Terms & Conditions

This website is owned and managed by Witherslack Orchards (“we”).

These Terms and Conditions apply to any and all use of this website. By visiting witherslackorchards.co.uk, you are accepting and consenting to the practices described in the Terms and Conditions. The Company's website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms and Conditions. We may modify the Terms and Conditions from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. If you do not agree to be legally bound by all these Terms and Conditions, you may not access or register or use witherslackorchards.co.uk and should exit immediately.

If you are below the age of 16 then please get a parent or guardian’s permission before using witherslackorchards.co.uk.

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy.

We may change these Terms and Conditions from time to time. Any changes to these Terms and Conditions shall be effective immediately following the posting of any such changes on witherslackorchards.co.uk. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by Witherslack Orchards Ltd. Your continued use of witherslackorchards.co.uk after changes are posted means you agree to be legally bound by these Terms and Conditions as updated and amended.

Rights

All the contents of this website (including all intellectual property and other rights in that content and in its arrangement) are owned by Witherslack Orchards Ltd, its subsidiaries or affiliates.

Use

You many not use our website for any unlawful purpose. You may not copy, reproduce, download, broadcast, transmit, publish, store, modify, or otherwise commercially exploit or use any of our website, without Witherslack Orchards Ltd’s written permission.

You may access and review all pages of our website and print individual pages of the site (but you may not photocopy them other than for your own personal, non-commercial use). Except as set out in this paragraph, no licence is granted to use any intellectual property or other right in or to our website in any manner whatsoever.

Contributions

To the extent that portions of this website provide you with the opportunity to post reviews, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Witherslack Orchards Ltd. In no event shall Witherslack Orchards Ltd assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site.

You hereby represent and warrant that you have all necessary rights in and to all Postings that are provided under your user name and password and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

You hereby authorise Witherslack Orchards Ltd to use your Postings in whole or in part, on a royalty-free basis throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.

Third Party Hyperlinks

The appearance of external hyperlinks does not constitute endorsement by Witherslack Orchards Ltd, its subsidiaries and affiliates of the opinions or views expressed by these third party websites, and Witherslack Orchards Ltd does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Witherslack Orchards Ltd is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Witherslack Orchards Ltd nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Witherslack Orchards Ltd will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

Limitations of Liability

The content of our website is provided without any representations or warranties of any kind (whether express or implied by law), and all such representations and warranties are (to the fullest extent permitted by law) hereby excluded.

Neither Witherslack Orchards Ltd, its subsidiaries or affiliates shall be liable for any direct or consequential loss or damage (whether arising from any use or loss of data, loss of profits, loss of business or otherwise) arising in connection with the use of our website.

The only personal information we collect on this site is your email address, and we only ask for that if you sign up for our newsletter. Your email address is only used by us, and you can unsubscribe using a link on the email at any time. We use a third party agent to send our emails, but your information is not shared with any other companies – we hate spam as much as you. No other personal details are collected on this website.

We also use a technology called cookies to learn about how visitors use the site – but this information is strictly anonymous (we cannot see who is looking at what), this is done using a service called Google Analytics made by Google.

Data Protection

We reserve the right to keep all customer details, including but not limited to Names, addresses, contact details and purchase history, on the Company ordering system, The Company computers and paper copies where necessary at our Head Office until such time that we deem it suitable to destroy them. We will take all reasonable steps to ensure all information remains confidential. Please see our Privacy Policy for further details.

Description of Products

Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Site as up to date as possible, the information, including Product Descriptions, appearing on this Site at a particular time may not always reflect the position at the exact moment you place an order. We will take all reasonable care to ensure product pictures provide as accurate a representation of the product as possible – please note that screen resolutions differ from device to device and although we have made every attempt for colour accuracy, please contact the Company Customer Services if you have any questions. Colours may vary and display the product differently, according to your individual device, and the Company is not held liable for these differences.

Although every effort is made to ensure that the goods purchased are 100% free of damages and defects, due to the handmade nature of the majority of our products, minor imperfections are to be expected in certain pieces and will not be deemed as defects, or reason for return. For further explanation of this clause, please contact customer services regarding the specific item that you are interested in.

Payment

On point of purchase The Company will take full payment in advance of production times (where applicable) and delivery. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery. You confirm that the method of payment that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Refusal of Transaction

We reserve the right to withdraw any products from this Site at any time and/or remove or edit any materials or content on this Site. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Site whether or not that product has been sold, removing or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products on this Site and lawfully enter into and form contracts on this Site under English law you must:

Register by providing accurate information including: your name, phone number, email address, payment details and other requested information
Be over 16 years of age
Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Defective, Faulty or Damaged Goods

In the highly unlikely event that your order arrives damaged or faulty please email juice@witherslackorchards.co.uk within 24 hours of receipt of goods. Although every effort is made to ensure that the goods purchased are 100% free of damages and defects, due to the handmade nature of the majority of our products, minor imperfections are to be expected in certain pieces and will not be deemed as defects, or reason for return. For further explanation of this clause, please contact customer services regarding the specific item that you are querying.

You will be required to supply evidence in the form of, but not limited to, photographs to corroborate any claims of the outer packaging of the product(s), inner packaging of the product(s) and the product(s) itself. We will endeavour to repair or replace the damaged or faulty goods and require full cooperation from the receiver in order to assist.
Although an extremely rare occurrence, we do not accept any claims for damage caused by the customer.

During the returns process of the item (please see full Delivery, Returns & Exchanges Policy for further details), the contract of sale between Witherslack Orchards Ltd and the customer is still valid and subject to the Contract

Cancellation terms.

We reserve the right to request that any defective, faulty or damaged pieces are returned to the Company premises in their original packaging for testing and repair or replacement if necessary and the costs of return will be met by Witherslack Orchards Ltd in the first instance in order to process the return of the goods for further inspection. The costs of such return will be deducted from any applicable refund due to the customer if the defect, fault or damage is found to be the result of the customer or the customer's agent's actions. This is including but not limited to incorrect assembly of pieces causing irreparable damage, physical damage (such as scuffs, scratches and dents) caused during home installation and tampering with goods in such a way that they no longer have the same physical appearance or functionality as when they were delivered.

Non-Bespoke & Non-Special Orders

Order acceptance and the completion of the contract between you and Witherslack Orchards Ltd will take place on the dispatch of the products ordered by you, unless we have notified you that we do not accept your order or you have cancelled it in accordance with the “Contract Cancellation” section of these terms and conditions. Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock
The product you ordered carrying an unexpected lead time not already stated at time of purchase
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
Not meeting the eligibility to order criteria set out in the Terms & Conditions

If there are any problems with your order, you will be contacted by our Customer Services Representatives within 1-2 working days.

We reserve the right to reject any offer to purchase by you at any time. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from the Site.

Refunds

Credit or debit card - Refunds are made to the same credit or debit card from which the payment was received.

Contract Cancellation - Consumer Contracts Regulations

You are entitled to cancel this contract if you wish to do so, provided you exercise your right no longer than 14 consecutive days after the day on which you receive your delivery (excluding bespoke orders – please see below). To exercise your right of cancellation you must give written notice to Witherslack Orchards Ltd via letter or email with full details of your order. Notification by telephone is not sufficient.

If you exercise your right of cancellation after the items have been delivered to you, our Customer Services team will contact you to arrange the suitable return of your order in accordance with our Returns Policy. Witherslack Orchards Ltd returns collection will be made via a preferred courier of our choosing and we will discuss the best day for collection, excluding weekends and holidays, with you. Alternatively, you can choose to return the item via a courier or postal service of your choice. Further, you must take reasonable care to ensure the items are not damaged in the meantime or whilst in transit. Witherslack Orchards Ltd reserves the right to refuse a refund on the item, or deduct up to 100% of the original selling price from the refund amount if we find that the product has not been returned to us in it’s original and fully resalable condition. Products that fall into the following categories will not be refunded unless they are proven to be faulty;

If you wish to exercise your right to cancel this contract prior to order dispatch, please email juice@witherslackorchards.co.uk or call Customer Services on 079 840 50665 immediately. If your order has already been dispatched please follow the procedure set out in Delivery & Returns once it arrives with you.
This does not affect your statutory rights.

What is VAT

VAT is a tax that's charged on most goods and services that VAT registered businesses provide in the UK. This tax is included within the product price of those applicable via UK law.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Telephone number: 079 840 50665
Contact e-mail address: juice@witherslackorchards.co.uk
Company No. 12188034