BACKGROUND:
This agreement applies as between you, the User of this Website and Farmsense, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account” |
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website; |
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“Carrier” |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
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“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; |
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“Goods” |
means any products that Farmsense advertises and / or makes available for sale through this Website; |
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“Farmsense” |
means Farmsense Limited “Docklands”, Dock Road, Lytham, Lancashire, UK FY8 5EY; |
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“Service” |
means collectively any online facilities, tools, services or information that Farmsense makes available through the Website either now or in the future; |
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“Payment Information” |
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
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“Purchase Information” |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
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“Premises” |
Means our place(s) of business located at “Docklands”, Dock Road, Lytham, FY8 5EY; |
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“System” |
means any online communications infrastructure that Farmsense makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
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“User” / “Users” |
means any third party that accesses the Website and is not employed by Farmsense and acting in the course of their employment; and |
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“Website” |
means the website that you are currently using (http://www.farmsense.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside Farmsense’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Farmsense is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Farmsense cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Farmsense, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Farmsense.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Farmsense or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.farmsense.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Farmsense. To find out more please contact us by email at info@farmsense.co.uk or Tel: 0800 867 283.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Farmsense or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Farmsense reserves the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that Farmsense may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11. Accounts
11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
a) Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Farmsense accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Farmsense immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Farmsense accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either Farmsense or you may terminate your Account. If Farmsense terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Farmsense terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Farmsense reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Farmsense correspond to the actual Goods, Farmsense is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size, model, colour, number (a s applicable) of the Goods that you are purchasing.
13.3 Farmsense does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. Farmsense reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Farmsense processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All Farmsense produced products include VAT, however other items we sell may not include VAT in the list price. Farmsense’s VAT number is 534550946.
14. Delivery
14.1 Farmsense will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 If Farmsense receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
Farmsense aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Farmsense is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Farmsense within 28 days to arrange collection and return. Farmsense is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Farmsense within 10 days and arrange collection and return. Farmsense is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Farmsense within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
15.6 If you wish to return Goods to Farmsense for any of the above reasons, please contact us using the details here to make the appropriate arrangements.
15.7 Farmsense reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1 Any use or enjoyment that you may have already had out of the Goods;
15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
b) Such discretion to be exercised only within the confines of the law.
16. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
17. Disclaimers
17.1 Farmsense makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst Farmsense uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
18. Changes to the Service and these Terms and Conditions
Farmsense reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Farmsense is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 Farmsense accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, Farmsense accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Farmsense’s liability for death or personal injury resulting from any negligence or fraud on the part of Farmsense.
20.3 Nothing in these Terms and Conditions excludes or restricts Farmsense’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Farmsense.
24. Communications
24.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@farmsense.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 Farmsense may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Farmsense shall be governed by and construed in accordance with the Law of England and Wales and Farmsense and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
TANGERINE HOLDINGS
Standard Terms and Conditions for the purchase of goods and services
1. Definitions
The following words used in these conditions of purchase shall have the meanings set out as follows:
“Conditions of Purchase” means the terms and conditions set out herein.
"Due Date" means the date stated in the Order for delivery of the Goods and/or Services.
"Goods" mean the articles and things, tangible or intangible or any part of them described in the Order, which are supplied to the Purchaser by the Supplier;
"Order" shall mean the Purchaser’s purchase order document and, where used, Specification specifying the Goods and/or Services to be supplied.
"Purchaser" means either AgriLloyd, Vetplus, Carr & Day & Martin, Farmsense or Day, Son & Hewitt (as appropriate);
"Services" means any services or facilities or any part thereof described in the Order and provided to the Purchaser by the Supplier;
“Specification” means the Purchaser’s specification document accompanying or within the Order detailing the Goods and/or the Services required.
"Supplier" means the person, firm or company to whom the Order is addressed and sent.
2. Application of these conditions
2.1 These Conditions of Purchase shall apply to the exclusion of all other terms and conditions of the Supplier save for those set out in the Order or otherwise agreed by the Purchaser in writing which shall take precedence in the event of conflict with these Conditions of Purchase.
2.2 No variations to the Order or to these Conditions of Purchase or any assignment of the Order by the Supplier shall be binding on the Purchaser unless confirmed by the Purchaser in writing.
2.3 The Order shall remain valid for a period of 2 weeks following which it shall expire unless accepted by the Supplier in writing within such time and prior to any notice of cancellation by the Purchaser.
3. Documents
3.1 The Supplier must send a signed acknowledgment of the Order, agreeing to the quality, quantity, price and delivery schedule as stated on the order.
3.2 Where applicable the supplier must send a relevant Certificate of Analysis 24 hours before the planned delivery of the goods to coas@tangerineholdings.co.uk.
3.3 The Supplier shall enclose a packing note with the Goods and the Order number shall be endorsed on all packages.
4. Quality
4.1 The Goods shall be of sound materials and workmanship and conform as to quantity, quality and description with the detail stated in the Order and/or Specification. Goods supplied against samples or patterns shall be equal in all respects to the samples or patterns. If a standard of performance is specified, the Goods shall be capable of the required standards. Goods shall comply with all relevant statutory industry standards and any rules applicable to the premises where the Goods are to be delivered. Any Goods supplied shall be properly packed and secured in order to enable them to reach their destination in good condition.
5. Inspection
5.1 The Purchaser reserves the right at any reasonable time to inspect the Goods, whether complete or in manufacture, but such inspection shall not relieve the Supplier of any obligations under the Order.
6. Delivery
6.1 Any Goods and/or Services shall be supplied by the Supplier on or before the Due Date to the place or places specified in the Order or as subsequently specified in writing by the Purchaser.
7. Passing of property
7.1 The property in the Goods and/or Services shall pass to the Purchaser on delivery or payment of the invoice; whichever is the earlier, in accordance with the Order.
8. Price and Payment
8.1 The price for the Goods and/or Services shall be as set out in the Order. Invoices shall be submitted by the Supplier on or after the supply of the Goods and/or Services.
9. Damage in transit
9.1 The Purchaser shall notify the Supplier within 10 days of any apparent damage to Goods whilst in transit.
10. Rejection
10.1 By notice in writing to the Supplier the Purchaser may reject any or all of the Goods if:
10.1.1 The Goods have been damaged in transit; or
10.1.2 The Goods fail to comply with Clause 4, and the Supplier shall collect the rejected Goods within one month from the date of notice.
10.2 If the Supplier fails to collect the Goods, the Purchaser may dispose of them or return them at the Supplier's expense.
11. Guarantee
11.1 Unless otherwise stated on this Order, the Goods shall be guaranteed to the standard set out in Clause 4 for 12 months from the delivery of the Goods.
12. Liability for accidents and damage
12.1 The Supplier shall indemnify the Purchaser in respect of all damage or injury to any person including the Purchaser or to any property and against all actions, suits, claims demands, cost, charges and expenses arising in connection therewith caused by:
a) The negligence of the Supplier, his subcontractors, employees or agents,
b) Defective design (other than a design made, furnished or specified by the Purchaser and for which the Supplier has disclaimed responsibility in writing within a reasonable time before issue of the Order or any amendment thereto), defective material or defective workmanship.
12.2 The Supplier shall not be liable to the Purchaser for any loss or profits or of contracts except as expressly provided in the Order.
13. Cancellation
13.1 The Purchaser may cancel the Order in whole or in part by written notice, which shall be effective immediately:
13.1.1 When Goods conforming to the requirements of Clause 4 have not been delivered by the Due Date;
13.1.2 If the Supplier becomes bankrupt or insolvent or makes an arrangement of composition with its creditors or has a winding up petition made against it, or has a liquidator or receiver appointed or enters into liquidation (whether voluntary or compulsory) other than for the purpose of amalgamation or reconstruction.
13.2 The Supplier shall refund to the Purchaser any advance payment for Goods the subject of 13.1.1 above.
13.3 The Purchaser shall be entitled to recover from the Supplier any additional costs, which have been reasonably incurred by the Purchaser in obtaining the Goods and/or the Services not supplied by virtue of the cancellation.
13.4 If the Supplier defaults on the obligations in 13.2 above the Purchaser may deduct such sums from any monies due to the Supplier from the Purchaser.
14. Intellectual Property
14.1 The Supplier warrants that all royalties and fees on patented articles, processes and registered designs have been paid and hereby indemnifies the Purchaser in respect of copyright, patent, registered design or other intellectual property rights.
15. Confidentiality
15.1 The specifications, patterns, drawings, samples and information issued by the Purchaser in connection with the Order are confidential and their use must be confined to the Supplier, his subcontractors or employees solely for the execution of the Order.
16. Assigning or sub-letting
16.1 The Supplier shall not assign or sub-let any part of the Order unless written consent has been provided by the Purchaser.
17. Law
17.1 English Law and the jurisdiction of the English Courts apply.
PROMOTIONAL TERMS & CONDITIONS
FARMSENSE DIRECT Special Offers 2011/12
September / October 2011 edition – Rotaplus 10 for 8, Maxigro 4 for 3, Supamint 12 for 10, Ketosin 9 for 12, Free Calf Feeder, Free Heat Retention Sleeve: Offers end 30th November 2011. Red Biddy £25 offer: Offer applies to FARMSENSE-branded products featured in the September/October 2011 edition only. Applicable products as follows: SUPAMINT, NUTRIMAX CATTLE, KETASIN, RED BIDDY, ROTAPLUS, NATURES MIRACLE, DIAREX, HORNEX, NUTRIMAX SHEEP, COPPAVIT. Order thresholds as stated. Offer ends 30th November 2011.
Offers supersede any previously published offers. No cash alternatives are offered or implied. No retrospective claims will be honoured.
Promoter: Tangerine Holdings (FARMSENSE), Docklands, Dock Rd, Lytham, FY8 5AQ
December / January 2012 edition – Multilam 3 for 2, Rotaplus Paste 10 for 8, Nutrimax Sheep 4 for 3, Nutrimax Cattle 4 for 3, Free Calf Feeder, Free Heat Retention Sleeve, Supamint 10 for 6, Ketosin 6 for 5, Diarex Free Penknife: Offers end March 31st 2012. Fleece jacket £150 offer: Offer applies to FARMSENSE-branded products featured in the December/January 2012 edition only. Applicable products as follows: NUTRIMAX Sheep, MAXIBOOST, MULTILAM, VELORON, OVICOL, NATURES MIRACLE, NUTRIMAX CATTLE, ROTAPLUS BOLUS, ROTAPLUS PASTE, SUPAMINT, KETOSIN, RED BIDDY, HORNEX, DIAREX. Order thresholds as stated. Offer ends January 23rd 2012. One free gift per customer, per order.
Offers supersede any previously published offers. No cash alternatives are offered or implied. No retrospective claims will be honoured.
Promoter: Tangerine Holdings (FARMSENSE), Docklands, Dock Rd, Lytham, FY8 5AQ
January 2012 Lambing Special edition – Nutrimax Sheep 4 for 3, Coppavit 4 for 3, Coppavit Bolus 4 for 3, Free Veloron (Ovicol), Multilam 3 for 2. Offers end 31st March 2012. Penknife, Secateurs, Fleece & Jacket offer: Offer applies to FARMSENSE-branded products featured in the December/January 2012 edition only. Applicable products as follows: NUTRIMAX SHEEP, COPPAVIT, COPPAVIT BOLUS, OVICOL 250/500g, OVICOL SACHETS, OVICOL 1kg, OVICOL 2.5kg, MULTILAM, MAXIBOOST, VELORON. Order thresholds as stated. Offer ends March 31st 2012.
Offers supersede any previously published offers. No cash alternatives are offered or implied. No retrospective claims will be honoured.
Promoter: Tangerine Holdings (FARMSENSE), Docklands, Dock Rd, Lytham, FY8 5AQ
