Chillies For Business

Uncle Paul's Chilli Charity Commission Growing Terms and Conditions

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Uncle Paul’s Chilli Charity is a company operating and registered in England with charity number 1191859, whose registered office is at Butcombe Farm, Aldwick Lane, Nr. Blagdon, North Somerset, BS40 7UW

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DEFINITIONS

The following definitions shall apply to the Commission Growing Terms and Conditions. 

‘Content’ – means all plants and fruits

‘Uncle Paul’s Chilli Charity’, ‘us’, ‘we’, ‘our’ – means Uncle Paul’s Chilli Charity.

‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland and the Channel Islands.

‘Website’ – means the website at chillicharity.org.uk

‘you’ and ‘your’ means a commission grow customer.

 

PLACING AN ORDER

To place an order, you must supply Uncle Paul’s Chilli Charity with some compulsory personal information. You warrant that the personal information which you are required to provide is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use. We shall use your personal information in accordance with our Privacy Policy.

You must be at least eighteen (18) years old to order goods from us and by placing an order you therefore warrant that you are at least eighteen (18) years old.

 

PRICE

The prices payable for the goods that you order will be clearly set out via email and are in GBP pounds sterling. 

All prices exclusive of any VAT that is payable at the relevant prevailing rate in the United Kingdom, should VAT be applicable to the product.

If charges are applicable for delivery on the goods that you order, you will be informed before your order is accepted.

Prices quoted for 2024 will remain as quoted. All prices and offers are subject to availability and may be withdrawn or amended at the discretion of Uncle Paul’s Chilli Charity at any time.

 

PRICING ERRORS

Every effort is made to ensure that the prices shown are correct. In the unlikely event that an error is made in the price shown, Uncle Paul’s Chilli Charity will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall not dispatch the goods affected but will notify the correct price to you so that you can decide whether to proceed with your order at that price. If we are unable to contact you using the contact details you provided to us, we shall treat the order as cancelled and notify you. If the pricing error is obvious and unmistakeable and could easily have been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect price.

 

PRE-ORDER PRICING

Where goods are offered for sale on a pre-order bases, the price shown for those goods is not subject to an increase in cost during the 2024 season. In the event that we reduce the price, we will charge you the lower price. In the event that we increase the price, we will charge you the price that was listed on the price list when you placed the order, unless the price was the subject of a pricing error, in which case we shall contact you to advise you of the correct price and if you wish to proceed with the order.  In the event that you have already paid for a product which we subsequently reduce in price, we shall refund you the difference between the original price and the new lower price.

 

PAYMENT

Payment for goods and any applicable delivery charges can be made using the following methods of payment; PayPal and BACS Transfer. Invoices can be provided.

Payment is processed by us (a) at the point the order is confirmed by you with respect to payments made by (i) PayPal and (ii) BACS Transfer, or (b) at the point the goods are prepared for dispatch for all other methods of payment.

Pre-orders must be paid for before the order is accepted to a value of 20% of the total order and shall be held against your account until the goods are ready for dispatch, we request full payment of the order on dispatch. 

 

PLACING AN ORDER

Once you have followed the ordering process and have placed an order with us. You will be sent an ‘order confirmation’ or ‘pro-forma invoice’ or ‘invoice’ email detailing the goods you have ordered. Please note that this does not mean that your order has been accepted.

 

ACCEPTANCE OF YOUR ORDER

Completion of the process does not constitute acceptance by us of your offer to purchase goods from us. Our acceptance of the order will take place only when we are ready to dispatch the goods that you ordered.

Your order is an offer to buy goods from Uncle Paul’s Chilli Charity. Nothing that we say or do (including receiving payment from you in accordance with your pre-order) will amount to an acceptance of that offer until we actually confirm that the goods are being dispatched.

 

CONTRACT CREATION

There will be no contract between you and us unless and until you receive confirmation from us by means of an ‘order dispatch’ email that confirms that the goods you have ordered are being dispatched. At that point (and not before), a contract will come into existence between you and us, for the sale by us, of the ordered goods. At any point up until then, we may decline to supply the goods to you.

If your order is dispatched in more than one package, you shall receive confirmation from us in relation to each package dispatched and each dispatch shall be concluded as a separate contract of sale between you and us.

 

AVAILABILITY

If we cannot supply you with the goods you have ordered for whatever reason, we will not process your order and will inform you of this via email and, if you have already paid for the goods, refund you as soon as reasonably possible by way of refund to the original method of payment and including refund of any relevant refundable delivery cost charges. We shall have no liability to you other than by way of refunding any and all monies paid by you to us for the goods we cannot supply.

 

DELIVERY AND COLLECTION

We shall arrange delivery of the goods to the delivery address in the United Kingdom that you nominate when you place the order. We do not deliver to addresses outside the United Kingdom. Goods may be dispatched and delivered separately.

Any delivery charges that shall apply will be shown when you place an order. 

Delivery shall be made as soon as possible after your order is processed but in any event within fourteen (14) days of us sending you an ‘order dispatch’ email.

 

RISK

Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered to the nominated delivery address. If we are asked to begin germination outside of the months of January, February and March, you accept that there is a high risk of lower or zero yield.

 

DELAYS

Where the supply of goods is delayed, or prevented for reasons beyond our control (for example, but not limited to; acts of God, growing conditions, infestation) we will be under no liability to you for such delay.

 

ORDER CANCELLATION

You may cancel your order at any time before it is processed by emailing info@chillicharity.org.uk. If the goods have not been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods. In the event that you cancel your order too late for us to prevent dispatch, or after the goods have already been dispatched, you can refuse to take delivery so that the ordered goods are returned to us and, provided that you have not opened or damaged the ordered goods, we will refund the price paid to the original method of payment.

If you decide to cancel your order (or part of an order) you should contact us via email at info@chillicharity.org.uk to clearly advise us of your intention to cancel including details of the order (or part of an order) you wish to cancel and your name and address.

You are not entitled to cancel an order for fresh chillies produced exclusively for you.  

Deposits made for pre-orders are NON-REFUNDABLE in the event you decide to cancel your order.

 

WARRANTY

All goods purchased through the us will correspond with their relevant description, and they will be of satisfactory quality and fit for purpose. We do not make any other promises or warranties about the goods.

 

FAULTY AND DAMAGED GOODS

If you receive goods from us that are damaged upon delivery, you must email us at info@chillicharity.org.uk including details of the order, the damage or fault and your name and address.

 

LIABILITY

Save in the case of death or personal injury due to the negligence of Uncle Paul’s Chilli Charity or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).

We accept no responsibility for any loss or damage caused by us (or our employees, agents or sub-contractors) where such loss is: (i) not a foreseeable result to both you and us (as at the time that you submit your order) of a breach of the relevant legal duty by us; (ii) related to a business; or, (iii) related to loss or damage to premises or property unless caused by our negligence or wilful misconduct.

You are responsible for the use of products that you obtain from us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the United Kingdom.

Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.

 

FORCE MAJEURE

Uncle Paul’s Chilli Charity shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.

 

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 dispute between us. All contracts and correspondence shall be concluded in English.

 

ENTIRE AGREEMENT

These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

You confirm that, in agreeing to accept the Terms you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you have no remedy in respect of any representation.

These Terms do not affect your statutory rights as a consumer within the United Kingdom.

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UPDATES TO THE TERMS

We reserve the right to change the Terms at any time. Any such change shall take effect when published and it is your responsibility to read the Terms on each occasion that you place an order with us, placing an order shall signify your acceptance to be bound by the then current Terms. If you do not agree to the Terms in their entirety you should not place and order.