Terms and Conditions

Date of Issue: August 2020

Please read the following terms and conditions carefully before continuing to use this site.

R J Trevarthen Limited (Company Number 11926496) registered in England and Wales with its registered office at Roskrow Abattoir, Roskrow, Penryn, Cornwall, England, TR10 9AP.

This R J Trevarthen Limited site is provided free of charge for your convenience. In consideration for this we require that you agree to the following terms (‘the Terms’) for use of the Site. By accessing the Site you agree to the terms that appear below, together with any specific terms set out on individual pages within the Site. If you have any questions, please contact us using the Get in touch form.

These Terms (including any amendments made by R J Trevarthen Limited) will continue in force until such time as they are terminated. For details of how to terminate, please see below.

This site is not intended to be accessed or used by users in countries other than the UK and no representation or warranty is made whether the information available in this site complies with the regulatory regimes of other countries.

Termination

If either R J Trevarthen Limited or you wish to terminate the agreement between us this can be done by us by sending an e-mail to your e-mail address and by you by contacting us via our Get in Touch page or by us by post to your usual address and by you to our registered office as given above. Notices will be deemed to have been served one hour after submission by contact form and 3 working days after dispatch by post. You are responsible for notifying R J Trevarthen Limited of any change to your e-mail address and were provided to us, your postal address.

Any breach of these Terms shall entitle R J Trevarthen Limited immediately to terminate the service to you without notice. If you would like us to let you know our reasons for terminating the agreement between us, please contact us via our Get in Touch page.

Intellectual property

Unless otherwise stated, any intellectual property rights arising in respect of this Site’s design, text, graphics, its selection and arrangement, software, any logos, and all other material on or in this Site (the ‘Content’) belong to R J Trevarthen Limited and/or its licensors. Any use of such intellectual property rights or software or any reproduction of the Content is strictly prohibited except where expressly allowed under these Terms.

Permission is hereby granted electronically to copy and store (but not on any server or other storage device connected to a network) and print individual pages of the content on paper (but not photocopy them) from this site only for the purpose of making use of our services. You may also permit your computer to make an electronically stored, transient copy of the Content for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of the content. Any other use of the content, including reproduction for purposes other than that hereby authorized (including the removal of copyright or trademark notices), creation of an electronic or manual database by systematically downloading and storing the content, distribution (whether electronically or not) or republication is prohibited.

Any requests for permission to use the content in a manner otherwise than permitted by these Terms should be addressed to sales@rjtrevarthen.co.uk or to the following address:- R J Trevarthen Limited, Roskrow Abattoir, Roskrow, Penryn, Cornwall, TR10 9AP

For the avoidance of doubt, this permission does not transfer ownership to you or confer any other right on you in the whole or any part of the content.

The name and logo of R J Trevarthen Limited are trademarks of R J Trevarthen Limited. You are not permitted to use or reproduce or allow anyone else to use or reproduce these trademarks for any reason.

Advertisements and sponsorship

This site may contain material, including advertising and sponsorship, which originates from third parties. Those third parties are responsible for that material. It is the responsibility of such advertisers, sponsors and other third parties to ensure that such material complies with all relevant laws and regulations and R J Trevarthen Limited accepts no liability in relation to such materials. R J Trevarthen Limited provides such advertising and sponsorship for your convenience only and does not necessarily endorse the content of those advertisements and/or sponsorship. Nor is R J Trevarthen Limited in any way responsible for any transaction conducted between you and any third party who has advertised/provided sponsorship on the Site. Any transactions which you conduct with them is conducted at your own risk.

Hyperlinks

We provide hyperlinks from our site to websites of third parties. Please note that we have no control over and are not responsible for the content of linked websites and accordingly make no warranty or representation as to their contents. R J Trevarthen Limited provides these links for your convenience only but does not necessarily endorse the material on those websites nor are we in any way responsible for any transaction conducted between you and any such third parties to whose website we provide a link. You proceed to these websites entirely at your own risk.

Illegal use

You may only use the Site for lawful purposes. In accessing any part of this Site, you agree:

  • Not to use this Site in such a way that disrupts, interferes with or restricts the use of this Site by other users;
  • not to upload, display or transmit any materials through this website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
  • Not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this website or attempt to transmit to or via this Site any information that contains a virus, worm, trojan horse or other harmful or distrustful component; and
  • Not to change, modify, delete, interfere with or misuse data contained on this site and entered by or relating to any third party users of this site.

You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by copyright, trade ark, trade secret or intellectual property right which you use without permission.

You may not circumvent or attempt to circumvent R J Trevarthen Limited security systems by ‘cracking’, ‘hacking’ or otherwise.

In the interests of all our users, R J Trevarthen Limited will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.

Privacy

We take the issue of data protection and privacy of our users very seriously. Our policy on this, which includes details of the cookies used on this site, is set out in our Privacy Policy. So that we may comply with our obligations under Data Protection legislation, you are required to read and agree to the Privacy Policy before providing us with any information about yourself. Failure to do so is a breach of these Terms.

It is your responsibility to make sure that information which we hold about you is up to date and accurate. Failure to do so will be a breach of these Terms.

Changes

R J Trevarthen Limited reserves the right, at its discretion, to modify, add to or change the Site, these Terms, our Privacy Policy and any other policies at any time and any such modifications, additions or changes will be effective immediately on being posted to this site. When such modifications, additions or changes are made to the Terms, the Privacy Policy or any other policies, this will be indicated by the issue date at their start. It is your responsibility to make sure that you are aware of any such modifications, additions or changes and you will be deemed to have accepted them if you access the Site after any modifications, additions or changes have been made.

We will do our best to ensure that the Site is what we believe to be relevant, up to date and as interesting as possible, and we accordingly reserve the right, at our discretion, to make changes to any part of this site.

Choice of law and jurisdiction

These Terms shall be governed by, and construed in accordance with, English law. We both agree, for the exclusive benefit of R J Trevarthen Limited, that the Courts of England shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement; save that, it is agreed that this clause confers jurisdiction for the benefit of R J Trevarthen Limited only and R J Trevarthen Limited shall reserve the right to bring proceedings against you in the Courts of any other country, which has jurisdiction.

Email marketing

We value your privacy. We will not share the email address that you provide to us when signing up to receive our newsletter to other organizations unless we are required to do so by law. It will only be used for communications you request related to the services provided by R J Trevarthen Limited and may be used from time to time for the purpose of customer research.

General

  1. ORDERING

1.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by R J Trevarthen Limited. R J Trevarthen Limitedmay choose not to accept an order for any reason.

1.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

1.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by R J Trevarthen Limited to abuse the fair usage policy then R J Trevarthen Limited can withdraw, withhold or cancel the promotional code at any time.

2. Price and Payment

2.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT.

2.2 Customers are unable to order direct from the website, customers must ring or email the orders to head office.

2.3 After the order is received R J Trevarthen Limited shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.

2.4 Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.

2.5 In terms of products ordered in advance (Christmas offer) payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering although orders will not be shipped out until the agreed specified date

2.6 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and R J Trevarthen Limited will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

3. Performance of Services

3.1 R J Trevarthen Limited shall perform the Services with reasonable skill and care. However, where applicable, R J Trevarthen Limited does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. R J Trevarthen Limited may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible

4. Right of the Supplier

4.1 R J Trevarthen Limited reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. R J Trevarthen Limited shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

4.2 R J Trevarthen Limited reserves the right to withdraw any Goods and/or Services from the Website at any time.

4.3 R J Trevarthen Limited reserves the right to withdraw or suspend any promotion or offer code at any time.

4.4 R J Trevarthen Limited shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

5. Delivery

5.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree to a new delivery date or receive a full refund.

5.2 R J Trevarthen Limited shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and R J Trevarthen Limited shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

5.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

5.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

5.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

5.6 If the customer refuses a delivery for whatever reason, the parcel is automatically returned to R J Trevarthen Limited and a return delivery charge is applied to the Buyer.

6. Cancellation and Returns

6.1 The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, R J Trevarthen Limited starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

6.2 Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to R J Trevarthen Limited within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.

6.3 Goods to be returned must clearly show the order number obtained from the Supplier on the package.

7. Limitation of Liability

7.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by R J Trevarthen Limited the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

7.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of R J Trevarthen Limited or that of R J Trevarthen Limited agents or employees.

8. Waiver

8.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

9. Force Majeure

9.1 R J Trevarthen Limited shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and R J Trevarthen Limited shall be entitled to a reasonable extension of its obligations.

10. Severance

10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

11. Changes to the Terms and Conditions

R J Trevarthen Limited shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Please read these Terms carefully before agreeing to them. If you are uncertain as to your rights under them or if you have any queries or comments about them, please contact us at sales@rjtrevarthen.co.uk or seek independent legal advice.