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Terms and Conditions
These Terms and Conditions govern your use of the Organix Experience website (www.organixexperience.com), your relationship with Organix Experience (Organix Experience, we or us) and all orders you may make via the Organix Experience website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Organix Experience or use the Organix Experience website. Please note that to use the ordering and account management services provided on the Organix Experience website, you are required to have an account with us.
1. The Organix Experience Website is provided to you free of charge for your personal use, subject to these Terms and Conditions. By using Organix Experiences website and services you agree to be bound by these Terms and Conditions.
2. The Organix Experience Website is owned and operated by Organix Experience Limited, a company registered in England whose registered office is at 410 VM1 Victoria Mills, Shipley West Yorkshire BD17 7EE. If you have any queries please contact us; contact details are at the end of this document.
3. These Terms and Conditions including without limit paragraph 13 (Organix Experiences Liabilities) do not affect your statutory rights.
4. Registration
4.1. The Organix Experience web site allows you to register with us to allow an easier buying process. This is not compulsary. This is referred to as set up an account throughout our website and literature. However, this is not a credit account; payment will be required upon delivery of goods.
4.2. To register with Organix Experience you must be over eighteen years of age.
4.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
4.4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4.5. The personal and payment details you give to us are governed by a strict privacy policy please see the separate document by clicking here. Following your creation of an account, we will send you our new customer letter which confirms our contact details, confirms the application of these terms and conditions and provides information about cancellation of orders and other matters. For your records, please print or save these terms and conditions for your future reference as referred to in paragraph 10.1 below.
5. Password and security
5.1. When you register to use the Organix Experience Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
5.2. If Organix Experience has reason to believe that there is likely to be a breach of security or misuse of the Organix Experience website, we may require you to change your password or we may suspend your account.
5.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 7.10 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
6. Payment
6.1. You must ensure that Organix Experience are provided with details of a valid credit or debit card bearing either the Mastercard, Visa, Delta or Switch symbol. You must update us with any change to these details immediately.
6.2. Your credit card and payment details will not be held on our system. The Payment method of Paypal will verify your card details for us automatically, we therefore do not receive any credit card numbers or security codes within the web site.
7. Product purchases
7.1. You must be over the age of eighteen to purchase alcohol from Organix Experience.
7.2. You may submit orders by using our online ordering facility at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
7.3. Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below.
7.4. No order is accepted from you until we confirm this by writing to you or by delivering the products. A contract for our sale of products to you arises on our acceptance of your order.
7.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled; products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we will inform you of this and we will remove it from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.
7.6. All products offered by us are subject to occasional change in price. This is particularly likely with fruit and vegetable items which are subject to seasonal changes in supply levels and supply prices. Organix Experience will endeavour to warn you of any changes to the price or availability of items in our range. However, we reserve the right to change our prices and products without notice to reflect such changes. Current prices will always be shown in the catalogue section of our website and can be obtained by telephoning the office.
7.7. Some of our products are priced by weight. The guide weight and associated price are for guidance only; the weight you receive may vary significantly from this guide and the price you are charged will be for the weight of product delivered.
7.8. Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the website and in our new customer letter sent as required there. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and obtain some of the products especially to fulfill your order and may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you.
7.9. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
8. Delivery times
8.1. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
8.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or perm
anently and will tell you if we do so. 8.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss this causes. We will not, of course, charge for goods unless or until we have delivered them to you.
9. Excluded services
It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Organix Experience website.
10. Intellectual property
10.1. All content and programming of the Organix Experience website is the property of Organix Experience. You may retrieve and display the content of the Organix Experience website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Organix Experience website without written permission from Organix Experience.
10.2. No licence is granted to you in these Terms and Conditions to use any trade mark of Organix Experience or its affiliates or licensors.
11. Availability of the website
11.1. Although Organix Experience aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
11.2. Your access to the Organix Experience Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
12. Organix Experiences right to cancellation
12.1. Organix Experience may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
12.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Organix Experiences services, including this website.
12.3. The suspension or cancellation of your registration shall not affect either party's rights or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
12.4. Any other provisions of these Terms and Conditions applicable to the use of the Organix Experience website together with and including paragraph 13 shall survive cancellation.
13. Organix Experiences liabilities
13.1. The Organix Experience Website is provided by Organix Experience as is without any warranties or guarantees save those set out in these Terms and Conditions.
13.2. Whilst Organix Experience tries to ensure that material included on the Organix Experience website is correct, reputable and of high quality, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, Organix Experience will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Organix Experience Website. If Organix Experience is informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can.
13.3. We disclaim all liabilities in connection with the following:
(a) technical problems including errors or interruptions of the Organix Experience Website but we will use reasonable endeavours to correct or avoid them
(b) incompatibility of the Organix Experience Website with any of your equipment, software or telecommunications links
(c) unsuitability, unreliability or inaccuracy of the Organix Experience Website but we will take reasonable care to ensure information there is accurate
(d) inadequacy of the Organix Experience website to meet your requirements.
13.4. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for:
(a) any consequential or incidental or indirect damages;
(b) loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
(c) any other loss or damages,
whatsoever that arise out of or are related to the Organix Experience website.
13.5. We shall collect, process, store, and transfer your personal data in compliance with the relevant EU and UK data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
13.6. Nothing in this section seeks to limit or exclude Organix Experience's liability in respect of products sold through its website.
13.7. Nothing in these Terms and Conditions shall limit or exclude Organix Experience's liability for personal injury or death caused by its negligence.
14. Third party websites
As a convenience to Organix Experience customers, the Organix Experience website may include links to other websites or material which are beyond its control. Organix Experience is not responsible for content on any website outside the Organix Experience Website, even if it is reached via the Organix Experience website.
15. International use
15.1. Organix Experience makes no promise that materials on the Organix Experience Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Organix Experience Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
15.2. Organix Experience deliver to a limited area of the UK; information on this is available on the site, and we cannot deliver our products outside this delivery area.
16. Applicable law
16.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
16.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Condition.
17. Miscellaneous
17.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
17.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
17.3. We shall not be liable for any delay in or failure to perform any of our obligations if the delay or failure is caused by circumstances beyond our reasonable control including, without limit, difficulties or failures of our suppliers.
17.4. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
18. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Organix Experience website. The changes will apply to the use of the Organix Experience Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Organix Experience or use the Organix Experience website. If you continue to use the Organix Experience website after the date on which the change comes into effect, your use of the Organix Experience website indicates your agreement to be bound by the new Terms and Conditions.
Organix Experience Limited
410 VM1 Victoria Mills, Shipley, West Yorkshire, BD17 7EE.
Telephone: 07517490297
Email: info@organixexperience.com
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