If you have any questions about our terms and conditions, just contact us, we'll be pleased to assist.
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
The terms and conditions for business to consumer sales are followed by the terms and conditions for business to business sales.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: G. Denny & Sons Ltd.
Our address is: Market Place, Harleston, Norfolk. IP20 9AH. Registered in England. Registerered Number: 00508749. VAT Number: GB 105390987.
You are: visitor to Our Web Site / our customer
The Terms and Conditions for Business to Consumer Sales
1 Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods and delivery services advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If we do not have the Goods you order in stock, we will offer you alternative goods before we despatch your order or an alternative delivery date. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are taken from us by the Carrier.
2.9 You agree that you will not order age-restricted products such as knives or knife blades on behalf of anyone under 18 years of age.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
3.5 Prices are in Pounds Sterling and include VAT at the current rate, but they do not include charges for delivery or handling.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
4.3 You are responsible for keeping your password confidential and for all activities that are carried out using your user name or password. We may disable your username or password at any time.
4.4.1 To ensure that your credit, debit or charge card is not being used without your consent, and to verify your age when purchasing age-restricted items, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made.
4.4.2 In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
4.4.3 All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
5 Delivery
5.1 Deliveries will not be made to addresses outside the United Kingdom.
5.2 Deliveries will be made by a method of our choosing and that may differ from that advertised.
5.3 Deliveries will be made to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 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.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery, or we may deliver the goods only once they all become available.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Goods returned
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
7.2 In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;
7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.5 If you do not return the Goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.3.7 the security of data sent over the internet.
8.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
10.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
11 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
The Terms and Conditions for Business to Business Sales
1 Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made.
2.4 Unfortunately, we cannot guarantee that Goods advertised on our website are available.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 28 days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
4.3 If you order more than one item, you must pay us the full price of your order before we will send any part of it.
4.4 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
4.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
5 Delivery
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 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.
5.3 We may deliver the Goods in installments if they are not all available at the same time for delivery.
5.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5.5 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
7 Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
7.1 You must tell us by email message you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
7.2 We do not accept returns unless there was a defect in the Goods at the time of purchase or we have agreed in correspondence that you may return them.
7.3 The Goods must be returned to us as soon as any defect is discovered.
7.4 So far as possible, Goods should be returned:
7.4.1 with both goods and all packaging as far as possible in their original condition;
7.4.2 securely wrapped;
7.4.3 including our delivery slip;
7.4.4 at your risk and cost.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any Content on Our Website;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
9.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10 Your email address
10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
11 Your Material
11.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
11.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
11.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
11.4 You represent and warrant that:
11.4.1 you own the rights to all of the Material that you post;
11.4.2 any fact stated in your Material is accurate;
12 System Security
12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
13.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
13.1.1 copyright works;
13.1.2 commercial audio, video or music files;
13.1.3 any Material which violates the law of any established jurisdiction;
13.1.4 unlicensed software;
13.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
13.1.6 links to any of the material specified in this paragraph;
13.1.7 pornographic Material;
13.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
13.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
13.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
13.2.2 The sending of junk mail;
13.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
13.2.4 Excessive and repeated posting off-topic messages to newsgroups;
13.2.5 Excessive and repeated cross-posting;
13.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
13.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
14 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15 Miscellaneous provisions
15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
15.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
15.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Signed by the parties
Signed by Charles Adkins duly authorised for G. Denny & Sons Ltd., Market Place, Harleston, Norfolk, IP20 9AH. Telephone: 01379 852248. E-mail: see our contact page.
Signed electronically by [visitor to Our Web Site / our customer] duly authorised for [your company if applicable]
Copyright Andrew Taylor and Net Lawman Ltd 2002-07
