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Terms & Conditions

Otter Vale Products Ltd.

Terms & Conditions

Effective on and from: 20th May 2018
Last updated: 20th May 2018

The purchase of products from this web site is governed by these terms and conditions. By accessing the site you agree to be bound by these terms and conditions. Contained in our terms and conditions are details of current regulations governing online shopping.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.otter-vale.co.uk/ website (the “Service”) operated by Otter Vale Products Ltd. (“us”, “we”, “Otter Vale”, “the Company”, “the Business” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

We reserve the right to change, modify, substitute or remove, without notice, any information on this site as necessary.

1.1 About Us

Our aim is to make high quality products and deliver them to you safely and speedily, whilst maintaining high standards of customer service. We abide by all current and proposed food safety, trading and delivery legislation in addition to trade body guidelines. The conditions detailed below do not affect your statutory rights. These include all of the current guidelines relating to the information that we hold about you, as detailed in our Privacy Policy.

1.2 Ownership

This website is owned by and operated for Otter Vale Products Limited, Granary Court, Cullompton, Devon EX15 1BS with VAT registration number 178419178. Otter Vale Products Limited are registered in England with company number 08840699 and registered address: c/o Easterbrook Eaton Ltd, Cosmopolitan House, Old Fore Street, Sidmouth, Devon, EX10 8LS.  The contents of this site are copyright of Otter Vale Products Ltd. and the use of any images or material for purposes other than private viewing is strictly prohibited without prior written consent.

1.2.1 Recipes

Where recipes have been provided, users should note that these may be supplied by customers.  Using any recipes on this site is at the user’s discretion and risk; Otter Vale Products Ltd. accepts no liability for any damage or distress caused as a result of reading or using one of these recipes, or of eating the results of any such recipe.

1.3 Products

All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available. Products and packaging are subject to change or substitution without prior notice. Every effort will be made to despatch the items specified. However in the event of supply difficulties with any items we will email you with the option either to cancel your order, substitute for products of similar value, or to wait for item to become available.

1.4 Gift Messages

We can include a personalised message with any gift. We reserve the right to reject any message sent by us on your behalf to a third party that we consider may offend the recipient for defamatory, racist, offensive, harassing, threatening, vulgar, abusive, indecent, obscene, menacing or in breach of confidence, copyright or any other legal rights, or which may cause embarrassment or distress to any person or is otherwise unlawful or objectionable. You are entirely responsible for any text or other material that you post or send on this message system and we accept no liability for any such content.

1.5 Terms of Sale

1.5.1 Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Contracts Regulations (13th June 2014).
If you wish to purchase any product or service made available through this website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Otter Vale is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

1.5.2 Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the website and for any activities or actions under your password, whether your password is with our website or a third-party website.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

1.5.3 Delivery Terms and Charges

The products described in this website are available to UK residents (excluding Isle of Man and the Channel Islands) only.  These terms and conditions are governed by and shall be interpreted in accordance with English law.  Otter Vale makes no representation that any product referred to on this website is available outside the UK.  Any persons/company accessing this website from a location outside the UK are responsible for ensuring compliance with the laws of that region/country.  To request a delivery outside of the UK, please contact us.  Special delivery times and costs will apply should such an order be accepted.

All products and services are subject to availability.  Products, details, prices and any special offers are subject to change at any time and without prior notice.  Products on the website may be withdrawn at any time without prior notice and Otter Vale Products are not liable to you in any way for this.

On line deliveries can be requested for a minimum of six and a maximum of eighteen jars.

We use a third party courier service to deliver to the mainland UK.  Delivery times are typically from 0900-1700 Monday to Friday.  There may be no Saturday, Sunday or Bank Holiday deliveries.  Like many other UK companies, we are subject to the delivery surcharges applied by courier companies to areas that they deem to be more remote.  Due to this, certain conditions are applied to deliveries made to Northern Ireland and remote areas/Highlands and Islands, and deliveries to these areas may take 2-3 days longer.  We endeavour to keep these costs to a minimum to recognise your ongoing support of our products, and remind you that larger order sizes will be more economical for you.  Details of our delivery and charging structure are as follows:

Mainland UK
Standard delivery charges apply with postage and packaging of £5.45 for a minimum of six jars, £7.95 for 12 jars and £10.45 for a maximum of 18 jars. For all orders over 18 jars please contact us for tailored shipping rates.

Northern Ireland
Standard delivery charges apply with a delivery surcharge of at least £2.00 per six jar set, up to 18 jars.

Remote Areas/Highlands and Islands
Standard delivery charges apply with a delivery surcharge of at least £2.00 per six jar set, up to 18 jars.

1.5.4 Processing and Delivery of Orders

We endeavour to process and despatch all on line and emailed deliveries within 7 working days.  Should an item be out of stock, or if we are unable to process your order for another reason, we will contact you by the email address you have provided.

1.5.6 Orders Placed in Error

If an order is placed in error, please contact by email us to discuss and we will endeavour to accommodate any changes.  However, if an order is placed to an address we cannot deliver to as outlined above, this order will be considered invalid and our decision is final.  We will contact you by email to inform you of this and refund payment.

1.5.7 Cancellation of Orders

Under the Consumer Contracts Regulations 2013, you have the right to cancel your order any time prior to delivery. Should you need to cancel an order, please contact us by email with your customer name, order details and order date. Where possible, we will try to stop your order being dispatched.  However, if an order has been packaged and dispatched, we cannot stop the delivery. Should this occur and you will wish to cancel, you must return it to us within 14 days of delivery.  We will refund the cost of the items and basic delivery (provided you have contacted us and informed us of the intent to cancel, and receipt of the goods undamaged and unopened) within 14 days of either us receiving the unopened goods, or you providing evidence of having returned the goods, and you will cover the cost of returning the goods to us; in line with the Consumer Contract Regulations 2013.

1.5.8 Refunds/Damage to Goods

Refunds can be arranged in the case of your receiving damaged goods. Should any product arrive damaged, please contact us within 2 days of delivery.  We may ask you to provide evidence of the stated damage, return the product and arrange for you to receive a replacement product or reimburse you for the cost of the original products and return delivery. Refunds are only available for unopened products (i.e. if the jar seal for health protection and hygiene reasons has not been broken).

1.5.9 Methods of Payment

We accept Paypal payments in GBP. Orders will not be processed until payment has been cleared. All orders are positively credit card sanctioned prior to dispatch, so please ensure that the details you provide us with are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given. 

In the unlikely event that your payment card is used fraudulently to make a purchase with Otter Vale, you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the Consumer Contracts Regulations (2014), to a re-credit or to have all sums returned to you by the card issuer.

1.6 Security

Debit/credit card payments are sent directly to World Pay and kept on their server which is recognised as 100% PCI compliant.

We accept no liability for any loss, disruption or damage to your computer system or your data caused by using this website or arising as a result of using this website.

The site uses the Let’s Encrypt, to ensure a safe and secure shopping experience. 
All messages containing credit/debit card details between the site visitor and the server are secured through the Let’s Encrypt 256 bit encryption process. Customer details are retrieved by the Otter Vale team via a Let’s encrypted link. Our servers are continually being updated with latest operating system upgrades that include the latest security updates.

1.7 Damage to your Computer

Otter Vale makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Otter Vale shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

1.8 Legal Statement

Every care has been taken to describe items as accurately as possible; however slight variations may occur due to the seasonal variation in natural ingredients, small batch and hand-made nature of some of the products.

Prices are subject to alteration without notice. Should a product not be available a substitute of a similar product of equal or greater value may be made and we will attempt to make contact with you in this case prior to delivery. 
This website, any content contained herein and any contract brought into being as a result of usage of this website shall be governed by and construed in accordance with the laws of England. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English. 
Nothing in these Terms and Conditions affects your Statutory Rights. Errors and omissions excepted.
Use of this Website from outside the UK

Unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom mainland. Those who choose to access this site from other locations are responsible for compliance with local laws if, and to the extent, local laws are applicable. 
At this point the contract for our sale and your purchase of the goods shall be made and the contract shall be formed at the place from which our acceptance email is sent to you.

1.9 Privacy Policy and Cookie Policy

Please refer to our Privacy Policy (including Cookie Policy). You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

1.9.1 Browser cookies

A cookie is a small file that can be stored on your computer’s hard drive. Browser cookies are a method for storing small amounts of data during your visit to the site.

1.9.2 How do we use cookies?

Cookies are used on the site to enable our systems to record items that you have placed in your shopping basket. This enables you to return to the site at a later date to complete your purchase without having to re-input your details and order. The Cookies used on the site are not used for any other purpose. Our cookies do not contain any personal information about you.

1.10 Availability, Errors and Inaccuracies

We frequently update our offerings of products and services on this website. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on our website and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

1.11 Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other “Promotions” are independent of this agreement.

1.12 Content

Our website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the website, including its legality, reliability, and appropriateness.

By posting Content to the website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You retain any and all of your rights to any Content you submit, post or display on or through the website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

1.13 Intellectual Property

The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Otter Vale and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Otter Vale.

When you upload content, you give to Otter Vale a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Otter Vale business.

1.14 Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Otter Vale.

Otter Vale has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Otter Vale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

1.15 Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

1.16 Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

1.17 Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

1.18 Contact us

If you have any questions about these terms or our Returns and Refunds Policy, please contact us:
By email: info@otter-vale.co.uk

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