Terms & Conditions – Customers

Local E Sourced Ltd Terms Of Service – Customer

 

Welcome to Local E Sourced. These pages numbered 1 to 10 inclusive (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any items (the “Items”) from our locally-sourced.co.uk website or mobile applications and related services (each referred to as an “Application”).

Please read these Terms carefully before ordering any Items from our website or Application. If you have any questions relating to these Terms please contact info@locally-sourced.co.uk before you place an order. If you are a consumer, you have certain legal rights when you order Items using our website or Application. You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them.  By setting up your Local E Sourced account, you confirm that you accept these Terms.

 

Local E Sourced Terms Of Use For Website And Applications

 

The pages herein (together with the documents referred to on it) set out the terms of use on which you may make use of our website locally-sourced.co.uk (our “Site”) or any application we make available via an app store or otherwise (our “Service”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

 

  1. Information About Us

 

locally-sourced.co.uk is a website operated by Local E Sourced Ltd (“we”, “us”, “local e sourced” or “locally sourced”), incorporated and registered in the England and Wales, whose registered office is at The Owls Nest, Bredwardine, Herefordshire HR3 6BY United Kingdom. Our Company registration number is 12531743. Local E Sourced Ltd is a business where the products and services are produced and/or their businesses are registered in the county of Herefordshire (our “Partner Suppliers”) and delivered by us.

 

  1. Purpose

 

Our objective is to link you to the local suppliers we partner with (“Partner Suppliers”) and allow you to order Items for delivery (our “Service”). Where you order through our website and application, Local E Sourced processes your order through our Website and Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Local E Sourced via a national courier based locally (“Local E Sourced Delivery”).

 

  1. Your Account

 

Before you can place orders for Items using our website or Application, you need to open a Local E Sourced account. When you open an account, you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

 

  1. Service Availability

 

Each Supplier offers products that are available. If the product is not available from the supplier, it will not be accessible on the website or application.

 

  1. Orders

 

When you place an order through our website or Application, we will send you a notification if your order has been accepted (the “Confirmation Notice”). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. All Items are subject to availability.

  

  1. Delivery

 

When you place an order, you will receive your package within 48 hours unless specified on your order confirmation. We will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible.

Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time.

We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, if packing the order has started you will be charged the price for packing cancellation, and if the driver has been despatched you will also be charged for delivery.

 

  1. Your Rights if Something is Wrong With Your Items

 

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the courier.

 

  1. Age Restricted Products

 

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. The driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The delivery driver may refuse to deliver alcohol to any person who is or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

 

  1. Cancellation

 

You may cancel an order without charge at any time before the packing process has started (a “Started Order”). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our website or Application. If the packaging department can confirm the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order – see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full packing price for the Items, and if the driver has been despatched you will also be charged for delivery.

Local E Sourced may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

 

  1. Prices, Payment and Offers

 

You confirm that you are using our Service for personal, non-commercial use. Local E Sourced may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Supplier. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2-hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.  Where Local E Sourced make a delivery, we will charge you a delivery fee unless it is over a specific amount stated at check out. This will be notified to you during the order process before you complete your order.

The total price of your order will be set out on the checkout page on our website or Application, including the prices of Items and Delivery and applicable Service Fees and taxes.

Payment for all Items and deliveries can be made on our website or Application by credit or debit card, or other payment method made available by Local E Sourced. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Local E Sourced. Payment may also be made by using vouchers or account credit. Use of these is subject to Local E Sourced Voucher and Account Credit Terms.

 

  1. Our Responsibility for Loss or Damage That You Suffer

 

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised in section 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.

 

  1. Accessing Our Service Or Our Services

 

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact info@locally-sourced.co.uk straight away to let us know. We can deactivate your account at any time.

 

  1. Acceptable Use

 

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 15 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

 

  1. Interactive Features Of Our Site

 

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 16 below. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

  1. Content Standards

 

These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not:

15.1    contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

15.2    infringe any copyright, database right or trademark of any other person;

15.3    be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

15.4    be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

15.5    be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

15.6    advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

  1. Suspension And Termination

 

Failure to comply with section 13 above (Acceptable Use) and/or section 15 above (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

16.1    immediate, temporary or permanent withdrawal of your right to use our Service;

16.2    immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;

16.3    issuing of a warning to you;

16.4    legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and

16.5    disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

 

  1. Intellectual Property Rights

 

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

 

  1. Reliance On Information Posted

 

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

 

  1. Our Site And Our Service Change Regularly

 

We aim to update our Site and our Service regularly and may change the content at any time. If the need arises, we may suspend access to our Site and our Service or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

 

  1. Our Liability

 

We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service, we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

  1. Information About You And Your Visits To Our Site And Use Of Our Service

 

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

 

  1. Uploading Material To Our Site And Our Service

 

Any material you upload to our Service or data that we collect as set out in section 20 above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

 

  1. We only sell to the UK.

 

Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

 

  1. Products may vary slightly from their pictures.

 

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display our products accurately, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5 % tolerance.

 

  1. If you are not available when the product is delivered.

 

If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from our depot. However, if we need to rearrange delivery to your address, then we reserve the right to charge you for the additional delivery.

 

  1. Links From Our Site

 

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

  1. Data Protection

 

We process your personal data in accordance with our Privacy Policy which can be found in Appendix 1. “Privacy Policy

 

  1. Other Terms

 

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by English law and you can bring legal proceedings in relation to our Service in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts.

 

  1. Jurisdiction And Applicable Law

 

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

  1. Variations

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

 

  1. Your Concerns

 

If you have any concerns about material which appears on our Service, please contact info@locally-sourced.co.uk

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