Terms and Conditions

1. DEFINITIONS

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;

1.5 “Seller” means Local Honey Man or www.localhoneyman.co.uk

1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 All offers, promotions and services are available for the exclusive use of web customers only.

3. ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order. No payment will be processed by the seller until such time as the Goods are ready to be despatched.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the order process.

4. PRICE AND PAYMENT

4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is INCLUSIVE of VAT. The Price EXCLUDES UK delivery charges.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the seller order page prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 Payment must be made by credit or debit transactions.

5. RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.

5.2 The Seller reserves the right to withdraw any goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6. SUBSCRIPTONS

Information about us

6.1 This website is owned and operated by Local Honey Man Ltd trading as ‘Local Honey Man Ltd’. We are a company registered in England and Wales (company number 08770358). Address for correspondence is 17a Forest Trading Estate, Priestley Way, London, E17 6AL.

The agreement between us

6.2 After placing an order you will receive an email acknowledging that we have received your order. Completing the sign-up process represents your offer to purchase goods from us, which will accepted by us when we send you an email to confirm that the product has been dispatched. Our acceptance of your order brings into existence a legally binding agreement between us. The contract relates only to the products that we have confirmed in the dispatch confirmation.

6.3 Subscription to our service consists of an first payment, followed by a recurring charge once a month, fortnight or week depending on your plan, as agreed to by you upon signing up to our services. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

6.4 By subscribing to our service you are agreeing to pay recurring charges for an indefinite time until cancelled by you or by us. You can cancel at any time (after your first box has been sent & received) and will not be charged for cancellation. You can re-subscribe at any time following cancellation.

6.5 To cancel your subscription you must log-in to your account section of the website, or alternatively email hello@localhoneyman.com requesting cancellation.

6.6 You may chose to temporarily unsubscribe to our service by using the ‘holiday payment’ feature, whereby we will not take payments we reserve the amount of breaks that you can change in a year, after which period we will continue to take payments as set out in 2.2.

6.7 We reserve the right not to renew your subscription at any time without giving any reasons for our decision. We also reserve the right not to authorise a re-subscription.

Availability and Delivery

6.8 All orders are subject to acceptance and availability. From time to time nature and the honey bees don’t always produce enough of the exact same honey, so from time to time.

We will we reserve the right to substitute one type for another and will be of equal value.

Price and Payment

6.9.1 The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

6.9.2 Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.

6.9.3 Payment for subscription products must be by Paypal.

6.9.4 Please note that Paypal Recurring Payment payments take approx 5 days to clear.

6.9.5 Ongoing subscription payments will then be taken on the payment dates set out in the dispatch confirmation email.

Risk and Ownership

6.9.6 Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

Refunds Policy

6.9.7 At this time we do not issue refunds unless your order is damaged, at which point we will issue full replacements at no cost to you. We do ask that you provide a photo of the damaged goods, so that we can relay that back to our fulfilment specialists. Please email us at hello@localhoneyman.co.uk

6.9.8 Customers can request a refund 7 days of purchase if damaged by returning the unopened product to us in its original condition; Local Honey Man Ltd will pay for the postage.

Cancellation by us

6.9.9 We reserve the right to cancel the agreement between us if:

6.10 we have insufficient stock to deliver the goods you have ordered;

6.11 we do not deliver to your area;

6.12 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or

6.13 we consider you in breach of our terms and conditions;

6.14 If we do cancel your agreement we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

Liability

6.15 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:

6.16 to make good any shortage or non-delivery;

6.17 to replace or repair any goods that are damaged or defective; or

6.18 to refund to you the amount paid by you for the goods in question in whatever way we choose.

6.19 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

6.20 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Notices

6.21 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must either be sent via email to hello@localhoneyman.co.uk or in writing and sent to our contact address at 17a Forest Trading Estate, Priestley Way, London, E17 6AL.

 Changes to legal notices

6.22 We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

Law, jurisdiction and language

6.23 This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Invalidity

6.24 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

6.24 You acknowledge and agree to be bound by the terms of our privacy policy.

Third party rights

6.25 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

7. WARRANTY

7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.

8. DELIVERY

8.1 Goods supplied within the UK will normally be delivered within 3-5 working days of acceptance of order. Outside the UK within 14 days.

8.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or cancel the order.

8.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence, and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order which must be the same address registered to the card tendered for payment. Under no circumstances will delivery be permitted to any other address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

8.6 The Seller shall not be liable for loss or damage to the goods after they have left our premises.

9. CANCELLATION AND RETURN

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

9.2 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.

9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 7 working days of receipt of the Goods.

9.4 Goods must be returned by the Buyer at the Buyer’s expense and received by the Seller no later than 7 working days from the date of returns notification and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.

9.5 The Seller reserves the right to refuse a refund if:

9.5.1 The Goods have been used.

9.5.2 The Buyer has not advised the Seller prior to returning the goods.

9.5.3 The Goods are returned without the original packaging intact.

9.5.4 The Goods are returned missing parts.

9.5.5 The Goods are returned outside permitted time allowance.

10. LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11. WAIVER

11.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12. FORCE MAJEURE

12.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13. SEVERANCE

13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14. CHANGES TO TERMS AND CONDITIONS

14.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the England and Wales courts.