TERMS AND CONDITIONS
Last updated July 01, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Helen’s Bay Organic (Company‘, ‘we‘, ‘us‘, or ‘our), a company registered in Northern Ireland at Coastguard Avenue, Helen’s Bay, Bangor BT19 1JY.
We operate the website http://www.helensbayorganic.com (the Site), as well as any other related products and services that refer or link to these legal terms (the Legal Terms) (collectively, the Services).
We provide an Organic vegetable box delivery scheme and Click & Collect services.
You can contact us by email at info@helensbayorganic.com or by mail to Coastguard Avenue, Helen’s Bay, Bangor BT19 1JYNorthern Ireland.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Helen’s Bay Organic, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable licence to:
  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@helensbayorganic.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the PROHIBITED ACTIVITIES section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
  • confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (
2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
 
(3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a
minor in the jurisdiction in which you reside; (
5) you will not access the Services through automated or non-human means, whether through a bot, script or
otherwise; (
6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
–  Visa
–  Mastercard
–  American Express
–  Discover
 
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in British Pounds.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
7. RETURN POLICY
All sales are final and no refund will be issued.

 

8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.
  • Be abusive to any staff

9. USER GENERATED CONTRIBUTIONS

 

The Services does not offer users to submit or post content.

 

10. CONTRIBUTION LICENCE

 

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

 

11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.helensbayorganic.com/privacy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Helen’s Bay Organic and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Belfast, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Belfast, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
24. WEBSITE

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 ( http://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.

25. PAYMENT

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.

26. ORDERING AND PURCHASING

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.

27. DELIVERY AND DELIVERY INSTRUCTIONS

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.

28. CANCELLATION

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

29. WARRANTIES & APPLICABLE LAW

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.

30. ZERO TOLERANCE POLICY

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.

31. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Helen’s Bay Organic
Coastguard Avenue
Helen’s Bay, Bangor BT19 1JY
Northern Ireland
info@helensbayorganic.com
These terms of use were created using Termly’s Terms and Conditions Generator.
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