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Terms and Conditions

Terms and Conditions Contents

a. Note to Consumers
1. Introduction
2. Information on the Website
3. Trade Marks
4. External Links
5. Specific Use
6. Warranties
7. Disclaimer of Liability
8. Use of the Website
9. General

a. Note to Consumers

Please read these carefully. By submitting an order, you are agreeing to these conditions.

These Terms and Conditions were last updated on 10th November 2009 and apply to sales to consumers. If you are a business customer, please refer to the business terms and conditions.

Adlington Ltd means Adlington Ltd of Pheasant Oak Farm, Hob Lane, Balsall Common CV7 7GX

Adlington Ltd sell only to the end user unless we have agreed to register you as a business customer.

These conditions shall be deemed to be incorporated in all agreements entered into between Adlington Ltd and the buyer and shall apply in place of any terms and conditions contained in or referred to in the buyer’s order or elsewhere, or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Adlington Ltd.

Each order is deemed to be an offer and no contract comes into existence until it is accepted in writing by Adlington Ltd . We reserve the right to terminate any agreement if any payment is refused or Adlington Ltd reasonably believes will be refused.

Payment is due on acceptance of the order by Adlington Ltd in pounds sterling and no order will be delivered without prior payment. Payment will be as confirmed on the website, usually by clicking the checkout button, unless there is an inadvertent technical error for which Adlington Ltd will not be liable. Adlington Ltd accepts payment by those cards listed on the website or by cheque which much be cleared before goods are dispatched.

All prices quoted are inclusive of VAT which will be charged at the current rate.

The buyer agrees to compensate us in full for all reasonable costs and expenses incurred by Adlington Ltd when a payment fails. This will include a £20 administration fee. We may instruct a debt collection firm at any time.

The buyer shall make necessary arrangements for accepting the delivery. Adlington ltd will use its reasonable endeavours to deliver the goods on the date agreed. Delivery will not be of the essence and any time/date will be an estimate only and Adlington Ltd shall not be liable for any costs, charges, damages or losses caused directly or indirectly by any delay in delivery. The buyer shall be entitled to cancel any order where the delay will be in excess of 3 days or in the case of orders for 22nd or 23rd December, any delay. Adlington Ltd’s liability will be restricted to the amount of the goods and delivery.

If the buyer refuses to take delivery or fails to take any action necessary for the delivery, Adlington Ltd shall still charge for the goods. If a suitable person is not present for the delivery, Adlington Ltd shall follow any instructions given for the delivery. Adlington Ltd is not liable for the product after any person signs for the delivery at the specified address or for following specific instructions. This includes but is not limited to theft, tampering, contamination or any result in the change of temperature for chilled or frozen products. If there are no specific instructions and no-one at the delivery address, Adlington Ltd reserves the right not to deliver but still charge for the goods/delivery. Adlington Ltd will contact the buyer and attempt to redeliver the goods, subject to any additional delivery costs being met in full by the buyer.

Products are subject to availability and prevailing market conditions. We may limit the quantities of goods ( especially on special offer) to any one buyer. If goods are not available, Adlington Ltd will contact the buyer to discuss alternatives and their prices. Adlington Ltd’s liability will be restricted only to the return of any payments made.

Adlington Ltd warrants that the goods supplied will conform to any specification agreed in writing or on its website at the time of ordering. If they do not, Adlington Ltd can replace the goods ( with the buyer’s consent) or return any payment made for them. Adlington Ltd shall not be liable for any consequential damages. Each delivery shall be inspected immediately by the buyer and any claim for shortages, defects or that the goods do not conform to an agreed specification description shall be made within 3 days. The goods shall be retained for inspection by Adlington Ltd . Adlington Ltd will not be liable if the buyer makes any use of the goods or fails to store the goods correctly. Only the incorrect part of the order will be refunded. Goods cannot be returned unless they fail to meet specification.

If any of these conditions or part thereof are held to be invalid it shall for that purpose be omitted but it shall not prejudice the effectiveness of these conditions

This agreement shall be governed by English law and all disputes submitted to the courts of England or Wales

Nothing in this agreement shall restrict the buyer’s statutory rights.

1. Introduction

The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please contact us.

3. Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

6. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

7. Disclaimer of Liability.

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

8. Use of the Website.

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than England and Wales). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

9. General

9.1 Entire Agreement.

These terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

9.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

9.3 Conflict.

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

9.4 Waiver.

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

9.5 Cession.

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

9.6 Severability.

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

9.7 Applicable laws.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

9.8 Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

9.9 Personal Data

Adlington Ltd use of Google Analytics to track visitor trends on this site. No personal data is captured or used and no attempt will be made by us to identify a single person. For more information about Google Analytics see http://www.google.co.uk/analytics"

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