TERMS & CONDITIONS
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print or keep a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Contacting us
To contact us, please write to FARM & STABLE SUPPLIES LLP at Omega House, Hazleton Interchange, Lakesmere Road, Horndean, PO8 9JU, UK.
2. Our Products
2.1 The images of the Products on our site and in our catalogue or other publications (“our publications”) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images in our publications.
2.3 All Products shown in our publications and on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.
This clause 3 only applies if you are a consumer.As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4. If you are a business customer
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you agree to purchase Products.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.
5. How the contract is formed between you and us
5.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, 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 5.2.
5.2 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3 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 or our publications as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. Our right to vary these terms
6.1 We may revise these Terms from time to time.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7. Your right of return and refund
7.1 In order to make a return, you must follow the procedure set out on the Shipping and Returns section of our site.
7.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 7.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.3 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products or products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods or other goods such as wormers, feed additives and manuals which have been opened and specially constructed items;
(d) goods that consist of certain hazardous substances;
(e) any static-sensitive goods supplied in sealed packaging if the blister or ‘peel’ packs in which they are supplied have been opened, tampered with or damaged;
(f ) POM-V, POM-VPS, NFA-VPS and AVM-GSL products.
7.4 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please
see clause 7.6.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card or debit card used by you to pay.
7.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.9 Without prejudice to clauses 7.1 to 7.8 or your statutory rights:
(a) any Products returned which are not identical in composition, size, colour, specification and finish as those in our catalogue or on our site and have been obtained by us at your request will only be refunded at our absolute discretion;
(b) where an order has been cancelled within 28 days of receiving the Products, we will examine the returned Products within a reasonable time. Where Products are found to be defective, the price of the Products will be refunded in full; where Products returned in accordance with this clause 7.9(b) are found not to be defective, we reserve the discretion to decide whether to accept the return and to deduct a re-stocking charge of 30% of the price of the Products from any refund to you.
7.10 All Products must be returned unused, in their original packaging and in a re-saleable condition (to be determined in our absolute discretion) and (subject to clauses 7.1 to 7.8) you will be responsible for the costs of returning the Products to us. Subject to clauses 7.1 to 7.8, costs of delivery to you (if any) will not be refunded.
7.11 In case of inconsistency, the provisions of this clause 7 shall override any other provisions dealing with Product returns set out on our site.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us.
8.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Additional delivery charges may be levied by us in respect of any such rearranged delivery.
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9. International delivery
9.1 If you order Products from our site for delivery outside of the UK, your delivery charges will be separately agreed with you and your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site or in our publications from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was published. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product as advertised 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 Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page. The price of a Product may increase in case a small order handling charge is applied. Details of such charges are as quoted on our site from time to time. To check the charges, please refer to our Delivery Charges page.
10.5 Our site and our publications contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site or in our publications may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product 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. Please note that we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can pay for Products using a debit card or credit card or via PayPal.
11.2 Payment for the Products and all applicable delivery charges is in advance and Products will only be despatched once payment has been received in full.
12. Manufacturer guarantees
12.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
12.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. Our liability if you are a business
This clause 13 only applies if you are a business customer.
13.1 We supply products for internal use by your business, and unless your business activity routinely involves the sale of such Products, you agree not to only use the Product for any re-sale purposes.
13.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever 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:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f ) any indirect or consequential loss.
13.4 Subject to clause 13.2 and clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of £50,000 or 200% of the price of the Products.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.
14. Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
18. Rewards4More Scheme
18.1 The Rewards4More Scheme is operated by us as a goodwill gesture towards our customers. We reserve the right at any time and on immediate notice to:
(i) terminate the Rewards4More Scheme without compensation to any party;
(ii) withdraw and terminate all rights and obligations that exist, which have accrued or may accrue pursuant to the Rewards4More Scheme without compensation to any party.
19. Veterinary medicines regulations
19.1 Authorised Veterinary Medicines are granted a specific distribution category. The distribution categories under the Veterinary Medicines Regulations are:
(a) Prescription Only Medicine – Veterinarian (abbreviated to POM-V). Prescribed by a veterinary surgeon and supplied by either a veterinary surgeon or a pharmacist. Farm & Stable Supplies LLP holds a Wholesale Dealers License (No. WDA15736) and is able to supply veterinary surgeons. (Previously POM, MFS and some P products) with these products, These products are not available for sale to the retail customer by Farm & Stable LLP.
(b) Prescription Only Medicine – Veterinarian, Pharmacist, Suitably Qualified Person (abbreviated to POM-VPS). Prescribed by one of the Registered Qualified Persons and supplied by any one of them.
(c) Non-Food Animal – Veterinarian, Pharmacist, Suitably Qualified Person (abbreviated to NFA-VPS). Supplied by any one of the Registered Qualified Persons (previously PML and some P products). Farm & Stable Supplies LLP holds a Wholesale Dealers License (No WDA15736) and is able to supply these products to veterinary surgeons and other merchants who have approved registered premises and is also able to supply these products to suitably qualified persons who comply with the latest code of practice as issued by the Veterinary Medicines Directorate.
(d) Authorised Veterinary Medicine – General Sales List (abbreviated to AVM-GSL). Supplied by any retailer (previously GSL products). There are no legal restrictions for the retail supply of veterinary medicines classified as AVM-GSL (“over the counter” medicines) but a responsible approach to the supply of these medicines is still expected.
Farm & Stable Supplies LLP holds a Wholesale Dealers Authorisation (No WDA15736) and is able to supply these products to veterinary surgeons and other merchants who have approved registered premises and is also able to supply these products to suitably qualified persons who comply with the latest code of practice as issued by the Veterinary Medicines Directorate.
19.2 Product descriptions, dose rates, veterinary classifications, and similar matters, (where provided) are given in good faith and are believed to be correct. They are however not complete and written confirmation should always be sought from the manufacturer and/or your governing body in respect of ingredients which may contravene doping controls. Farm & Stable Supplier s LLP accepts no liability for any inaccuracies or omissions in relation to product descriptions, dose rates, veterinary classifications, and similar matters.
20. Customer Branded Products
20.1 In the event that we brand any of our products for you:
(a) you are responsible for making sure that any branding you submit or is done on your behalf is accurate and complete;
(b) you will indemnify us against all liabilities, costs, expenses (including legal expenses), damages and loss incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights as a result of us branding the products for you;
(c) you take full responsibility to make sure that the product does not contravene the rules of competition;
(d) we reserve the right to keep the designs of your labels as Farm & Stables own intellectual property and to make use of it for marketing purposes.
Website terms and conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
Other applicable terms
- Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
Information about us
trmsupplements.co.uk is a site operated by FARM & STABLE SUPPLIES LLP (Registered in England & Wales No. OC360161) (“We”, “we” or “us”). Our principal office is at Bridgelands, Ingrams Green, Midhurst, GU29 0LJ, UK.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it .
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and at our discretion.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply .
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy .
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site at our discretion, or if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy ,
The views expressed by other users on our site do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
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.
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 to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy .
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email [email protected] .
Thank you for visiting our site.
The Rewards4More Scheme is operated by us as a goodwill gesture towards our customers. We reserve the right at any time and on immediate notice to:
- terminate the Rewards4More Scheme without compensation to any party;
- withdraw and terminate all rights and obligations that exist, which have accrued or may accrue pursuant to the Rewards4More Scheme without compensation to any party.
Acceptable Use Policy
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards .
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use .
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Auction sites.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
FARM & STABLE SUPPLIES LLP (Registered in England & Wales No. OC360161) (“We”, “we” or “us”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is FARM & STABLE SUPPLIES LLP (Registered in England & Wales No. OC360161) of Bridgelands, Ingrams Green, Midhurst, GU29 0LJ, UK.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site (our site ). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Where we store your personal data
[All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology].] Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If the interests in FARM & STABLE SUPPLIES LLP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Bridgelands, Ingrams Green, Midhurst, GU29 0LJ, UK.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Auction Terms and Condition
1. Our auction service
These Terms will apply to any Services and any sale by auction on our site.
Please read these Terms carefully and make sure that you understand them before using the Services.
Please note that by using the Services and the auction facility on our site (whether as a seller or a buyer or in any other capacity), you agree to be bound by these Terms.
We reserve the right to change these Terms at any time. Amendments will take effect when posted on our site. However, the Terms current as at the start of a particular transaction will apply until that transaction is completed.
2. Our role
Our site provides a place for us and other sellers to auction and sell goods and services and for customers to bid for and buy them. [We do not have and never intend to have any contractual involvement in your transactions and at no stage auction, buy or sell or purport to auction, buy or sell any of the products displayed on our site. Any disputes between buyers and sellers are just that: we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept. Our site is open to users from anywhere in the World and we recommend particular care before dealing with overseas customers, in particular from jurisdictions where the risk of fraud is greater. You should note that some customers will hide their true location and may appear to be based in the UK when they are not.]
3. Registration and qualification to use the Services
3.1 You are required to register with us by completing the registration form on our site and submitting it to us. Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use the Services. Any individuals who are unable to form legally binding contracts are prohibited from using the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
3.2 On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.
4. Information you provide
4.1. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration, listing or bidding process.
4.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address and other requested details.
We use third party services such as Paypal to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
6. Availability of our site
While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.
7. General rules governing bidding and buying
7.1 To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If you are the highest bidder after an auction has closed and the seller accepts your bid, you must complete the transaction.
7.2 Sellers are entitled to set applicable minimum bid or reserve requirements and are not entitled to change these during the auction period. You may not retract a bid except in exceptional circumstances, for example where the seller has materially changed the description.
7.3 Your placing of a bid entitles us and any seller to rely on your bid and as a result you warrant and undertake that you have the legal right to make such a bid and to enter into any such transaction.
7.4 If you bid for an item on our site, you acknowledge and agree that if you have placed the highest bid at or above any reserve price, you have entered into a contract with the seller to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller. Sellers may refuse to accept your order for whatever reason.
7.5 You agree that we will commence our service to you immediately on processing your payment, and you will therefore not have any right of cancellation, whether under section 10 of The Consumer Protection (Distance Selling) Regulations 2000 or otherwise. Please check the refund policy of our third party payment providers – Paypal for further details of their refund conditions.
8. General rules governing listing and selling
8.1 In relation to all goods you sell or offer for sale through the Services:
8.1.1 you must be the absolute unencumbered legal owner with the right to sell those goods; and
8.1.2 your sale or the use of the goods must not infringe any third party rights or be unlawful in any way and the goods must not be on our current prohibited items list.
8.2 If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’. Once an item becomes a Listed Item, you are making an irrevocable offer to auction or sell.
8.3 Any seller receiving at least one bid at or above any stated applicable minimum or reserve requirement is obliged to complete the transaction with the highest bidder following closure of the auction unless the buyer fails to meet the terms of the listing or the seller is unable to authenticate the identity of the buyer or the buyer does not have sufficient financial capacity.
8.4 A Listed Item will remain listed on the site until:
8.4.1 it is sold; or
8.4.2 the seller-specified listed time expires.
8.4.3 If you list items for sale at a reserve price, you have the option to consider bids received below that reserve price.
8.5 You must not contact any buyers directly in a sale of Listed Items whether offered by you or another seller.
8.6 You must not directly or indirectly place bids on Listed Items you offer for sale on our site or manipulate bidding in any other way.
9.1 All sellers must pay a registration fee on listing for each Listed Item at the rates specified on our site at the time of such listing.
9.2 All buyers must pay sellers for items using such method of payment as the seller may have specified. Payments shall be received in the currency specified on the website and all prices are exclusive of VAT and other applicable taxes, delivery charges and insurance.
9.3 Buyers are responsible for any costs of delivery and any insurance costs unless otherwise specified by the seller.
9.4 Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
9.5 We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
11.1 act inconsistently and in breach of these terms and conditions;
11.2 at any time violate or attempt to violate any rights of any other user of the Services or third party;
11.3 are engaged in any fraudulent activity, or we reasonably believe that you are so involved;
11.4 fail to make any payments due to us in accordance with these terms; or
11.5 otherwise act in a manner which we, in our absolute discretion, deem inappropriate or inconsistent with the Services we offer.
12 Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
13 General release and Indemnity
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THIS CLAUSE
13.1 [As discussed, we act merely as an introductory service providing a facility allowing sellers and buyers to come together, the former to list and sell items and the latter to bid for them and buy them.
13.2 Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings or the capacity of any seller or any buyer to transact.
13.3 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
13.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and our site and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
13.5 You further agree to indemnify and keep us indemnified from any losses, liabilities, costs or claims from any third party that we may suffer or incur in any way directly or indirectly in relation to your use of the Service including but not limited to any information included in a listing.
13.6 Your acceptance of these terms and conditions also acts as a general release of us (and all of our officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our site.
13.7 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our site. From time to time our site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
13.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
14. Applicable law
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
15. Events beyond our control
We will not be in breach of these Terms or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
17. Entire agreement
These Terms, together with any document expressly referred to within these Terms, contains the entire agreement between us relating to the subject matter covered and supersedes any previous charters, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.