Mortons Dairies Ltd Terms and Conditions of Sale
In these Terms and Conditions the term 'Mortons Dairies Ltd' or 'us' or 'we' refers to the owner of the website whose registered office is Kenyons Lane, Maghull, Liverpool, L31 0BP. Our company registration number is 1377957 England. The term 'you' refers to the user or viewer of our website.
1. Registration and Setup
1.1 To register and purchase via this site you must be 18 years of age or older.
1.2 You must ensure that the details provided by you on registration are correct and inform us immediately of any changes by updating your personal details. When you register you will need to create a unique username and password to access your account.
1.3 After registration and setup your account will not be live until confirmed by us.
2. Goods and Pricing
2.1 Goods are supplied only for retail sale for your own use and not for resale. Product pictures on the site are for illustration purposes only and may differ from the packaging of goods supplied due to alterations by the manufacturer. Mortons Dairies Ltd reserves the right to alter the standard specifications for any of its goods or packaging without notice.
2.2 Goods are supplied subject to availability but we will always try to deliver the items ordered or offer a reasonable alternative. We may limit the quantity ordered of goods at our discretion.
2.3 Every effort is made to ensure that prices are accurate and up to date and you may check current prices when you place or amend an order up to 9pm on the day prior to delivery. Prices quoted are subject to variation for errors and omissions at any time. Mortons Dairies Ltd will not be liable due to incorrect prices or offers as a result of error. All prices on the website are inclusive of VAT where applicable. Prices are subject to change without prior notification.
2.4 If you are visiting this site after receiving a leaflet or following a link from another site please check the terms and conditions and prices as stated here before placing an order. In the event of any variance in the prices between any leaflet or other information source and the website, the prices on the website at the time of delivery shall prevail.
2.5 If the goods delivered to you are incorrect, incomplete or defective you must notify us within 48 hours. We will not charge you for any goods which are incorrect or have not been received. We will promptly refund the price of or replace any goods which do not meet with your reasonable satisfaction. In any event our liability will be limited to the price of the goods.
3.1 Unless otherwise agreed delivery will be to the front of the customer’s property nearest the public roadway. The risk and property in the goods shall pass to the customer at the point of delivery as stated above.
3.2 We do not guarantee to deliver to every address within our area, for more information on this see FAQs.
3.3 At setup or at any time Mortons Dairies Ltd reserves the right not to start deliveries to an area or location or to cease deliveries to an area or location at its own discretion.
3.4 Mortons Dairies Ltd reserves the right to reorganise delivery rounds and schedules due to commercial considerations, we will always try to minimise the effect to you of any changes.
3.5 We do not guarantee time of delivery, any times quoted in any form of communication are estimates only. While we make every effort to ensure that you receive your delivery at a time to suit you, if the delivery person has a very large milk round, a problem with his vehicle, weather, traffic or the relief delivery person doesn’t know the round as well, then it may be later than this.
3.7 In any given week you shall only be able to place orders for delivery up to the credit limit set for your account (net of any debit or credit balances held on your account). “One off” credit or debit card payments can be made to fund the account temporarily. However, to receive deliveries you must also always have an active regular payment method set up on your account.
3.6 If the delivery of Goods is prevented or hindered by reason of circumstances or events beyond our reasonable control including, but not limited to, act of God, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, severe weather conditions or disruption to the website, we shall not be deemed to be in breach of contract or of these terms and conditions.
4. Payments and credit
4.1 Except for customers migrated from the Dairy Crest milk&more platform, payment is taken weekly via Direct Debit or credit card (debit cards do not have a regular payment facility) as you choose at registration. There is not any other method of regular payment however in special circumstances e.g. a failed payment you may make a “one off” payment by direct payment to your account using the Sagepay facility or by telephone using a debit or credit card. Our accounting week is from Sunday to Saturday inclusive. You will receive an invoice by email after close of business on Saturday for the week’s deliveries and for Direct Debit customers payment will be taken 9 days later. Credit card payments will be billed to your card within 3 days.
4.2 In the event of a failed payment we reserve the right to suspend your account pending an interim payment and to charge £4 to your account to cover the cost of bank charges and administration. We reserve the right to set a credit limit of our choosing on an account or to suspend an account or reduce delivery quantities. In the event of repeated payment failure we reserve the right to suspend or cancel an account.
4.3 In the event of a failed payment you agree to compensate us for all reasonable costs and expenses incurred by us in obtaining payment from you and interest on the outstanding balance until it is cleared. At any time after a failed payment we may ask a debt collection agency to collect payment from you.
4.4 Direct Debit Guarantee
This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
If there are any changes to the amount, date or frequency of your Direct Debit Mortons Dairies Ltd will notify you 5 days in advance of your account being debited or as otherwise agreed. If you request Mortons Dairies Ltd to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your Direct Debit by Mortons Dairies Ltd or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.
If you receive a refund you are not entitled to, you must pay it back when Mortons Dairies Ltd asks you to.
You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.
4.5 You agree not to hold us responsible for bank charges incurred due to payments made on your account.
Failure by Mortons Dairies Ltd to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
6 Copyright Notice
6.1 This website and its content is copyright of Mortons Dairies Ltd - © Mortons Dairies Ltd 2011. All rights reserved.
6.2 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
· You may print or download to a local hard disk extracts for your personal and non-commercial use only.
· You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
6.3 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.