Terms & Conditions

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.fairhurstsfarmshop.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• 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.
• Our Cookie Policy, which sets out information about the cookies on our site.

These are the terms and conditions on which we supply products to you.

Please read these terms carefully before you submit your order to us.

These terms tell you who we are, how we will provide food products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us at hello@fairhursts.co.uk.

​Our contract with you

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

1.  If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably anticipate, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2. We will assign an order number to your order and tell you what it is when we accept your order. Please quote this number whenever you contact us about your order.
3. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

Information about us

​We are Fairhursts Catering Limited, registered in England and Wales. 

Our company registration number is 10781323 and our registered office is at Berry's Farm Shop and Cafe, Swinithwaite, Leyburn, DL8 4UH. Our VAT registration number is 279816839.

We can be contacted via email at hello@fairhursts.co.uk, by ringing +44 7301 023033 or by visiting us at Berry's Farm Shop and Cafe, Swinithwaite, Leyburn, DL8 4UH.

If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in when ordering.

• "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the content, size or colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

Our rights to make changes

Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.

Providing the products

1. The costs of delivery will be as displayed to you on our website.
2. 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.
3. If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will attempt to leave the products with a neighbour. If this is not possible, we will leave the products on your doorstep (or any other safe place as indicated by you) and leave you a note informing you of where we have left the products.
4.  Some products are perishable frozen items of food. Therefore we cannot guarantee that frozen products will be so, upon delivery. This means that all responsibility must be taken by the customer.
5. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any product then you may treat the contract as at an end immediately if any of the following apply:
   1. we have refused to deliver the goods;
   2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
   3. you told us before we accepted your order that delivery within the delivery deadline was essential.
6.  The products will be your responsibility from the time we deliver the product to the address you gave us or to a neighbour, or other safe place determined at the time of delivery.
7. We may suspend supply of the product if payment is not made. We will not supply the products to you until we have received payment.                                                                                                                                                                                                                     

Your rights to end the contract

1. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  Please note that there is an exception to these rights where the goods are perishable, as is the case with many of our goods (see Cancellations or Retunrs/Refunds for a full list of products that this applies to). 
2. When you don't have the right to change your mind, you do not have a right to change your mind in respect of our food products once they have been packed for delivery.

If you have any questions or complaints about the product, please contact us. You can write to us at hello@fairhursts.co.uk or Fairhurst's at Berry's Farm Shop and Cafe, Swinithwaite, Leyburn, DL8 4UH, or call us on +44 7301 023033.

Alcohol Sales

Fairhursts Catering recognises that some of our products, such as those that are alcoholic, can be harmful if misused and unhealthy if consumed too often. These products are age restricted as required by law, meaning that customers are required to present verification of their age when purchasing alcohol from us. 

Delivery

We will continue to offer our local delivery for those in DL8 postcodes, this will take place on a Thursday. If you wish to place an order for Thursday local delivery, the cut off time for this is 12pm lunchtime on a Tuesday. 

Thursday local delivery is £4.95.

We also offer a standard delivery option, available throughout Mainland UK at £6.95. Mainland deliveries are scheduled Monday - Friday from 9am - 5pm. Orders are dispatched using multiple couriers direct from our farm shop in Swinithwaite. 

There is a minimum spend of £25 (excluding delivery) on all orders to be delivered. 

We kindly ask that you check you have entered the correct postcode when filling out your delivery details, as we can’t be held responsible if this is quoted incorrectly by customers. 

All of our orders will be dispatched as soon as possible, usually within 2 - 5 days. Therefore we cannot guarantee that frozen products will be so, upon delivery. This means that all responsibility must be taken by the customer. 

If you would prefer weekend delivery, then please contact us on +44 7301 023033 and we will be happy to arrange this for you, for an additional charge. Similarly, if there is a specific date you would like your order to arrive, please do let us know when placing your order. We will do our best to adhere to your request.

If you would like us to print any specific delivery instructions on your parcel, please state this at checkout. 

We always try to meet our delivery deadlines, however if we are waiting on deliveries to come in it may hold things up. We will contact you with information on how you would like to proceed with your order. 

We also offer click and collect, please note that the minimum spend for these orders is £20.

Payment

The price of the product will be the price indicated on the product pages on our website and listed when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct at the time of ordering.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.

We accept payment with all major credit and debit cards.

You must pay for the products before we dispatch them. We will charge your credit or debit card at the point your order is confirmed on our website.

Cancellations

You have the right to cancel your order and claim a refund without giving any reason or justification and without incurring any liability (unless exceptions apply) within 14 calendar days of receiving the goods.

This right gives you the opportunity to examine the goods as you would be able to do in a retail store.

However, this is not applicable with perishable goods or goods that are likely to expire rapidly. Therefore excluding the ability to cancel orders on products from any of the following categories on our website:

• Butchery
• Cheese
• Dairy
• Fruit
• Vegetables
• Ready Meals (including Sides and Desserts)
• Roast Boxes
• Frozen

You can also lose your right to cancel if:

• You unseal certain goods after delivery where the seal is necessary for health protection or hygiene reasons (e.g. ready meals)
• The goods become mixed inseparably with other goods 

Please note: in the case of a customer wanting to cancel their order, we do require that they pay for the return of goods to us. 

The goods must be returned to us within 14 calendar days of the confirmed cancellation. 

If your order is in transit already, it is unlikely you will be able to cancel it before it reaches you. 

We aim to refund our customers for any cancelled orders within 14 days of either us getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage from the post office) - whichever is the sooner.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

Returns/Refunds

Fairhursts Catering do our best to ensure that all of our goods are supplied to our customers in perfect condition and that every possible precaution is taken to protect the integrity of the product that is sold.

We offer full refunds to customers if an item is faulty, not as described or does not do what it’s supposed to. We will pay the costs of repairing or replacing your faulty item if you wish for it to be replaced. We will also pay to deliver it back to you.

We offer refunds to customers if we have been told within 14 days of receiving their goods that you want to cancel. You have another 14 days to return the goods once you've told us. We will refund you within 14 days of receiving the goods back.

Please note: we do require that customers pay for the return of goods to us, granted the items were not faulty.

However, some of our products fall under those contracts exempted from the right to cancel, this includes:

• Those for goods that expire or deteriorate rapidly.

This will mean that products that fall into the following categories cannot be cancelled and/or refunded:

• Butchery
• Cheese
• Dairy
• Fruit
• Vegetables
• Ready Meals (including Sides and Desserts)
• Roast Boxes
• Frozen

Delayed/Lost Orders

If your order is late and/or does not arrive, please get in touch with us by either emailing us at hello@fairhursts.co.uk or giving us a call on 10969 624668. 

Changes to these terms

We may revise these terms of use at any time by amending this page.

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.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

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, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at 01969 624668, or hello@fairhursts.co.uk.

Intellectual property rights

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.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

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.

Viruses

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 cooperate 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.

If you wish to make any use of content on our site other than that set out above, please contact hello@fairhursts.co.uk.

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.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree 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 resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.fairhurstsfarmshop.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.fairhurstsfarmshop.co.uk is a site operated by Fairhursts Catering (we or us).

Prohibited uses

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.

Content standards

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 and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• 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. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• 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.