone number or email address given on the order and we will amend or not process your order as applicable. If you have already paid for the Goods for which the order has been amended or cancelled, we will we will refund you the full amount including any delivery costs charged as soon as possible or if applicable only charge an amended amount.
  6. Our goods

    1. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
    2. The packaging of your Goods may vary from that shown on images on our site.
  7. Return and refund

    1. If you wish to cancel your order, please contact us immediately by emailing us at hello@pennyandpepe.co.uk. As our products are perishable, we regret that you may not cancel an order once the goods have been despatched and we will not provide any refund.
    2. Due to their perishable nature we do not accept goods by return.
  8. Delivery, transfer of risk and title

    1. Delivery will usually be within three working days of the Despatch Confirmation. All Goods will be despatched to our couriers on the next working day after you submit your order provided an order is placed before midnight of the preceding day and we have sufficient stock to meet your order.
    2. No deliveries are possible on Sundays or on UK bank holidays or public holidays.
    3. Any special delivery arrangements can be added by you when placing an order. We make no guarantee we can deliver accordingly but make every reasonable effort to do so.
    4. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens.
    5. Delivery is complete once the Goods have, at our sole discretion, either:
      1. been delivered to HERMES (or any other courier engaged by us from time to time) at HERMES’s trading address (or, if we engage any other courier, the trading address of that courier); or
      2. have been collected by HERMES (or any other courier engaged by us from time to time) from our premises, and the Goods will be at your risk from that time.
    1. Our courier will make three attempts to deliver the Goods to you in accordance with any delivery instructions you have provided. Due to their perishable nature failure to deliver the goods will result in them being destroyed. We regret we are unable to offer a refund in these circumstances. You will have the ability to track your order via the courier’s website. Details of how to do so will be provided on the confirmation of despatch email.
    2. Title to the Goods will pass and as such you will own the Goods once we have received payment in full, including of all applicable delivery charges.
    3. If we fail to deliver the Goods in accordance with clause 8.5, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
  1. No international delivery and no delivery within certain areas of the UK

    1. Unfortunately, we only deliver to addresses in the UK, with the exception of the following locations:
      1. the Scottish Islands;
      2. the Scilly Isles;
      3. the Isle of Man;
      4. the Isle of Wight;
      5. Northern Ireland; and
      6. certain areas in the Scottish Highlands,

(collectively referred to as the Excluded Areas).

    1. You may place an order for Goods from the Excluded Areas and/or outside the UK, but this order must be for delivery to an address in the UK (excluding the Excluded Areas).
  1. Price of goods and delivery charges

    1. The prices of the Goods will be as quoted on our Website at the time you submit your order and all prices are quoted in British Stirling Pounds and unless stated otherwise on our Website include delivery charges.
    2. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 10.6 for what happens if we discover an error in the price of Goods you ordered.
    3. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
    4. We may, from time to time, offer promotions or discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice.
    5. The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
    6. We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel supply of the Goods and refund you any sums you have paid.
  2. How to pay

    1. You can only pay for Goods using a debit card or credit card. We accept the following cards: Mastercard and Visa.
    2. Payment for the Goods and all applicable delivery charges is made when you place an order.
  3. Our warranty for the goods

    1. The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
    2. We provide a warranty that on delivery, the Goods shall:
      1. subject to clause 6, conform in all material respects with their description; and
      2. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    3. Subject to clause 12.4, if:
      1. you give us notice in writing within 48 hours of delivery of the Goods to you that some or all of the Goods do not comply with the warranty set out in clause 12.2; and
      2. on our request you promptly provide satisfactory contemporaneous evidence of non-compliance with the warranties in clause 12.2,

we will, at our option, replace the defective Goods, or refund the price of the defective Goods in full.

    1. We will not be liable for breach of the warranties set out in clause 12.2 if:
      1. you make any further use of the Goods after giving notice to us under clause 12.3;
      2. you alter the Goods other than in accordance with the care instructions included on the packaging of the Goods without our written consent;
      3. the defect in quality or non-conformance with the applicable description of the Goods arises as a result of, wilful damage, negligence, or abnormal storage; or
      4. the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    2. We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 12.2 to the extent set out in this clause 12.
    3. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    4. These Terms also apply to any replacement Goods supplied by us to you.
  1. Our liability: your attention is particularly drawn to this clause

    1. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. any other liability that cannot be limited or excluded by law.
    2. Subject to clause 13.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue; or
      2. loss or corruption of data, information or software; or
      3. loss of business opportunity; or
      4. loss of anticipated savings; or
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    3. Subject to clause 13.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the price of the Goods.
    4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
  2. Events outside our control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
  3. Communications between us

    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  4. General

    1. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under the Contract to another entity.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.