Terms & Conditions

Wensleydale Dairy Products Limited Terms & Conditions Applying To Distance Sales

These Terms and Conditions apply to the sale of our goods by telephone, mail or internet order. They explain your rights and obligations. Please read them carefully. You may have other rights granted by law and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.

1. About Us
   1. We are WENSLEYDALE DAIRY PRODUCTS LIMITED. We are registered in England & Wales, our company registration number is 02735431. Our registered office is 10 Yarm Road, Stockton on Tees, United Kingdom, TS18 3NA. Our VAT registration number is 602089957.
   2. Our Contact details are:
      Address: Wensleydale Dairy Products Limited, The Dairy, Gayle Lane, Hawes
      North Yorkshire, DL8 3RN, United Kingdom
      Phone: 01969 667664
      Fax: 01969 667638
      Email: creamery@wensleydale.co.uk
   3. Except where a specific means of communication is required by a provision of these Terms and Conditions, if you have any complaints or comments about our service or any goods you purchase or wish to contact us for any reason connected with your order please contact us by any of the above means. Communication by e-mail will be regarded for the purposes of these terms and Conditions as being written communication.
2. Making a Purchase
   1. You can make a purchase by:
      1. browsing our online store and then adding any items that you wish to buy into the online shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for the delivery and payment details that we need to be able to complete the order;
      2. placing a telephone order using the contact details and the product information provided on our web site or in our current edition catalogue (please note the information set out in paragraph 4.2 in relation to web site and catalogue pricing):
      3. submitting a mail order using the contact details and the product information provided in our current edition catalogue.
   2. To purchase from us you must be over 18.
3. The Contract Between Us
   1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Regardless of any acknowledgement of your order which we may give to you a legally binding contract does not come into existence between us until we have received payment in full in pounds sterling for your goods.
4. Price and Payment
   1. The prices payable for goods that you order are as set out in our web site and our current edition catalogue.
   2. The prices stated on our web site are the prices for goods ordered via our web site. The prices stated in our catalogue are the prices for goods ordered by telephone or mail order. The price payable for goods ordered via our web site may differ from the price payable for the same goods if ordered by telephone or mail order.
   3. You may be required to pay extra for delivery. Our delivery charges are set out in our web site and our current edition catalogue.
   4. Payment will be by credit or debit card for web site or telephone sales. You will be asked for your credit card details when you place your order. Payment may be by credit or debit card or UK sterling personal cheque for mail order sales.
   5. If you are purchasing from outside the United Kingdom place your order and your credit card company will convert the transaction to your own currency.
   6. You do not own the goods until we receive payment in full in pounds sterling.
   7. For orders made from the UK or the European Union, most of our food products are VAT Free. However some items may be subject to VAT at the prevailing rate (which at the time that these terms and conditions are written is 15%) and this is added to the total price. If you are ordering via our web site from outside of the European Union and you are exempt from VAT you should click the exempt button to reduce VAT to zero.
5. Right for You to Cancel Your Order
   1. If you order perishable food products the Distance Selling Regulations do not apply and, save in the circumstances specified in paragraph 5.3, you cannot cancel your contract with us for the goods.
   2. If you order goods other than perishable food products you may cancel your contract with us for the goods at any time up to the end of the seventh working day after the day you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
   3. If we have not dispatched the goods within 30 days of our receipt of payment for your order then you may cancel your contract with us for the goods.
   4. To cancel your contract you must notify us in writing using the contact details specified in paragraph 1.2.
   5. If you have received the goods before you cancel your contract then unless, under clause 5.1, you do not have a right to cancel you must send the goods back to our contact address (specified in paragraph 1.2) at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
   6. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6. Cancellation by us
   1. We reserve the right to cancel the contract between us if:
      1. we have insufficient stock to deliver the goods you have ordered;
      2. we do not deliver to your area; or
      3. 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.
   2. If we do cancel your contract we will notify you by e-mail or some other written means 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. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Delivery of Goods to You
   1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We may deliver the goods in several consignments but will not charge any extra delivery for this.
   2. We will normally dispatch your goods to you within 2 to 10 business days of receipt of payment for your order. International orders are normally received in within 28 days of payment. These time periods or any alternative dispatch date which we may state in our confirmation of your order are indicative only and we cannot guarantee an exact delivery date.
   3. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8. Guarantee and Liability
   1. Our goods are guaranteed free from material damage or defect (save for damage or deterioration occurring in the course of delivery).
   2. Although the greatest care will be made in packaging the goods, we cannot accept responsibility for damage sustained to them during the course of delivery. We cannot in particular guarantee that cool temperatures will be maintained during delivery.
   3. You should inspect the goods when you receive them for defect or damage. If you find any defect or damage you must notify us as within 24 hours of receipt of the goods and return the goods to us. Notification should be in writing using the contact details specified in paragraph 1.2.
   4. If we are responsible for the damage or defect then on receipt of the returned goods we can elect to refund the purchase price or provide replacement goods at no cost to you.
   5. If we elect to refund the purchase price or provide replacement goods we will be deemed to have complied with our obligations under the contract and no claim can arise out of your rejection of the original goods.
   6. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraphs 8.4 to 8.5.
   7. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in so doing that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Invalidity
   • 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.
10. Privacy
    1. We do not disclose buyers' information to third parties other than for goods delivery purposes.
    2. Cookies are used on or web site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.
11. Third Party Rights
    • A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Governing Law
    • The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13. Entire Agreement
    • These terms and conditions set out the whole of our agreement relating to the supply of the goods by us to you. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.