Terms & Conditions

 

Acceptance of terms

These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of The Dashing Farmhouse website (the “Site”).

We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

1. About us

The Services are operated by The Retail Elite Limited ("we"). We are registered in England and Wales under company number 11727319 and with our registered office address at 18-20 Canterbury Road, Whitstable, Kent, CT5 4EY.

VAT Number 376 0474 82.

2. Accessing our Service

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.

 

 

3. Description of thedashingfarmhouse.com service

Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and the specific Seller that you purchase the goods from and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.

We are not responsible in any way for listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.

 

4. How contracts are formed between you and Sellers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

5. Payment methods

Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming an email gift voucher or physical gift card against us to put towards your purchase of goods and/or services on the Site. Except as otherwise described in the Gift Card special terms and conditions below, in accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods including Gift Cards, the Seller acknowledges and agrees that the valid payment by you to us or redemption of a Gift Card for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via thedashingfarmhouse.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. All prices shown on the Site are inclusive of VAT or other sales taxes due in the United Kingdom or the EU.  For delivery destinations outside of the United Kingdom, prices do not include other customs duties which will, if applicable, be payable by you. 

6. Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

7. Delivery arrangements

The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days. Please check the main Product Description page to find the Delivery and Returns policy for each product.Should you have any questions, please feel free to contact us at any time!

8. Import regulations and duty

If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

9. Returns

Please see our Returns Policy if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately some items are non-cancelable and non-refundable, please see our Returns Policy for more information.

 

10. Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

10. Viruses, hacking and other offences

You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

11. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12. Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13. Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

14. Force majeure

Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

15. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either The Dashing Farmhouse or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of The Dashing Farmhouse when acting as commercial agent of any Seller.

21. Law and jurisdiction

Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

22. Feedback and Complaints

General comments about the Site are welcome, please email us at info@thedashingfarmhouse.com. Complaints about a specific Seller, goods or services must be directed to the Seller concerned for resolution directly with them. 

23. Other applicable terms and conditions

Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.

Gift Card: special terms and conditions

When purchasing a Gift Card or using a Gift Card to make a purchase on thedashingfarmhouse.com, you agree to be bound by the Customer Terms above and also to be bound by the special conditions relating to Gift Cards below.

How to purchase and redeem Gift Cards

1. When purchasing a Gift Card from thedashingfarmhouse.com the purchaser must choose a Card type and design.

2. Email Gift Cards will be dispatched by email to the designated email account as soon as payment for the email Gift Card has been cleared.

3. Physical Gift Cards will be posted to the recipient of the Gift Card within three (3) working days after payment for the Gift Card has been cleared.

4. It is the responsibility of the purchaser to ensure that the delivery email address or physical address entered is correct. We cannot be responsible for the incorrect delivery of Gift Cards due to an error by a customer (such as, a mis-typed email address or physical address).

5. Gift Cards are only available for purchase in pounds sterling using a credit, debit card.

6. When redeeming a Gift Card the unique code and pin (if applicable) stated on the Gift Card will need to be entered at the checkout. If the holder of the Gift Card does not have an account with us they will be required to open one in order to redeem the Gift Card.

7. The holder of a Gift Card can only redeem the value against us. The Gift Card cannot be redeemed against Sellers and are not accepted as a means of payment by Sellers featured on our Site.

8. If the goods purchased total less than the value of the Gift Card, any remaining Gift Card balance will be held against your account.

9. If credit under a Gift Card is insufficient for us to meet the full cost of the goods purchased the balance must be paid by credit or debit card when the Gift Card is redeemed. 

10. Please note that the value of the Gift Card will be deducted by us from your online account and any top-up-payment will be debited, before the applicable Seller will have accepted your offer to purchase a product. As a consequence, if the Seller(s) does not accept your offer to purchase a product, we will reinstate the amount of the Gift Card used and reverse any top up payment made in anticipation of such purchase to your credit or debit card respectively.

11. Our Customer Terms shall apply regarding the purchase of goods or services regardless of whether you redeemed a Gift Card as part of the purchasing process.

General Gift Card terms and conditions

12. By purchasing and/or redeeming a Gift Card you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

13. The Customer Terms on the Site shall apply to Gift Cards. If and to the extent there is a conflict or inconsistency between the Customer Terms and these General Gift Card terms and conditions or Gift Card terms and conditions featured on a Gift Card, the General Gift Card terms and conditions and Gift Card terms and conditions featured on a Gift Card (as applicable) shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Customer Terms shall also apply to these General Gift Card terms and conditions.

14. Gift Cards cannot be used to purchase other Gift Cards.

15. We shall not be responsible if a Gift Card is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, or otherwise is suspected to be affected from fraud.

16. We cannot be held responsible for Gift Cards that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox, any other factors outside of our control or incorrect physical address.

17. Gift Cards cannot be returned or refunded, except in accordance with your legal rights. Gift Cards cannot be exchanged for cash or transferred for value.

18. Gift Cards are valid for 3 months from date of issue.

19. We reserve the right to amend these Gift Card: special terms and conditions and General Gift Card terms and conditions at any time without notice and may take appropriate action, including the cancellation of a Gift Card if, in our absolute discretion, we deem such action necessary.

Promotional code terms and conditions

20. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

21. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.

22. Promotional codes cannot be used in conjunction with any other offer on thedashingfarmhouse.com, including (but not limited to) any other thedashingfarmhouse.com promotional code, in the same transaction, or for the purchase of Gift Cards.

23. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. 

24. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (eg, via an on-site banner).

25. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

New Seller Promotion terms and conditions

1. thedashingfarmhouse.com may from time to time introduce promotions relating to new Sellers, and/or the products of those new Sellers, on the Site

2. thedashingfarmhouse.com reserves the right to amend or suspend any new Seller promotion at any time, at its discretion.