TERMS & CONDITIONS

 

Welcome to www.davidstowcheddar.co.uk.

These Terms and Conditions are the terms which apply when you access the website www.davidstowcheddar.co.uk or place orders to purchase any of the products made available to you on the website. Any reference to “we”, “us” or “our” is a reference to Dairy Crest Limited and any reference to “you” or “your” means you, the user of the website.

By using this website you accept and agree to be bound by these Terms and Conditions of Sale, the Privacy and Cookie Policies, and such other policies we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these Terms and Conditions affects your statutory rights as a consumer, or otherwise.

1            About us

1.1        We are Dairy Crest Limited trading as Saputo Dairy UK, a company registered in England and Wales under company number: 02085882 with its registered office at 5 The Heights, Brooklands, Weybridge, Surrey KT13 0NY. Our VAT number is: GB609276330.

1.2        We are a producer of leading British food brands and value added ingredients. The Davidstow range of premium cheddar cheeses are sold throughout the UK. We are owned by Saputo, one of the top ten dairy processors in the world. For more information on Saputo Dairy UK’s brands, see https://uk.saputo.com/brands/.

2            Your privacy and personal information

2.1  Our Privacy Policy is available here.

2.2        Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

2.3        It is your responsibility to choose a suitably strong password and personal username when setting up an account to prevent unauthorised access. Please keep these confidential and secure. All activity that takes place through your account is your responsibility. If you believe that your username or password has become known to, or is being used by, people other than you, please contact us immediately.

2.4        You will receive an email notification from us of your account set-up, please keep this email for your records.

2.5        We reserve the right to require you to change your password and to suspend or cancel your account where we have reason to believe there has been or could be a breach of website security.

3       Product Descriptions

3.1  We have made every effort to ensure that the goods displayed on the website conform to the descriptions as accurately as possible but please note that all images are for illustration purposes only. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your device’s display of the goods accurately reflects the colour of the item delivered.

3.2        We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantity of goods displayed on our website without prior notice.

4            Ordering goods from us

4.1        When you place an order via our website it is classed as an offer, which if accepted by us results in a legally binding contract.

4.2        Please read and check your order carefully before submitting it.

4.3        When you place your order, at the end of the online checkout process (i.e. when you click on the ‘make payment’ button on Worldpay), we will accept the order by email. The email will confirm the details of your order, including your unique order reference number. Once this email has been sent, a contract has been formed and payment will be taken. If, in the unlikely event, your order is not accepted, we will notify you via email why this is the case, and no payment will be taken.

4.4        It is your responsibility to check all the information in the confirmation email is correct, and notify us immediately via email or via our Contact Us form should there be any inaccuracies. We will not be liable for reimbursing you for the value of any goods which have perished or been damaged as a result of your failure to inform us of inaccurate information being listed on the confirmation email.

4.5        Orders placed with Dairy Crest Limited are subject to a minimum order spend of £15, as published on our website here. We reserve the right to alter the existing or introduce new minimum spend conditions which will be published on our website.

5            Right to cancel

5.1        Once confirmed it may not be possible to prevent an order from dispatch or delivery.

5.2        Should you wish to cancel an order that has been accepted by us, and a confirmation email has already been sent out to you, we cannot guarantee that we will be able to cancel the order and provide a full refund. If you Contact Us as soon as possible however and your items have not yet been dispatched, we will endeavour to cancel the order and refund you in full without charge. In cases where your goods have already been packaged and/or dispatched, this will not be possible.

6            Delivery

6.1        We use DPD next day delivery service to deliver our goods. As our goods are perishable, we will only attempt delivery ONCE, on the scheduled delivery date.

6.2        The scheduled date for delivery of the goods is set out in the shipping confirmation email. A one hour delivery window will be communicated on the morning of delivery via email and/ or SMS.

6.3        If something happens which (i) is outside of our control; and (ii) affects the scheduled date and/or time of delivery, we will let you have a revised estimated date for delivery of the goods. The goods are supplied in insulated shipping boxes to protect their product quality for up to 48 hours.

6.4        Delivery of the goods will take place when we deliver them to the address that you gave to us at checkout. It is your responsibility to ensure that someone will be present on the scheduled delivery date and that they are able to refrigerate the goods on that day. As our goods are perishable we give the driver permission to leave the goods in a place the driver considers secure outside the recipient’s door if no one is at home. In the event that there is nobody available to receive the delivery on the scheduled delivery date and no secure location can be identified to make delivery, we are unable to offer any refunds or compensation, provided the delivery was attempted that day

6.5        We will deliver the products to you as soon as reasonably possible and in any event within 5 working days after the day on which we accept your order. Delivery times quoted on our website are based on availability, normal processing and the availability of our third party service providers, for example the courier company that fulfils the order for us.

6.6        We are currently only able to deliver to an address in Mainland UK: England, Wales & Scotland excluding Highlands & Islands. Due to the perishable nature of our goods we cannot currently accept orders for delivery to the Scottish Highlands & Islands, Northern Ireland, Isle of Wight, Isle of Man, Channel Islands or International addresses.

6.7        For full details on the delivery and shipping process please see our Delivery Information here.

7            Prices, Delivery Charges and Payment

7.1        The price of the goods shall be as stated on the website at the time you place your order except in the case of obvious error. If we discover an error, we will not be liable to supply the goods at the stated price provided we notify you before we dispatch the goods to you. In those circumstances, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If cancelled and you have already paid for the goods, you will receive a full refund.

7.2        The price of the goods is in pounds sterling (£) (GBP), includes VAT at the applicable rate; and does not include the cost of delivery of the goods. The delivery charges are £4.95 per parcel. If the order exceeds the maximum box capacity as set out in the Delivery Information, your order will be sent in two or more parcels, as appropriate, and charged accordingly. Full and final shipping fees will always be reflected at checkout. Free delivery is available if you spend £45 or more in one transaction. We reserve the right to alter prices and delivery charges at any time without notice.

7.3        All payments for goods must be made when the order is placed. We will not reserve or dispatch goods before payment is received. We accept payment by Visa, Mastercard, Maestro and JCB through the WorldPay platform. Your debit or credit card details are entered by you, directly to the secure Worldpay site. We do not access or store credit card details, nor do we share them with any third party.

7.4        We reserve the right to refuse deliveries to you and cancel your order/account where payment(s) have been withheld.

8            Complaints and Refunds

8.1        The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, goods must be of satisfactory quality, be fit for purpose; and match the description, sample or model.

8.2        If you have any questions, complaints or comments, you can contact us by emailing our customer service team at consumercare@saputo.com or by filling out a Contact Us form on this site.

8.3        We take great pride in the quality and condition of our goods.  All of our goods are subject to rigorous testing and inspection prior to delivery to ensure they are in optimum condition when dispatched. In the unlikely event that you are unhappy with the condition of any of the products that you receive, or your delivery arrives with any missing products, please notify us within 48 hours, including photographic evidence, and we will take any necessary action to resolve the matter to your complete satisfaction. Please do not return any goods to us.

8.4        We will provide you with a full refund for any goods you receive that were not ordered, are defective, damaged in transit, have been substituted with goods that are unacceptable to you or that were not delivered in accordance with these Terms and Conditions. However, such liability will be limited to the value of the erroneous and/or undelivered goods.

8.5        If you do not inform us of a problem with the order within 48 hours of receipt of your delivery, or you do not provide any photographic evidence relating to the complaint, we will be unable to accept your claim or provide a refund.

8.6        If you wish to complain about the quality of the goods themselves, then you must inform us of the issue as soon as possible and in any event before the best before date of the respective goods.

8.7        In the event that we cannot reach agreement with you as to how to resolve your complaint, you may choose to provide details of your complaint to a relevant alternative dispute resolution scheme such as https://www.tradingstandards.uk/commercial-services/adr-approved-bodies.

9            Packaging safety

9.1        Our packaging contains re-usable, safe, cooling ice packs. However, we do advise keeping these out of reach of children. Our cardboard delivery boxes are 100% recyclable and biodegradable, as is our wool insulation that keeps your cheese chilled. For more information on our insulation, please visit the Woolcool website. Our gift boxes also contain paper filler to cushion the contents of the boxes. We would advise keeping all these components out of reach of children, and we cannot accept liability for any injuries that may occur that are either directly or indirectly linked to any packaging we deliver to you.

10         Limitation of liability

10.1     Save for death or personal injury caused by our negligence, we accept no liability and shall not be responsible for any indirect or consequential losses or damages howsoever they may arise, whether foreseeable or otherwise.

10.2     As mentioned in term 8.4 above, our liability shall be limited to the value of the goods.

11         Events beyond our reasonable control

11.1     We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

12         Governing Law and Jurisdiction

12.1     These Terms and Conditions are governed by the laws of England and Wales.

12.2     If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.

13         Intellectual Property Rights

13.1     We own (or hold the relevant licence to use) the intellectual property rights including copyright and trade marks in this website, all imagery, descriptions, content, all products and packaging. Any reproduction or redistribution of our or our third party’s intellectual property may result in civil and criminal penalties.

14             Website Discount Codes

14.1        From time to time we may offer Website Discount Codes on this website, on marketing emails and / or on flyers. We will provide information on the expiry date and other significant conditions that apply to use of the Website Discount Code (for example eligibility, minimum spend and discount amount).

14.2        Website Discount Codes can be applied to purchases on www.davidstowcheddar.co.uk by entering the code at the checkout page. They cannot be applied to purchases in store or at in-person events.

14.3        Unless stated otherwise, Website Discount Codes are subject to the following limits:

14.3.1        each Website Discount may only be used once per customer; and

14.3.2        only one Website Discount Code may be used per transaction.

14.4        The balance of a Website Discount Code is deducted in full when applied to a transaction. Any unused balance will be forfeited and cannot be applied to future transactions.

14.5        Website Discount Codes cannot:

14.5.1        be exchanged for a cash or credit equivalent; or

14.5.2        be applied to taxes or delivery charges.

14.6        Refunds for products purchased using a Website Discount Code will not include sums discounted as a result of a Website Discount Code.

14.7        We reserve the right to cancel orders that use Website Discount Codes to the extent that we suspect fraudulent purchasing activity or another breach of the terms and conditions associated with use of a Website Discount Code.

14.8        Should a Website Discount Code become unavailable (whether due to technical issues, limited product supply or otherwise), we will not be liable to you or required to offer a replacement Discount Code.

15      Amendments to the Website and Terms and Conditions

15.1   We reserve the right at any time to make changes to these Terms and Conditions, the Privacy Policy and Cookie Policy and such other policies as we may notify you of.  You will be subject to the policies and Terms and Conditions in force at the time you use the website or place an order from the website or other means. We may transfer our rights and obligations under these terms to another organisation. However you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If any of the Terms and Conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining Terms and Conditions.

INSTAGRAM & FACEBOOK VALENTINES PRIZE PROMOTION TERMS & CONDITIONS

 – FEBRUARY 2024  

1.               Prize 

There will be two separate winners (one from Instagram and one from Facebook) who will each win a prize which includes a selection of Davidstow Cheddars & Accompaniments sold via our Davidstow website, worth at least £40.

If you have any allergies, please check the ingredients list of the products sent to you before consumption.

No entrant may win more than one prize.

The prize is as stated and no cash alternative will be offered. Prizes are not transferable.

2.               Promoter 

The Promoter is: Dairy Crest Limited trading as Saputo Dairy UK, company number 11834952

Address: 5 The Heights, Weybridge, Surrey, KT13 0NY

3.               How to participate 

In order to enter this prize promotion you must follow @davidstowcheddar on Instagram or be following the Davidstow Cheddar Facebook page which has posted the competition and comment your cheesiest valentine’s poem/pun/line on the competition post.

Where there is more than one comment of the same nature, the comment which was posted first will be entered, all other entries will be void.

Entries must not be obscene, indecent, contain profanities or otherwise contain words or symbols that are offensive. Entries must not mention brands other than Davidstow.

Entries that do not comply with these requirements will be void and will not be entered into this promotion. Offensive or obscene comments may be removed without further notice.

4.               Restrictions and requirements 

Competitions are open to all UK residents over the age of 18 except employees of the Promoter, their agents or anyone directly connected with the promotion.

Due to the perishable nature of our product, we are not able to ship to non-mainland areas of the UK (including but not limited to Northern Ireland, Isle of Wight, Isle of Man, Channel Islands and some areas of Scottish Highlands & Islands), or to non-UK destinations.

5.               Closing date 

The closing date for receipt of entries is Monday February 19th, 2024, at midday (12pm). Entries received by the Promoter after this time will be void and will not be entered into this promotion.

6.               Selection of a winner 

An independent judge will select the cheesiest 2 individual entries. The decision of the Promoter is final.

7.               Notification and announcement of the winner 

The Promoter will notify the winners via an Instagram or Facebook private message from @davidstowcheddar within 72 hours of the closing date. The winners will each then have 48 hours to confirm that they have received the message and provide an address where they would like their prize posted to.

If the winners do not respond within 48 hours a runner up will be selected as the new winner.

Once the selected winners respond to the message from @davidstowcheddar or Davidstow Cheddar Facebook Page, the winning users will be announced the original competition post on the brand’s Instagram and Facebook. If you don’t want your details announced, please let us know.

8.               Use of personal data 

Your personal data will only be used in accordance with these terms and conditions and the privacy policy set out below.

9.               Liability  

These terms & conditions shall be covered by and construed in accordance with the laws of England.

The Promoter will not be legally responsible to entrants or winners for any losses that were not foreseeable to the entrant at the time of entry to the promotion or which are caused by a third party.

 

Prize Promotion Privacy Notice 

1.               What personal data are you collecting? 

If you enter the promotion Dairy Crest Limited trading as Saputo Dairy UK (SDUK) will collect your Instagram or Facebook username and comment. If you win the prize, SDUK will also collect your name and address to post you the product. We may also request evidence of your age to verify that your entry complies with the terms and conditions.

2.               What will it be used for?  

The personal data collected will only be used for administration of the promotion ie. (i) selecting the winning comments; (ii) contacting the winner to arrange for the prizes to be sent to them; (iii) verifying that you are 18+; (iv) announcing the winners on our Instagram (unless you request that we do not do this); and (v) disclosure to the Advertising Standards Agency (if required).

3.               What is your legal basis for processing the data? 

We need it to enter into the prize draw and to contact you if you win the prize (in performance of a contract).

4.               How long will you keep my personal data?  

It will be deleted after 1 year unless we are required by law or regulation to keep a copy for longer.

5.               What are my rights in respect of the data?  

Data subjects have a number of rights including to access, rectification and erasure, full details of which are available on the Information Commissioner’s Office (ICO) website: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you have a complaint about data protection, you are able to lodge this with the ICO.

6.               How can I contact you with a data protection query? 

You can contact us at: datacontroller@saputo.com

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