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Terms & Conditions

These Terms and Conditions govern your use of the Barony Country Foods website (the "Site") and your purchase of goods from Barony Country Foods Limited. Please read them carefully as they affect your rights and liabilities under the law. By using this Site or ordering any goods from this Site you, ("the buyer", "you" or "your") agree with us to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you may not purchase any goods from this Site.

This Site is owned and operated by Barony Country Foods Limited (registered in Scotland under company number SC 181901,Vat No 717 287614, whose registered office is Carse of Ae, Lochmaben, Lockerbie, DG11 1SE. Any comments or complaints that you may have about this site or our supply of goods to you may be sent to the above address or alternatively you may email us at enquiries@baronycountryfoods.co.uk .

These Terms and Conditions do not affect your statutory rights.

Ownership of Rights

All rights including, but not limited to, copyright, trade marks, database and other intellectual property rights in this website are owned by or licensed to Barony Country Foods Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Barony Country Foods. You may not modify, distribute or re-post anything on this website for any purpose.

Accuracy of Content

Barony Country Foods Ltd has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. The weights, dimensions and capacities given are approximate only and are intended only to provide a general description of the goods. To the extent permitted by applicable law, Barony Country Foods disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Barony Country Foods shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

Amendments

We may update these Terms and Conditions from time to time and you should look through them as often as possible. The changes will apply to the use of the Barony Country Foods Site as soon as they are published.

Excluded services

The services provided by the Barony Country Foods Site do not include the provision of computer or other necessary equipment to access the Barony Country Foods Site. To use the site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur in this regard.

Damage to your Computer

Barony Country Foods makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Barony Country Foods shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Limitations of use

You may not use the Barony Country Foods Site for any of the following purposes:

- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- Gaining unauthorised access to other computer systems, interfering with any other person's use or enjoyment of the Barony Country Foods Site
- Breaching any laws concerning the use of public telecommunications networks
- Interfering or disrupting networks or web sites connected to the Barony Country Foods Site
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Barony Country Foods reserves the right to refuse to post material on the site or to remove material already posted

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

- any claim by any third party that the use of the Barony Country Foods Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Barony Country Foods Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Barony Country Foods Site by you.

Availability of the Site

Barony Country Foods cannot guarantee that the service provided through this Site will be fault free. If a fault occurs in the service you should report it to Customer Services by email at enquiries@baronycountryfoods.co.uk We will attempt to correct the fault as soon as we reasonably can.

Your access to the Barony Country Foods Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Barony Country Foods will attempt to restore the service as soon as it reasonably can.

Use of this Website from outside the UK

Those who choose to access this site from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

Availability of goods

All items are subject to availability. We will endeavour to inform you within 24 hours or, in any event, as soon as is reasonably practicable if the goods you have ordered are not available.

Ordering Errors

You are able to correct errors on your order only up to the point at which you click on "submit" on the final page of our ordering process

Acknowledgment and Acceptance of your Order

If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again or telephone you to confirm we have accepted your order. At this point the contract for our sale and your purchase of the goods shall be made and the contract shall be formed at the place from which our acceptance email is sent to you. No contract will be formed until you receive confirmation from us that we have accepted your order.

Prices

The prices listed on this Site are our prices prevailing at the time you submit your order. However, you accept that mistakes can be made when uploading prices onto the Site, or that prices may vary between when we display a price and when goods are purchased. Accordingly, we may validate your order before we accept it. Where the correct price is higher than the price displayed on your order we may contact you by e-mail or telephone to let you know the correct price and provide you with the opportunity to cancel your order.

Payment

All payments shall be made in pounds, sterling (GBP). You may pay for any goods you order from this Site using any credit or debit card that we accept from time to time by this Site, on your order form, or by telephone at 01387 860487 between 09.00 and 16.00 hrs GMT or BST (as applicable) Monday till Friday; or
fax at 01387 860487
.
Payment of the whole of the price of the goods must be received by us before we can process your order and despatch the goods to you. With each order that we deliver to you we shall deliver to you an invoice in respect of that order.

If we do not have sufficient stock of all or some of the goods in your order, we shall notify you by e-mail or telephone informing you of any suitable substitute items for you to select if you wish to change your order in this way. If there are no suitable items to replace those in your original order, we shall credit your credit or debit card with the full amount of the purchase price of the goods which were unavailable as soon as is reasonably practicable (but in any event shall be no later than 30 days from the date of your order).

Delivery and charges

Deliveries will be made by the courier appointed by Barony Country Foods at the address stipulated in your order. It is your responsibility to ensure that someone is available to accept delivery, especially as any fresh goods, particularly any form of meat products, must be refrigerated immediately upon delivery. Barony Country Foods can not be held responsible for any such fresh goods delivered to you which are not refrigerated upon delivery.

Where possible we will advise you of an approximate time and date of delivery when accepting your order. If you require a specific date and/or time of delivery please notify us with your order. We shall endeavour to meet your request but can not guarantee that the delivery can be made on a specific day or at a specific time. If this is the case we will notify you and if you wish you may then cancel your order immediately upon our notification by you, otherwise it shall be deemed that you will accept an alternative date and/or time of delivery and you shall lose your right to cancel the order for this reason.

Any stipulated period of time for delivery shall start from the date on which we accept your order and is approximate only. If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery, we shall credit your credit or debit card with the full purchase price of the goods as soon as is reasonably practicable but in any event no later than 30 days from the date of your order.

Delivery charges vary depending on the type of goods ordered and Barony Country Foods regrets that they cannot be refunded.

Barony Country Foods reserve the right to deliver the goods in instalments if the goods are not available at the same time for delivery and you are happy for us to do so.

Please note that normal delivery days are Tuesday to Friday excluding Bank and Public holidays. If you require a delivery on a Saturday a supplemental delivery charge will be made. We will advise you of the amount of the supplemental delivery charge by email or telephone when we accept your order. No orders will be accepted or deliveries made on Sundays, Bank or Public holidays.

We shall endeavour to despatch all orders for fresh foods (subject to their availability) within 48 hours of receipt and acceptance of your order. We will endeavour to arrange for delivery (subject to the courier and your ability to be present to accept delivery) within the following 48 hours if you so request.

Consumption of Goods

Consumable ambient goods must be consumed prior to the 'use by date' endorsed on the goods and chilled goods must be consumed prior to the 'use by date' or frozen within 6 hours of receipt.

Taxes

You are responsible for the payment of any import duties and taxes levied in your country of residence. We have no control over these charges and cannot predict what they might be. You should contact your local customs office for further advice.

Risk and Returns

Risk in the goods shall pass to you on the collection from our depot by the courier appointed by us.

Damaged goods

If the goods we deliver to you are damaged on arrival at your address please notify the courier upon delivery identifying the damage. If the damage is not discernible until you have the opportunity to inspect the contents of the packaging you must notify us no later than the next working day (Monday to Friday inclusive excluding Bank and Public holidays) following delivery with full details of the damage and return the goods to us in accordance with these Terms and Conditions.

We will reimburse you for the reasonable costs of returning the damaged goods to us upon proof of payment from you of such costs. We will also credit your credit or debit card with the full purchase price of the goods returned as soon as is reasonably practicable but in any event no later than 30 days from the date of receipt of notification of damage.

Barony Country Foods Liability

The Barony Country Foods Site is provided by Barony Country Foods without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The Barony Country Foods Site provides content from other Internet sites or resources and while Barony Country Foods tries to ensure that material included on the Barony Country Foods Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Barony Country Foods 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 the Barony Country Foods Site. If Barony Country Foods is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

- incompatibility of the Barony Country Foods Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Barony Country Foods Site
- unsuitability, unreliability or inaccuracy of the Barony Country Foods Site
- inadequacy of the Barony Country Foods site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Barony Country Foods Site or your purchase of goods from us.

You agree that you shall not make any claim against Barony Country Foods to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with your use of this Site or our supply of goods to you (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to goods whilst in transit, would exceed an amount equal to the value of the goods delivered to you by us under these terms and conditions. Barony Country Foods shall not be liable for any claim unless you give us written notice of the claim within 6 months of becoming aware of the circumstances giving rise to the claim or, if earlier, 6 months from the time you ought reasonably to have become aware of such circumstances.

Except as expressly provided in these Terms and Conditions, Barony Country Foods excludes all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law. Nothing in these Terms and Conditions shall exclude Barony Country Foods liability for personal injury or death caused by its negligence.

Law, Jurisdiction and Language

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.

General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Barony Country Foods ignores this, Barony Country Foods will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Barony Country Foods shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions.

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