Terms and conditions for the use of this site
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
- Introduction
1.1 Please read these terms and conditions carefully before using the web site operated by Gray Retail Limited (‘Gray Retail Limited,’ ‘we’ or ‘us’). In particular, we draw your attention to clauses 7 (Applicability of online materials) and 11 (Liability).
1.2 By using or accessing our web site, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our web site.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our web site.
- Nature of our web site
2.1 Our web site is a place for you to view the products we may offer for sale from time to time (the ‘Products’). Our web site describes the Products in more detail.
- Buying products on our web site
3.1 To order a product you must contact Gray Retail Limited by telephone, email or fax. Contact details are given on our website. Details of our prices for the Products, and the procedures for payment are displayed on our web site.
3.2 Please note that we do not deliver goods ordered. Goods ordered must be uplifted from our Farm Shop at Milton Haugh, Carmyllie, Arbroath, Angus, Scotland DD11 2GS U.K. in terms of Condition 3.4 hereof. The shop hours are 9 a.m to 5 p.m , Monday to Saturday and 10 a.m. to 5 p.m. Sunday.
3.3 You may pay by credit or cheque at the time of order or at the time of uplifting the Products. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.4 Gray Retail Limited is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by (i) online electronic means to the email address you have given us; (ii) fax to the fax number you have given us; or (iii) by post to the postal address you have given us on ordering (“Confirmation of your Order”).
3.5 Products ordered but not paid for in advance will be available for collection by you on the date specified in Confirmation of your Order and will be held for you to collect for twenty four hours thereafter, failing which your order will be deemed to have been cancelled. In the case of perishable goods, the foregoing period of twenty four hours will not apply, and your order will be deemed to have been cancelled if the product is not collected and paid for on the date specified in the Confirmation of Order.
3.6 Products ordered and paid for in advance, but not uplifted will be disposed of after one month, except in the case of perishable items, which will be disposed of after one week.
3.5 You undertake that all details you provide to us for the purpose of purchasing goods which may be offered by us on our web site will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit card details before providing you with any goods. You further undertake that any cheque that you may offer in payment for the goods offered by us on our website will not be dishonoured by the Bank on which it is drawn.
- Returns
4.1 With the exception of perishable goods, which are identified as such on our website, you may return any Products you have purchased within 7 working days of collection for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including email) within those 7 working days. You will then be entitled to a refund from Gray Retail Limited, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to Gray Retail Limited – on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
4.2 If:
” the Product available for collection in terms of Clause 3.4 hereof is not what you ordered, or does not correspond with its description or is not available for collection in terms of Clause 3.4 hereof;
” the Product delivered is not of a satisfactory quality; or
” the Product is not fit for any other purpose for which you have bought it and you notified Gray Retail Limited of this purpose before purchase, and Gray Retail Limited has not informed you that the Product is not fit for that purpose;
Gray Retail Limited will, at its option, offer you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product.
4.3 If you have any complaints, you should direct them to us via email at customerservice@miltonhaugh.com or by post at Milton Haugh Farm Shop, Milton Haugh, Carmyllie, by Arbroath, Angus, Scotland, DD11 2GS, UK.
- Modifications to web site
We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, and/or the sale of new Products shall be subject to these terms and conditions.
6.Information you provide
6.1 The following applies to any information you provide to us, for example during any ordering process:”You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide goods or services which are available through our web site by us or our sub-contractors. If you obtain or choose to buy Products then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
” You must ensure that the Personal Information you provide is accurate and complete and that all ordering details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at data@miltonhaugh.com
6.3 In addition, the following also applies to all messages, e-mails, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):
“you must own or have the right to submit Content for publication on our web site;
“you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
“we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
- Applicability of online materials
7.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.
7.2 Our web site is controlled and operated by us from our offices at Milton Haugh, Carmyllie, Arbroath, Angus, Scotland. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
7.3 We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.
- Copyright and monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Gray Retail Limited or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/ or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- Linked sites,
Gray Retail Limited make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Gray Retail Limited and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Gray Retail Limited endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
- Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
- Liability
11.1 We promise that for any Product you purchase from us:
” we have the right to sell the Product to you;
” the Product will correspond with the description we have given to you; and
” the Product will be of satisfactory quality; and
” will be fit for any other purpose for which you have bought it and you notified Gray Retail Limited of this purpose before purchase, and Gray Retail Limited has not informed you that the product is not fit for that purpose;
Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products, our web site or any information provided through our web site.
We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis.
11.2 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with viewing our web site or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Gray Retail Limited or our servants, agents or any other person.
11.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
11.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- General
12.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
12.3 These terms and conditions together with the privacy policy and any order form; if any, are the whole agreement between you and Gray Retail Limited. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Gray Retail Limited or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy and order form.
12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.5 These terms and conditions and your use of our web site are governed by the law of Scotland and you submit to the non-exclusive jurisdiction of the Scottish Courts.
12.6 Neither you nor Gray Retail Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Gray Retail Limited respective reasonable control.
12.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
- Notices
13.1 All notices shall be given:
” to us via email at info@miltonhaugh.com; or
” to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if” it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
- Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/ or sale of the Products.