Terms And Conditions
1. Introduction
1.1 The RootsLOCAL.co.uk website is owned and operated by RootsLOCAL.co.uk LIMITED, a company registered in England whose registered office is at PO Box 1275, Bedford, MK41 7UF. If you have any reason to contact us, you will find our details at the end of this document, or under the ‘Contact Us’ tab on the website.
1.2 Our website is provided to you free of charge for personal use, subject to the Terms and Conditions laid out in this document. By using our website and services you are bound by these Terms and Conditions
1.3 These Terms and Conditions including without limit section 15 (RootsLOCAL.co.uk Ltd’s Liabilities) do not affect your statutory rights.
2. Registration
2.1 To order from us, you must be a registered customer. This is referred to as ‘Registration’ on the website and in any literature produced by us. This is not a credit account, this is for your customer details only, and payment will be required before delivery of goods.
2.2 You must be aged 16 years or over to register with us.
2.3 You must ensure that details provided by you on registration, or at any time, are correct and valid.
2.4 Therefore you must inform us immediately of any changes to the information that you provided upon registration. This can be updated on the website, under the ‘Registration’ tab.
2.5 The personal and financial details you give to us are governed by a strict privacy policy, please read the separate document under the ‘Terms and Conditions’ and ‘Privacy’ tabs.
2.6 We will use these details for this purpose and for sending you information about our products, prices and services. You will find detail in our ‘Privacy Statement’
2.7 Upon the successful set up of an account, we will send you our ‘New Customer Notification’ which confirms our contact details, confirms the application of these terms and conditions and provides information about cancellation or orders and other matters. For your records, please print or save these terms and conditions for future reference as referred to in section 10 marked ‘Intellectual property’
3. Password and Security
3.1 When you register to use our website you will be requested to create a password. This password must be kept confidential and not divulged to anyone, or stored in a decipherable format. You will be responsible for all orders and activities that occur under this password. If you know or suspect that someone else knows your password you should notify us immediately.
3.2 If we have a reason to believe that there is likely to be a breach of security or misuse of our website, we may require you to change your password or we may suspend your account.
3.3 The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in ‘Product Purchases’ section). Auto login should therefore only be enabled if you are certain that it will not be misused by anyone else. We do not advise using auto login if you have a shared or networked computer.
4. Payments
4.1 For the best shopping experience RootsLOCAL use the ‘Barclaycard and Paypal’ secure online credit/debit card systems.
4.2 You must ensure that Barclays or Paypal are provided with the details of a valid credit or debit card bearing either Mastercard, Visa, Switch or Delta on it. You must update the merchant with any changes to these details.
4.3 Your credit card details will only be retained by Barclaycard or Paypal and our acquiring bank.
4.4 In the case of a suspected fraudulent transaction, card details may be disclosed to the store/merchant for the sole purpose of performing further checks. The store/merchant is not permitted to retain these details.
4.5 Pricing structure – wel sell our goods in minimum quantities. There is a minimum spend which is exclusive of any delivery charges.
4.6 Your card will automatically be charged for the goods which you have purchased 24 hours prior to the arranged date of delivery.
5. Purchases
5.1 You may submit orders by using our online ordering facility at any time after you have created an account. The facility and any communication with us will be in the English language. The website will allow you to review your order and make any necessary amendments or corrections before submitting your final order to us. By submitting that order, you confirm that you have made any such amendments and that the order submitted is for the goods you require.
5.2 Your submission of an order amounts to an offer to enter a contract to buy the goods from us; you cannot then withdraw or cancel your order, except in the conditions laid out below.
5.3 No order is accepted from you until we confirm this in writing (for the purposes of these Terms and Conditions, writing will include email) or by delivering the goods. A contract for our sale of products to you arises from our acceptance of your order.
5.4 Where we accept an order, we will do all we can to ensure that order is fulfilled; products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting the order. If we are unable to deliver an item you have ordered, we will inform you of this as soon as we are aware, and will remove this product from your order, and it will be supplied with your next order, subject to availability. We will, however, bear no liability for unavailability of products.
5.5 All products offered by us are subject to occasional change in price. This is particularly likely with fruit and vegetables which are subject to seasonality and price fluctuation. We will endeavour to warn you of any changes to the price or availability of items in our range. However, we reserve the right to change our prices and products without notice to reflect such changes. Current prices will always be clearly stated on the website or in any catalogue we produce. These can also be obtained by telephoning the office.
5.6 Some of our products are priced by weight. The guide weight and associated price are for guidance only. The weight you receive may vary from this guide and the price you will be charged will only be for the weight of the product that we deliver.
5.7 Ordering a product from us carries with it the obligation to pay for it unless we receive from you a legitimate or accepted cancellation. All deadlines are advertised on our website, and we are also happy to inform you of these deadlines by telephone if you so wish. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day of delivery. These products may have been obtained especially for your order and we may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to your next order, or at your request a refund can be arranged.
6. Delivery
6.1 Delivery will be made to the address specified by you on the completed order form.
6.2 You are responsible for making suitable arrangements to receive your delivery and completing the delivery section on the website. In the event that your delivery is stolen from the designated delivery location or damaged while there or else deterioration or perishing of goods caused as a result, we do not accept liability. We will offer compensation at our own discretion. We reserve the absolute right to refuse to accept orders from any customer; considerations of delivery restrictions may give rise to such refusal.
6.3 We endeavour to deliver your goods on the delivered date, but we reserve the right to change it temporarily or permanently and will inform you if we do so.
6.4 If we are unable to deliver to you, or we deliver late, for reasons beyond our control, for example adverse weather, road traffic, vehicle breakdown, strike action or supplier failure, we cannot accept any liability for inconvenience or loss this causes.
6.5 If we attempt to deliver your order to the delivery address but there is nobody there to accept the order, unless indicated in your delivery requirements that you were happy for the goods to be left at the delivery location, the driver will leave notification of attempted delivery and you will need to contact our office to arrange a separate delivery date and time. We do not accept any responsibility for deterioration of goods due to unsuccessful initial delivery.
6.6 If, for any reason, we have to return to deliver the goods, a further charge to the value of the initial delivery fee will become payable provided that delivery is attempted at the agreed time.
6.7 Please not that we only deliver to a specified area. To check that we deliver to your locality, please enter your postcode on the website ‘Delivery’ tab.
6.8 We always reserve the right to deliver only to the main entrance of the delivery address, or to such other location that will be agreed with us in advance. Our driver will only go beyond this point where, a. The driver has permission and b. Our driver believes it is safe and practical to do so.
7. Excluded Services
Obviously, it is your responsibility, at your cost, to obtain a computer, internet access and connectivity, telecommunications or other necessary equipment or services to access our website.
8. Intellectual Property
8.1 All content and programming of our website is the property of RootsLOCAL.co.uk LTD. You may retrieve and display the content of our website on a computer screen, store such content on electronic format on a disk (but not on any server or storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content of our website without our permission.
8.2 No licence is granted to you in these Terms and Conditions to use any trade mark of RootsLOCAL.co.uk LTD, or any of its affiliates or licensors.
9. Availability of the website
9.1 Although we aim to offer you the best service possible, we make no promises that our services will meet your requirements and we cannot guarantee that the service will be problem or fault free. If a fault occurs in the service, please report it to us and we will correct the fault as soon as we reasonably can.
9.2 Your access to our website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities and services. We will restore the service as soon as we reasonably can. In the event that the website becomes unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order either by telephoning the office or by email.
10. RootsLOCAL.co.uk’s right to cancellation
10.1 We may suspend or cancel any order or your registration immediately at our absolute discretion or if you breach any of your obligations under these Terms and Conditions.
10.2 You can cancel your registration with us at any time by informing us in writing, in this circumstance in writing is by recorded delivery letter. If you do so, you must stop using our services, including the website.
10.3 The suspension or cancellation of your registration shall not affect either parties' right or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
10.4 Any other provisions of these Terms and Conditions applicable to the use of our website together with and including our liabilities shall survive cancellation.
11. Customer cancellations
11.1 As a customer of RootsLOCAL.co.uk your orders can be cancelled up to 7 days prior to despatch, when a full refund, minus any administration costs, will be credited. Please note that orders cannot be cancelled by email.
11.2 Any orders cancelled with less than 7 days' notice will be refunded less any charge for perishable goods which cannot be resold.
11.3 This refund will take place within 30 days.
11.4 All goods must be returned in good condition. The refund will be made less any charge for perishable items once the goods have been returned, suitably packaged.
11.5 Notification of cancellation must be in writing by letter of fax. Email will not be acceptable in this circumstance.
12. Returns of non-perishable items
12.1 Should you feel it necessary to return an item, we aim to make the returns process as simple as possible.
12.2 If you are unhappy with one or more non-perishable items, simply return them in the original packaging within 14 days of dispatch to you, and we will give you a full refund for these products, or replace them.
12.3 This refund will take place within 30 days.
12.4 Your statutory rights are not affected.
13. RootsLOCAL.co.uk’s liabilities
13.1 Our website is provided “as is” without any warranties or guarantees save those set out in these Terms and Conditions.
13.2 Whilst we try to ensure that material included in our website is correct, reputable and of high quality, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our website. If we are informed if any inaccuracies in the material on the website, we will attempt to correct them as soon as we reasonably can.
13.3 We disclaim all liabilities in connection with the following;
a) technical problems including errors or interruptions of our website but we will use reasonable endeavours to correct or avoid them
b) incompatibility of our website with any of your equipment, software or telecommunications links
c) unsuitability, unreliability or inaccuracy of our website but we will take reasonable care to ensure information there is accurate
d) inadequacy of our website to meet your requirements
13.4 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for:
a) any consequential or incidental or indirect damages;
b) loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
c) any other loss or damages, whatsoever that arises out of or is related to our website, or it’s use.
13.5 We shall collect, process, store and transfer your personal data in compliance with the relevant EU and UK data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by the legislation and regulation.
13.6 Nothing in this section seeks to limit or exclude our liability in respect of products sold through its website.
13.7 Nothing in these Terms and Conditions shall limit or exclude Buy?? our liability for personal injury or death caused by its negligence.
14. Third Party Websites
As a convenience to our customers, our website may include links to websites or materials which are beyond its control. We are not responsible for content on any website outside of our website, even if it is reached by the RootsLOCAL.co.uk website.
15. International use
15.1 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing our website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the website from locations outside of the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
15.2 We deliver to a limited area of the UK; information on this is available on the site, and we cannot deliver our products outside of the specified delivery area.
16. Applicable law
16.1 These Terms and Conditions shall be governed and construed in accordance with the laws of England.
16.2 The English courts will have exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
17. Miscellaneous
17.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.
17.2 If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of the remaining provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
17.3 A person who is not party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
18. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by upon registration or via a suitable announcement on our website. The changes will apply to the use of our website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from us or use our website. If you continue to use our website after the date on which the change comes into effect, your use of our website indicates your agreement to be bound by the new Terms and Conditions.
RootsLOCAL.co.uk LIMITED
Telephone: 0845 880 7055
Email: info@RootsLOCAL.co.uk