Terms and Conditions VistaVeg Ltd
Terms & Conditions
This section sets out the Terms and Conditions by which VistaVeg Ltd agrees to provide produce and services to you.
When you purchase any produce or services from us, you are agreeing to these Terms and Conditions. We reserve the right to modify, cancel or append to these Terms and Conditions. The current Terms and Conditions always appear on our website.
We reserve the right to alter, vary, omit or substitute any produce or service provided by us described in any promotional or other materials published by us or on our behalf.
In the event of any alteration, variation, omission or substitution of produce or services as described in our promotion or literature, we will have no liability to refund any part of any fee or deposit paid.
The full cost of VistaVeg deliveries (less any agreed discounts) must be paid within 30 days of an invoice being issued.
If full payment is not received within 60 days, we reserve the right to not deliver. 8% interest will be chargeable on debts over 30 days.
Refunds and Cancellations
No refunds are available for missed Educational Visits to VistaVeg
If you have booked an Educational Visit to either our site or your setting and you wish to cancel:
a) If you inform us at least 1 week before the session we will provide a full refund.
b) If you inform us less than 1 week before the session we will refund 50% of the session cost.
c) If you inform us on the day of the session no refund will be available.
In the event that we consider:-
a) you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;
b) your behaviour towards us, other box scheme members, our suppliers, agents, managers, subcontractors or employees is disruptive, inappropriate, or likely to bring us or any of our produce or services into disrepute, we reserve the right to exclude you from the VistaVeg box scheme or Educational Visits.
In the event that you are excluded we reserve the right to seek payment of the balance of any monies due to us. It is our company policy to pursue unpaid debts through the Small Claims Court.
Returned Payments and Refunds
We will make an administrative charge of £7.50 to cover cheques returned unpaid or unhonoured Standing Order payments. In circumstances where a payment is refunded:
Refunds are issued by BACS payment direct into your bank account.
We will process any refund within 28 days of notifying you that we are issuing you a refund.
We reserve the right to cancel a delivery at any time up to and including the date of the delivery itself (ie, due to adverse weather conditions). Should this occur we will endeavour to give you as much notice as possible and will attempt to deliver on the subsequent day(s) or will offer you a refund of any fee paid.
In the instance of us not being unable to deliver within a reasonable time-frame we will offer you a full refund of any fee paid.
We do not accept responsibility for any loss of, or damage to, personal property belonging to visitors to our site.
We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in transport, weather, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.
Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:
a) economic losses;
b) loss of goodwill or reputation;
c) any other special, indirect or consequential losses;
d) loss to third parties.
No provision of these Terms and Conditions shall operate or be construed to operate so as to exclude or restrict our liability under the provisions of any UK legislation in force from time to time which are not capable of being excluded or restricted. Save as otherwise required by UK legislation, our total liability for any loss, damages, costs or expenses shall not exceed an amount equal to the invoice value for the produce or services provided.
A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
Use of Personal Information
VistaVeg Ltd stores the following information about its subscribers:-
Newsletter Mailing List – when a person subscribes to our Newsletter Mailing List we record the following information:-
- The subscriber’s name
- The subscriber’s email address
VistaVeg will not share this information with any third parties unless we are legally required to do so. This information is used only for the purposes of disseminating our Newsletter.
Box Scheme Membership – when a person joins the VistaVeg Box Scheme we record and store the following information:-
- The member’s name
- The member’s home address & telephone number
- The member’s email address
- The member’s delivery address (if different from home address)
- The member’s nominated ‘safe’ place to leave the delivery
- How the member heard about the VistaVeg Box Scheme
- How often the member requires a delivery
- Which vegetables the member requests to ‘opt out’ of receiving
- The start date of the deliveries
- Additional purchases made from the VistaVeg website shop
- Which dates the member has received a delivery
- The dates when a member makes a payment to VistaVeg
VistaVeg will not normally share this information with any third parties unless we are legally required to do so. Where necessary or when required we may share it with:-
- third party service providers in connection with services performed on our behalf. Our relationships with such providers are governed by our contracts with them which include strict data sharing and confidentiality protocols
- debt collection agencies, in relation to any outstanding monies owed
VistaVeg will only hold your data during the period of our relationship with you and for seven years afterwards to allow us to meet our legal obligations. This includes resolving any outstanding issues between us.
These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your purchase of our produce and services superseding any prior agreements between you and us.
We shall not be under any liability for any failure to perform any of our obligations under these Terms and Conditions if we are prevented from or delayed in so doing due to any circumstances beyond our reasonable control, provided that if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the agreement.
If any payments which are due under these Terms and Conditions are not made by their respective due date, interest shall accrue on the full amount outstanding at a rate of 8% above the base lending rate of the Bank of England, from the due date until the date of actual payment.
You may contact us by calling the relevant telephone number found on our website, or by writing to us at the address found on our website and on all email correspondence with you. We will be deemed to have received any communication from you, in the case of communication by telephone at the time of you speaking to a telephone operator or, in the case of communication by post, a correctly addressed letter sent by pre-paid first class post or recorded delivery post shall be deemed to have been received two working days after the date of posting. An acknowledgement will always be made.
We may contact you by post, telephone, email, or text. Notification sent to you by post will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day. It is your responsibility to ensure that we have current contact details for you.
Law & Jurisdiction
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. Our relationship with you is subject to English law and you and we irrevocably submit to the exclusive jurisdiction of the courts of law.