Terms and Conditions
WEBSITE TERMS AND CONDITIONS
1. Introduction
1.1 We are Holme-Grown, a trading name of Fauvic Nurseries Limited, a Jersey registered company (number 54196). We are not registered for VAT as Jersey is VAT exempt. Our registered office is at Thomas Edge House, Tunnell Street, St Helier, Jersey, JE2 4LU. Our other contact details are specified in the "Contact Us" section on our website.
1.2 We own and operate this website.
1.3 These terms and conditions ("T&Cs") comprise a contract between you and us governing your use of this website. If you are a consumer your statutory rights are not affected by this agreement.
1.4 References to "goods" in these T&Cs include "services". Headings are for information only and are not binding.
1.5 We may update these T&Cs from time to time and any changes will be notified to you via a suitable announcement on our website. The changes will apply to the use of the website after we have given notice. If you do not wish to accept the new T&Cs you should not continue to use the site. Your use of the website after the date on which the change comes into effect indicates your agreement to be bound by the new T&Cs.
1.6 Information in these T&Cs in italics relates specifically to electronic sales made via the website.
2. Purchase of goods or services
2.1 Much of the fresh produce referred to on this website is supplied by Fauvic Nurseries, but other produce is sourced locally where possible, and other ’non-Jersey’ produce is clearly labelled as such in store. Only Genuine Jersey Produce is sold online (exc. Hampers)
3. Registration
3.1 You must be 18 years to register on this website. You must supply us with correct information on registration and promptly notify us of any changes.
3.2 The user name and password selected by you on registration are personal to you and are not transferable. You are responsible for keeping them secure and for any use of the website including orders made by anyone using your user name and password.
3.3 You must protect against unauthorized access to your computer. Ensure that you sign off when you finish using a shared computer.
3.4 Any breach of security concerning your user name and password should be notified to us immediately.
3.5 We may at our discretion suspend or terminate your registration or use of this site without notice and without giving reasons.
4. Instability of the internet
4.1 The internet is an inherently unstable medium. We do not guarantee uninterrupted or error-free service and accept no responsibility in respect of such interruptions or errors.
4.2 We do not guarantee that this site will operate either fully or in part on any specific computer equipment or in any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology.
4.3 We reserve the right to suspend the website without notice for repair, maintenance or other technical reasons.
5. Information on this website
5.1 Descriptions and other information concerning particular goods: Where we use information supplied by other producers to describe their goods, they are responsible for such information. While we require that the producers supply accurate and reliable information, we cannot accept responsibility if this is not the case.
5.2 Other information on the website: We use reasonable efforts to include accurate and reliable information on this site but make no promise to this effect. Such information is used or relied upon at your own risk.
5.3 If you inform us of any inaccuracies on the website, we will attempt to correct them as soon as we reasonably can.
6. Links to other sites
6.1 On this website you may be offered links to other sites which we hope will be of interest. However, we have no control over such sites and do not endorse them. You agree that we are not responsible for the availability or content of, or goods or services available on, those websites.
7. Intellectual property rights
7.1 The content of our website including without limitation all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trade marks, service marks, patents or other proprietary rights.
7.2 Except insofar as expressly permitted in these terms and conditions, the content of this website may not be retrieved, displayed, modified, copied, printed, downloaded, sold, hired, reverse engineered or transmitted in any way without our prior written consent.
7.3 You may retrieve and display the content on this website for your personal and non-commercial use only and in connection with any actual or proposed order by you on this website.
7.4 You may not link to this website or include this website in part or in whole within another external website without prior written permission.
8. Data protection
8.1 Personal information collected from you is subject to our privacy policy.
9. Disclaimers
9.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
9.2 Without prejudice to the rest of these T&Cs, our liability of any kind including breach of contract, tort (including negligence) or otherwise with respect to this website or any goods purchased via this website shall be limited to the amount of any order to which the claim relates.
9.3 In no event (including our own negligence) will we be liable for any:
9.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
9.3.2 loss of goodwill or reputation;
9.3.3 special, indirect or consequential losses; or
9.3.4 damage to or loss of data
(even if we have been advised of the possibility of such losses) with respect to this website.
10. General
10.1 These T&Cs constitute the entire agreement between you and us in connection with the use of this website. Any failure by us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any part of this agreement is deemed ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement save in relation to paragraph 9.1.
11. Force majeure
11.1 We are not liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control
12. Law and jurisdiction
12.1 This contract shall be governed by Jersey law and any disputes will be decided only by the Jersey court.
Date [06/02/2008] Version [1.1]