Terms & Conditions of Sale
This legal notice applies to all purchases made by you through the website www.childsfarm.com (“the Site”). The Site is operated by Childs Farm Limited (Company No. 07454284), which has its registered address at Childs Farm Limited, The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ (“Childs Farm”/”we”, “our”, “us”). Childs Farm’s VAT number is 110 452568.
Please read these Terms & Conditions of Sale – ( “Terms and Conditions”) carefully before ordering any of the products listed on our Site (“Products”). You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Site.We may amend these Terms and Conditions from time to time as set out in clause 11. Every time you wish to order Products, please check these Terms and Conditions to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 22 November 2020.
Terms and conditions of sale
1. Contacting us
to cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. In the first instance, please email us at email@example.com with the following information:
the Products you orderedorder datedate received (if applicable)your name & address
alternatively you can complete the cancellation form (see bottom of this page). A link to the cancellation form will be included in our Order Confirmation and Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
you can also write to us at Childs Farm Ltd, The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ. If you are writing to us please include the above details to help us to identify your order. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
to contact us for any other reason, including because you have any complaints, you can contact us by telephoning 01635 926000 or by e-mailing us at firstname.lastname@example.org or by post to Childs Farm Ltd, The Barn, Kestrel Court, Basingstoke, Hampshire, RG24 9HJ. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Although we have made every effort to ensure that our descriptions of the Products are as accurate as possible, we cannot guarantee that your computer/device will display the images 100% as we intended and the descriptions and images of the Products (including their packaging) on the Site are intended only to give a general description of the Products.
Please note that a list of ingredients and general directions for use for each of the Products are available on the “Shop” section of the Site https://www.childsfarm.com/collections/all. However, if you have any specific medical or allergy issues, you should always seek medical advice before using the Products.
We may change the Products from time to time:
- • to reflect changes in relevant laws and regulatory requirements, provided that these will not affect the quality or utility of the Products; and
- • to implement minor technical adjustments and improvements.
If we need to make more significant changes to the Products between the date we accept your order and dispatch the Products we will notify you to check you wish to proceed with the order.
3. Eligibility to use this site to order products
By placing an order through the Site, you confirm that:
- • you are purchasing the Products as a consumer, and will not re-sell the Products;
- • you are aged 18 or over; and
- • all details you provide to us are true, accurate, current and complete in all respects.
4. Availability, prices and information
All Products are offered for sale subject to availability.
The price for the Products shall be the price listed on the Site on the date of your order inclusive of VAT but exclusive of delivery charges, which will be added to the total amount due and shown at the “Checkout” stage of the ordering process before you confirm your order. To check relevant delivery charges, please refer to our “Shop” pages of the Site https://www.childsfarm.com/collections/all.
We aim for all prices listed on the Site to be correct at the time of entering the information. We shall be under no obligation however to fulfil an order for Product(s) that were listed at an incorrect price. If you order Product(s) and the price published is incorrect for any reason, we will contact you to inform you that your order has been cancelled. You will be advised of the correct price of the Product(s) and you may re-order it if you wish. If you have already paid for the Product(s), we shall refund the full amount paid. Should you choose to re-order at the correct price, a separate transaction will occur.
Payment must be made by the payment methods listed from time to time in the “Shop” and “Checkout” sections of the Site.
5. Ordering on the site
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. You are responsible for ensuring the accuracy of your order.
Once you click on the “Confirm Order” button, we treat you as having made an offer and payment will be taken in order to purchase the Product(s) subject to these Terms and Conditions.
We will send you an email to confirm receipt of your order. This does not mean that your order has been accepted: we will then also send you an e-mail confirming when the Product(s) have been dispatched (“Dispatch Confirmation“). It is only at the point when dispatch is confirmed that your order is accepted and a contract for the supply of the Product(s) covered by that Dispatch Confirmation is formed between us (“the Contract“).
The Dispatch Confirmation will be sent to the email address provided when you placed your order. The Contract will only relate to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have formed part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.
You should print off and retain the Dispatch Confirmation for your records. Please check that all the details on the Dispatch Confirmation are correct and contact us as soon as possible if you become aware that any of the details are incorrect.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. We will refund any money paid by you in respect of that order.
6. Personal data
Childs Farm is registered with the UK Information Commissioner’s Office under, and will process your personal data in accordance with, the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018
Your Dispatch Confirmation will include an estimated delivery date which will be within 30 days of the date if the Dispatch Confirmation. Occasionally our delivery to you may be affected by an event beyond our reasonable control. See clause 11 for our responsibilities when this happens.
The Product(s) will be delivered to the address provided when you placed your order and risk of damage to or loss of the Product(s) shall pass to you at the time of delivery to that address, even if the Product(s) have not been received by you in person. You own the Products once we have received payment in full, including all applicable delivery charges.
Any times quoted for delivery are estimates only and we will not be liable for any failure to deliver the Product(s) on the estimated delivery date. However, if we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
- • we have refused to deliver the Products;
- • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- • you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under the above provisions, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event 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 by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
8. Payment; Gift Cards and Voucher Codes
We accept payment with Visa, Mastercard, and American Express debit and credit cards. You must pay for the Products before we dispatch them but we will not charge your credit or debit card until we dispatch the Products to you.
In addition to the credit and debit cards referenced above you can pay for Products using gift cards (“Gift Cards”) available for purchase from the Site or third parties. Gift Cards may be subject to the terms and conditions of the outlets from which they are purchased and You must additionally comply with such terms and conditions. Purchases will be deducted from the redeemer’s Gift Card balance. Any unused Gift Cards balances will be placed in the redeemer’s account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining sum must be paid with another payment method. No fees apply to the use of Gift Cards.
Gift Cards, including any unused balances, expire on the date provided on the relevant Gift Card. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, Unused balances cannot be transferred. Refunds given for purchases paid for with a Gift Card will be given in the form of a Gift Card in the relevant sum.
We are not responsible for any Gift Cards used without your permission.
Where from time to time we issued voucher codes, such codes must be used within the time period provided. Voucher codes are issued subject to availability and can be withdrawn without notice at any time. Only one voucher code can be applied to an order and will only apply to full priced, non-sale items. Voucher codes cannot be used to purchase Gift Cards or bundles (such as buy 1 get 1 free offers). Voucher codes can only be used on this Site and additional exclusions may apply as set out in relation to specific Products from time to time.
Vouchers codes cannot be resold, transferred for value or redeemed for cash. Refunds given for purchases paid for with a voucher code will be given in the form of a voucher in the relevant sum (ie the sum paid for by voucher will be refunded by issue of a further voucher).
9. Cancellation and returns of products
We want you to be totally satisfied with the Product(s) that we provide to you. We set out below your rights in relation to returning the Product(s).
The address for returning Product(s) to us is Childs Farm Ltd, The Barn, Kestrel Court, Vyne Road, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ.
You change your mind:
As a consumer, you have legal rights to cancel a Contract during the periods set out below and receive a refund. Advice about your legal right to cancel is available from your local Citizens’ Advice Bureau or Trading Standards office.
If you wish to cancel a Contract and return the Product(s) to us, then provided the Product(s) remain in the same condition that you received them and, specifically, remain unopened, you may do so at any point within 14 days from the day after receiving them subject to the paragraph below. The Products are provided as sealed for health and hygiene purposes and you do not have a right to cancel a Contract under this clause 9 if you unseal the Products after you receive them.
We may make a deduction from the reimbursement for loss in value of the Products resulting from unnecessary handling of the packaging by you. We will make the reimbursement no later than 14 days after the day we receive the Products back from you. Please note that we will only refund the standard first class delivery charges if you cancel the order within the relevant cancellation period (as set out in the table below). After this period, we are entitled to deduct the delivery charges from the amount refunded to you. Please also note that if you requested additional services such as Next Day or Recorded Delivery, then the additional charges incurred by you for these services will not be refunded to you.
Your Contract - End of the cancellation period:
- (a) Where the Contract is for Product(s) that are all delivered on the same day: The end date of your right to cancel is the end of 14 days after the day on which you receive the Product(s).Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
- (b) Where the Contract is for Products which are delivered on two or more different days: The end date of your right to cancel is 14 days after the day on which you receive the last instalment of the Products ordered.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Products on 10 January and the last instalment on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
- (c) Where the Contract is for the regular delivery of a Product over a set period: The end date of your right to cancel is 14 days after the day on which you receive the first delivery of the Products.Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
How to cancel
To cancel a Contract under this clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form (see bottom of this page) on the Site. A link to the cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or get in touch by post to Childs Farm Ltd, The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ.
If you are e-mailing us or writing to us please include the following details of your order to help us to identify it: Products you ordered; Order date; Date received (if applicable); Your name & address.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
Returning Products and Refunds
If a Product has been delivered to you before you decide to cancel your Contract: then you must return it to us unopened not later than 14 days after the day on which you let us know that you wish to cancel the Contract. The returns address is Childs Farm Ltd, The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ.
Unless the Product is faulty or not as described (see below), you will be responsible for the cost of returning the Product(s) to us. We will make any refunds due to you as soon as possible and in any event within the following deadlines:
- • if you have received the Product: the earlier of 14 days after the day on which we receive the Product back from you and 14 days after you provide us with evidence that you have sent the Product back to us;
- • if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract. We will refund you by the same method that was used by you to pay.
Our Returns Policy https://www.childsfarm.com/pages/returns provides additional details in relation to returns.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund set out above. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Our Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to fulfil our obligations to you under a Contract, we are responsible for loss or damage you suffer that as a foreseeable result 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 a Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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, for fraud or fraudulent misrepresentation, and for defective products under the Consumer Protection Act 1987.
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.
11. Other important terms
(a) We may transfer our rights and obligations under these Terms and Conditions to another organisation.
(b) You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
(c) Nobody else other than you and us has any rights under these Terms and Conditions.
(d) If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
(e) If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, 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.
(f) These Terms and Conditions 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.