Terms & Conditions

TERMS OF SALE

 

BACKGROUND:

 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Food Products are sold by Us to consumers through this website, isleofwightmeat.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Food Products from Our Site.  You will be required to read and accept these Terms of Sale when ordering Food Products.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Food Products through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract” means a contract for the purchase and sale of Food Products, as explained in Clause 8;
“Food Products” means the products sold by Us through Our Site;
“Order” means your order for Food Products;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means A&C Hodgson, whose registered address is Cheverton Farm, Cheverton Shute, Shorwell, Isle of Wight, PO30 3JE and whose main trading address is Cheverton Farm, Cheverton Shute, Shorwell, Isle of Wight, PO30 3JE.

 

  1. Information About Us
    • Our Site, isleofwightmeat.co.uk, is operated by A&C Hodgson (under the trading name ‘Isle of Wight Meat Co.), whose registered address is Cheverton Farm, Cheverton Shute, Shorwell, Isle of Wight, PO30 3JE. Our VAT number is GB 615115869.
    • We are regulated by Isle of Wight Council – EC Approval Code IW075.

 

  1. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to our Website Terms of Use https://www.isleofwightmeat.co.uk/terms-conditions/ Please ensure that you have read them carefully and that you understand them.

 

  1. Age Restrictions
    • Consumers may only purchase Food Products through Our Site if they are at least 18 years of age.

 

  1. Business Customers

These Terms of Sale apply to consumers only and do not apply to customers purchasing Food Products in the course of business.

 

  1. International Customers

Please note that We only deliver within the United Kingdom.

 

  1. Food Products, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Food Products available from Us correspond to the actual Food Products that you will receive. Please note, however, the following:
      • Images of Food Products are for illustrative purposes only.There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Food Products may vary.
      • Due to the nature of the Food Products sold through Our Site, there may be up to a 10% variance in the weight of those Food Products between the actual Food Products and the description.
    • Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether. Please refer to Clause 11 if you receive incorrect Food Products (i.e. Food Products that are not as described).
    • All Food Product descriptions provided on Our Site include a full list of ingredients and nutritional information. We will clearly state if any Food Product contains (or may contain) any of the following which may cause allergies or intolerances (please note, however, that some or all of Our Food Products are prepared in the same environment and we cannot guarantee that they will be 100% free of such ingredients):
      • Milk or lactose;
      • Eggs;
      • Celery;
      • Mustard;
      • Soya or soybeans;

 

  • We cannot guarantee that all Food Products will always be available. Stock indications are provided on Our Site, however such indications maybe be inaccurate due order received via our wholesale business.
  • Minor changes may, from time to time, be made to certain Food Products between your Order being placed and Us processing that Order and dispatching the Food Products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Food Products and will not normally affect your use or enjoyment of those Food Products.  However, if any change is made that would affect your use or enjoyment of the Food Products, suitable information will be provided to you.
  • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every month. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
  • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Food Products at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 48hrs, We will treat your Order as cancelled and notify you of this in writing.
  • In the event that the price of Food Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
  • All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  • Delivery charges are not included in the price of Food Products displayed on Our Site. For more information on delivery charges, please refer to https://www.isleofwightmeat.co.uk/delivery/ Delivery options and related charges will be presented to you as part of the order process.

 

  1. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Food Products ordered including full details of the main characteristics of those Food Products;
      • Fully itemised pricing for the Food Products ordered including, where appropriate, taxes, delivery and other additional charges;
      • Estimated delivery date(s);
    • We will also include a paper copy of the Order Confirmation with your Food Products.
    • In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 48 hours.
    • Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Food Products.

 

  1. Payment
    • Payment for Food Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Food Products.
    • We accept the following methods of payment on Our Site:
      • Credit/Debit Card.

 

  1. Delivery, Risk and Ownership
    • All Food Products purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
    • If We are unable to deliver the Food Products on the delivery date, the following will apply:
      • If no one is available at your delivery address to receive the Food Products and the Food Products cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Food Products;
      • If you do not collect the Food Products or rearrange delivery within 24hrs, We will contact you to ask you how you wish to proceed.If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Food Products.  If this happens, you will be refunded the purchase price of the Food Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Food Products.
    • In the unlikely event that We fail to deliver the Food Products within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
      • We have refused to deliver your Food Products; or
      • In light of all relevant circumstances, delivery within that time period was essential; or
      • You told Us when ordering the Food Products that delivery within that time period was essential.
    • If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
    • You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Food Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Food Products and their delivery will be refunded to you within 48hrs.  Please note that if any cancelled Food Products are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Food Products.
    • Delivery shall be deemed complete and the responsibility for the Food Products will pass to you once We have delivered the Food Products to the address you have provided.
    • Ownership of the Food Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
    • Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Food Products.

 

  1. Problems with the Food Products
    • By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
    • If any Food Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Food Products, please contact Us at orders@isleofwightmeat.co.uk as soon as reasonably possible to inform Us of the problem, and to arrange for a refund or replacement.
    • Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Food Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Food Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Food Products to Us under this Clause 11 merely because you have changed your mind.  Please refer to Clause 12 for more details.
    • To return Food Products to Us for any reason under this Clause 11, please visit the returns page on Our Site https://www.isleofwightmeat.co.uk/cancellation-returns/ to complete a returns form. We will be fully responsible for the costs of returning Food Products under this Clause 11 and will reimburse you where appropriate.
    • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
    • Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Food Products were originally purchased.
    • Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Food Products.
    • For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Cancellations
    • You may cancel an Order (and receive a full refund of any sums already paid) at any time up to 24hrs before we dispatch your Food Products. Orders cannot be cancelled once they have been dispatched.
    • To contact Us directly to cancel, please use the following details:

Telephone: 01983 741234

Email: orders@isleofwightmeat.co.uk

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

  • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
  • Please note that, due to the perishable nature of the Food Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel after receiving Food Products if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.
  • Any refunds due under this Clause 12 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
  • Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Food Products.

 

  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply products for domestic and private use by consumers. We make no warranty or representation that the Food Products are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Food Products as necessary;
      • If the event outside of Our control continues for more than 48hrs We will cancel the Contract and inform you of the cancellation.Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 48hrs of the date on which the Contract is cancelled;
      • If an event outside of Our control occurs and continues for more than 48hrs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site https://www.isleofwightmeat.co.uk/cancellation-returns/ If you would prefer to contact Us directly to cancel, please use the following details:

Telephone: 01983 741234

Email: orders@isleofwightmeat.co.uk

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 48hrs of the date on which the Contract is cancelled.

 

 

  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01983 741234, by email at orders@isleofwightmeat.co.uk.

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      • By email, addressed to Kerry Gustar at kerry@isleofwightmeat.co.uk
      • By contacting Us by telephone on 01983 741234

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.isleofwightmeat.co.uk/privacy-policy/

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.

 

  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

TERMS OF USE

 

BACKGROUND:

 

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, isleofwightmeat.co.uk (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of goods.  Please refer to our Terms of Sale for more information https://www.isleofwightmeat.co.uk/terms-conditions/      .

 

 

  1. Definitions and Interpretation
    • In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“User Content” means any content submitted to Our Site by Users including, but not limited to, product reviews and comments; and
“We/Us/Our” means means A&C Hodgson, whose registered address is Cheverton Farm, Cheverton Shute, Shorwell, Isle of Wight, PO30 3JE and whose main trading address is Cheverton Farm, Cheverton Shute, Shorwell, Isle of Wight, PO30 3JE.

 

  1. Information About Us
    • Our Site, isleofwightmeat.co.uk, is operated by A&C Hodgson (under the trading name ‘Isle of Wight Meat Co.), whose registered address is Cheverton Farm, Cheverton Shute, Shorwell, Isle of Wight, PO30 3JE. Our VAT number is GB 615115869.
    • We are regulated by Isle of Wight Council – EC Approval Code IW075.

 

  1. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1. Accounts
    • Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
    • You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    • When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    • We recommend that you choose a strong password for your Account, consisting of a combination of upper/lowercase, numbers and symbols. It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at orders@isleofwightmeat.co.uk.  We will not be liable for any unauthorised use of your Account.
    • You must not use anyone else’s Account.
    • Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
    • If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    • If you close your Account, any reviews or comments you have created on Our Site will be anonymised by removing your user name.

 

  1. Intellectual Property Rights
    • With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Subject to sub-Clause[s]3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    • You may:
      • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      • Download Our Site (or any part of it) for caching;
      • Print one copy of any page(s) from Our Site;
      • Download extracts from pages on Our Site; and
      • Save pages from Our Site for later and/or offline viewing.
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    • You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    • Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1. User Content
    • User Content on Our Site includes (but is not necessarily limited to) reviews and comments.
    • An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
    • You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
    • You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
    • You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
    • If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your username]. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    • We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

  1. Links to Our Site
    • You may link to Our Site provided that:
      • you do so in a fair and legal manner;
      • you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      • you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      • you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

 

  • You may not link to any page other than the homepage of Our Site, isleofwightmeat.co.uk. Deep-linking to other pages requires Our express written permission.  Please contact Us at orders@isleofwightmeat.co.uk for further information.
  • Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at orders@isleofwightmeat.co.uk for further information.
  • You may not link to Our Site from any other site the main content of which contains material that:
    • is sexually explicit;
    • is obscene, deliberately offensive, hateful or otherwise inflammatory;
    • promotes violence;
    • promotes or assists in any form of unlawful activity;
    • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
    • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • is calculated or is otherwise likely to deceive another person;
    • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
    • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
    • implies any form of affiliation with Us where none exists;
    • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
    • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  • The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Disclaimers
    • Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
    • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    • We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Terms of Sale for more information <<insert link to Terms of Sale>>.
    • We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

  1. Our Liability
    • The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale https://www.isleofwightmeat.co.uk/terms-conditions/
    • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    • To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    • If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage Policy
    • You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
      • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
      • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
      • remove any User Content submitted by you that violates this Acceptable Usage Policy;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      • any other actions which We deem reasonably appropriate (and lawful).
    • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Privacy Policies, available from https://www.isleofwightmeat.co.uk/privacy-policy/ These policies are incorporated into these Terms of Use by this reference.

 

  1. Changes to these Terms of Use
    • We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Contacting Us

To contact Us, please email Us at orders@isleofwightmeat.co.uk or using any of the methods provided on Our contact page at isleofwightmeat.co.uk/contact

 

  1. Communications from Us
    • If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
    • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at orders@isleofwightmeat.co.uk

 

  1. Data Protection
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.isleofwightmeat.co.uk/privacy-policy/

 

  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.
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