Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Helen’s Bay Organic or friends and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website, you are able to link to other websites, which are not under the control of Helen’s Bay Organic. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Helen’s Bay Organic takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Internet Copyright Notice

This website and its content is copyright of “Helen’s Bay Organic” – © “Helen’s Bay Organic” 2023. All rights reserved.

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 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

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.

Website Usage

By browsing and using this website you are agreeing to comply with and be bound by these terms and conditions of its use, The term “Helen’s Bay Organic” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect or consequential losses;

In any case whether or not such losses were within the contemplation of the parties at the date of the Conditions, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Cookies

Our website ( https://www.helensbayorganic.com) places small data files called ‘cookies’ on your computer when you use it. This is standard for all websites. Cookies help us give you a better experience on our website. Some collect information about browsing and buying patterns. By using and browsing our website, you agree to our use of cookies. If you don’t agree, you’ll need to disable cookies, or else stop using the site.

What are cookies? Our website uses cookies to collect information. They ‘remember’ when your computer or device accesses this website. They are essential to our website working properly and let you shop with us online. Cookies also tailor the products we sell and how they are advertised to our customers, both on our website and elsewhere.

Information collected – Some cookies are used to collect information about your browsing and buying behaviour, if you access this website via the same computer or device. This information is about the pages you look at, any products you buy and the way you move around the site. We also set a cookie when you enter your postcode to show the products available in your area.

We can use cookies to monitor individual customer browsing and buying behaviour, but third parties cannot identify you using cookies.

Who sets the cookies? The cookies stored on your computer or device when you access this website are set by or on behalf of Helen’s Bay Organic. Cookies may also be set by third parties who work with us in marketing programmes, such as Google.

Google Analytics, a web analytics service provided by Google, Inc. (“Google”) helps us learn more about how people use our website and improve customer experience. None of these third parties can collect any personal data that they would be able to identify you from.

What are cookies used for?

1. For technical purposes essential to the effective working of our website, particularly in relation to online transactions.

2. To let us collect information about the browsing and shopping habits and activities of our customers, including monitoring the success of campaigns, competitions etc.

How do I disable cookies? If you want to disable cookies you need to change your website browser settings to reject cookies. How you do this will depend on your browser, so refer to your browser for help.

What happens if I disable cookies? It depends on which cookies you disable, but in general this site will not work properly if you switch cookies off. If you only disable third party cookies you can still buy from our website. If you disable all cookies, you won’t be able to buy from our website.

For more information on Cookies, please go to our Cookies Policy page.

You must ensure that Helen’s Bay Organic is supplied with a suitable and agreeable means by which to obtain payment. Details of how to pay can be found in the frequently asked questions of our website.

We cannot accept any liability for how long it takes the banks to process your payment or repayment, either by card or by cheque.

Where you pay by cheque we cannot make any guarantee as to when this will be paid into our account.

We reserve the right to refuse deliveries to you and to cancel your account where payment(s) have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that have not been made in accordance with these terms and conditions.

It is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.

Orders placed with Helen’s Bay Organic may be subject to acceptance based upon a minimum spend, which are published on our website.Helen’s Bay Organic reserves the right to alter the existing, or introduce new minimum spend conditions which will be published on our website.

Any orders you make on the website will be automatically submitted to us at the order cut off times published in the ‘frequently asked questions’ on our website and as per 1.3 . You have the ability to alter, amend and cancel your order up until this cut off time and by allowing an order to be submitted to us you confirm that you have made any such corrections and cancellations and enter into a contract to buy the products from us. You cannot then cancel or withdraw your order, or any part of it except as per 6.3 below.

Where the removal of a product reduces your spend in a particular product category below a given minimum spend threshold (as per 4.2) then we reserve the right not to deliver all products within that product category. Where the minimum order value is not met we reserve the right not to deliver your entire order. Such refusals will be credited in full, however, we will bear no liability for such refusals.

No order placed online is accepted from us until you have received an email confirming your delivery day.

While we will endeavour to deliver all accepted orders, some may fit outside our free delivery zone or may not be suitable under certain circumstances. If payment has already gone through via card payment for an order we can’t deliver, we will refund the amount in full. We will bear no liability for the unavailability to deliver to an address.

All of the products that we offer are subject to variations in seasonal availability and supply price. Hence, when you set up a regular (repeat) order for a product or products the price of those items will change over time from when you first ordered them. You accept that the price to be paid for all items in your order will be that stated on the website at the time of the order submission as per 4.3.

Where an item has been displayed on our website with an incorrect, erroneous price we reserve the right to remove that item from your order, amend the price to one that is correct or to not deliver the item and refund the price paid.

All prices displayed on the website are inclusive of any applicable taxes and duty (including VAT).

You are entitled to cancel payment for products where there has been fraudulent use of your payment card (despite the above provisions). Where a fraudulent payment has already been made then you should contact your card issuer for credit back to your card.

We only sell to consumers and you must not resell any products ordered from us.

We will deliver to the address stated in your Helen’s Bay Organic account (herein also referred to as “home”).

We reserve the right not to deliver to all locations, or not to deliver all products to all locations. You will be notified during the account creation process if we are unable to deliver to your address. Where we are unable to deliver certain products to your address we will make them unavailable for you to order (both on the website or via the telephone).

It is your responsibility to make suitable arrangements to receive your delivery. The delivery notes section of your account is important as it allows you to leave instructions of a suitable location where your delivery can be left if you are not at home to take receipt of the goods, which forms part of our contract under these terms and conditions. It is important that you provide a suitable means (at your own cost) to keep any goods we deliver that need to be refrigerated at a temperature below 8oC until such a time as you are able to refrigerate them.

Once your delivery instructions have been followed and completed by us, you will accept that you are in possession of the delivered goods. Where the delivery instructions have been followed; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods.

In order to maximise efficiency and reduce food miles your order will be delivered on a set day of the week. We will aim to keep this day fixed, however, we reserve the right to change it (either temporarily or permanently) and we will notify you of any such changes.

The time that your order is delivered on that day will vary week on week depending on traffic, weather and the number of deliveries to be made that day. If ordering regularly, you may notice that your delivery occurs at a similar time each week, however, we make no guarantee of this time and accept no liability for inconvenience or loss as a result of a deviation from it.

We cannot accept liability for any inconvenience or loss where we are unable to deliver to you, or deliver to you late for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, strike actions, supplier failures). We will of course refund you for any part of your order which is not delivered or which has been compromised as a result of the delay.

To minimise our carbon footprint Helen’s Bay Organic reserves the right not to provide a printed receipt with your delivery. Your delivered goods and their value can be viewed online via your Helen’s Bay Organic account.

You must inspect your goods as swiftly as possible after delivery and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty or that were delivered without us following these terms and conditions. However, such liability will be limited to the value of the erroneous and / or undelivered goods.

You may cancel your account with us at any time either online or by notifying us in writing, over the phone or by email. Suspending or cancelling your account will not affect or remove any rights or liabilities accrued up until that point and any orders submitted (as per 4.3) prior to your account cancellation will remain binding.

Helen’s Bay Organic may cancel your account and or any accepted orders at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

You can cancel your order either online or by phone or email. Cancellations must be made by Monday 4pm of the week that the delivery is occuring by phone or email. In exceptional circumstances and at our discretion, we can cancel at our own discretion but may charge a one-off sum as your order will have been harvested and packed for delivery. This is to go towards the cost of preparing your order at the farm, which happens on the day before delivery. Charges:

£5 for orders up to £25 in value
£10 for orders £25-100 in value
£20 for orders over £100 in value

We guarantee that our products will be of a satisfactory condition and quality (with the exception of defects caused by your misuse, neglect or by accidents while the goods were in your possession). Please notify us if you are dissatisfied with any of our products. If upon examination they are defective or faulty we will gladly refund you the price paid for them – Please email us a Photo of the damaged goods for quality and accounting purposes.

We accept no liability in relation to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, trade or trade opportunities).

Our entire liability under these terms and conditions will not exceed the purchase price of the goods in question. Nothing in these terms and conditions can limit our liability to your death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.

We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, adverse weather, acts of God, strikes, labour disputes, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

You are not entitled to assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

These terms and conditions are governed by and construed in accordance with Northern Irish law and courts will have no-exclusive jurisdiction over any disputes which arise in relation to these terms and conditions.

f any of the provisions in these terms and conditions are found to be invalid by a court having jurisdiction, then the invalidity of that provision will not affect the validity of any other provisions within these terms and conditions.

A. Aggressive or abusive behaviour

We understand that people can become angry when they feel that matters about which they feel strongly are not being dealt with as they wish. If that anger escalates into aggression towards our staff, we consider that unacceptable.

Any aggression or abuse directed towards our staff will not be tolerated.

Aggressive or abusive behaviour includes language (whether verbal or written) that may cause staff to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. The use of swear words in written or verbal communication will not be tolerated and these communications will not be responded to. Swearing at members of staff will not be tolerated and could result in account & service suspension.
We also consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, to be abusive behaviour.

B. Unreasonable demands
A demand becomes unacceptable when it starts to, or when complying with the demand would, impact excessively on the work of our staff. Or when dealing with the matter takes up an excessive amount of staff time and in so doing, disadvantages other members of the public.

For example:

i. Repeatedly demanding responses within an unreasonable timescale

ii. Demanding responses from several members of staff on the same subject;

iii. Insisting on seeing or speaking to a particular member of staff when that is not possible;

iv. Repeatedly changing the substance of an enquiry or complaint or raising unrelated concerns;

v. Repeatedly posing a question time and again, when a response has already been given, because the individual may not like the answer they have received.

C. Unreasonable levels of contact

Sometimes the volume and duration of contact made to our staff by an individual causes problems.

This can occur over a short period, for example, when a large number of calls or emails are received from the same person in one day.

i. When we are dealing with a complaint or enquiry, this may occur when a person repeatedly makes long telephone calls to us or;

ii. Inundates us with emails or;

iii. Copies of information that have been already sent or that are irrelevant to the substance of the complaint or enquiry.

iv. Changes account details unreasonably as a provocation or abuse. In particular changing details to fake information.

v. Abuses staff at the Farm or during deliveries.

We consider that the level of contact has become unacceptable when the amount of time spent talking to an individual on the telephone, or responding to, reviewing and filing emails or written correspondence, impacts on our ability to deal with the matter, or on our responsibility for carrying out tasks relating to other constituents.

D. How we manage abusive or aggressive behaviour:

Any member of staff who directly experiences aggressive or abusive behaviour from a constituent or member of the public, has the authority to deal immediately with that behaviour in a manner they consider appropriate to the situation and which is in line with this policy.

Staff will end telephone calls or email discussions if they consider the caller aggressive, abusive or offensive. Our staff have the right to make this decision, to tell the customer that their behaviour is unacceptable and to end communication if the behaviour then persists.

If behaviour persists in future correspondence, we will tell the person in writing that we will not permit any further contact from them.

How we deal with other categories of unreasonable behaviour

Where a member of the public repeatedly phones, visits our farm, raises the same issue repeatedly, or sends us large numbers of documents or emails about which the relevance is not clear, we may decide to:

• Limit contact from the person at set times on set days;

• Restrict contact to a nominated member of staff who will deal with future calls or correspondence;

• See the person by appointment only;

• Restrict contact to written correspondence only;

• Refuse to deal with further correspondence and return any documents or, in extreme cases;

• Advise the person that further irrelevant documentation will be destroyed;

• Take any other action that we consider appropriate to the circumstances.

• We have the right to terminate the customer’s account in any case that there is abuse to staff or the service.

Where we consider continued correspondence on a wide range of issues to be excessive, we may tell the person that only a certain number of issues will be considered in a given period and ask them to limit or focus their requests accordingly.

Where someone repeatedly demands a response on an issue on which they have already been a given a clear answer, we may refuse to respond to further enquiries from the person.

We will always tell the person by email the action we are taking and the reasons why.