This page provides information about who we are and the legal terms and conditions that may apply to your use of www.porcus.co.uk and any product or service you order from us.
Who we are
This website is owned and operated by Porcus People Limited, a company registered in England and Wales (Company number 08575419) whose registered office is at Porcus Farm, Tower Causeway, Todmorden, OL14 7JE. Our registered VAT number is 269399634. Unless we say otherwise, we use the terms “Porcus”, “Porcus Larder”, “we” and “us” on this website to refer to Porcus People Limited, throughout these Terms and Conditions, which include the Website Terms of Use, Privacy & Cookie Policy and our General Terms and Conditions of Sale (“Website Terms”).
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us by any of the following means:
Phone us on: 07595 506820
E-mail us at: info@porcus.co.uk
Write to us at: Porcus, Porcus Farm, Height Top, Tower Causeway, Todmorden, OL14 7JE.
Website Terms Of Use
The Website Terms apply to your use of the Porcus website at www.porcus.co.uk (the “Website”) and to any order you place on the Website. The Website Terms apply regardless of how you access the Website, including any technologies or devices by which Porcus makes the Website available to you at home, on the move or in store. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do NOT use this Website.
All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of this Website.
As this website is hosted on the WordPress platform, please also see the WordPress Privacy Policy as an addendum to these Terms and Conditions: https://automattic.com/privacy/
Your Use Of This Website
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
Ownership Of Rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Porcus People Limited.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Guidelines For Gift Wrap Message, Product Reviewed And Surveys
Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.
Ownership of Submissions
Other than personal data (which is subject to our Privacy and Cookie Policy) all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Porcus on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of Porcus People Limited once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
Social Networking Sites
These terms also govern any Submissions you make on any Porcus related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Porcus People Limited or its employees and Porcus is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable.
Intellectual Property Rights
A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Porcus People Limited of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any Porcus related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Porcus pages of third party social networking sites are not the responsibility of, or endorsed by Porcus. All rights, including copyright on Porcus pages are owned by or licensed to Porcus. Any use of any Porcus social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Porcus Limited. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others.
Confidentiality
Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Porcus related third party social networking site 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 you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
Rules for Submissions
You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.
Please be polite and only write in English (or the applicable language for the Porcus Website on which you are posting a submission). If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
Submissions should not include:
profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
comments about other reviewers or bloggers
remarks that repeat criminal accusations, false, defamatory or misleading statements
material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
spam or advertising
third party brand names or trade marks
HTML code, computer script or website URLs
availability, price or alternative ordering or delivery information
information about Porcus suppliers or manufacturers
Porcus, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season.
Please let us know if you see any Submissions which do not comply with our rules.
Accuracy of content
To the extent permitted by applicable law, Porcus disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Porcus People Limited.
Damage to your computer or other device
Porcus uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Porcus People Limited shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Links To Other Websites
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Porcus People Limited cannot accept any liability in respect of the use of these websites.
Exclusions Of Liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
Password/Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Porcus shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Other Legal Notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
Entire Agreement
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, Jurisdiction And Language
Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
Changes To These Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
General Terms And Conditions Of Sale
These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.porcus.co.uk (the “Website”). These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Porcus makes the Website available to You at home, on the move or in store. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Placing An Order
To place an order please pay via the PayPal checkout.(you do not need a PayPal account to use this service. Alternatively you can pay by bank transfer or by card over the phone. Please phone 07539 836449 to arrange these transaction methods prior to placing an order.
Please see our Privacy and Cookie Policy for more information on how your personal information will be used.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. Porcus shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us.
When you order through the Website via our PayPal checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. We will not store the details that you provide via guest checkout (save for processing your order, or if you have opted in to receive marketing from us). Please see our Privacy Policy to see how your personal information will be used and stored.
Acceptance Of Your Order
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us.
Prior to despatch of the product(s),Porcus has the right to decline an order for any reason, including legal and regulatory reasons.
We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment up until we dispatch the products.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Porcus has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Porcus People Limited shall incur no liability in such circumstances.
Payment
During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.
All card payments are subject to authorisation by your card issuer. We take payment immediately for most products save for Food to Order, where in most circumstances, we take payment at the earliest order deadline for the products you have ordered. In some instances we will require the payment of a non-returnable deposit and payment of any balance on collection in store.
All products ordered will remain the property of Porcus People Limited until we have delivered the products to the address specified by you or they have been collected at the Farm. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
Delivery (including delivery charges and timescales)
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address.
Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales.
Collection from Porcus Farm
You will need to bring a printout of your order confirmation and one form of identification for the person/organisation paying for the order when you collect from Porcus Farm. We’ll be in touch when your order is ready. All orders can be collected from 12 noon unless previously agreed.
Delays
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Changes To Your Order
Any changes to your order must be notified to us within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and/or the price you pay for the item (you will be charged the current selling price on the day you amend your order).
Order Substitutions
Due to the nature of small-scale farming, we can sometimes, albeit rarely, be out of stock of certain items. Should this happen, we will substitute the items with something similar and of equal or greater value. Thank you for your understanding.
Right to cancel
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
Applicability of cancellation rights: Legal rights of cancellation under the CRD available for UK or EU consumers do not apply to certain products and services (for example,made to measure orders, food and personalised items), any products with a seal where the seal is broken.
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable) for such loss or damage.
This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
Damaged or Incorrectly Supplied Goods
In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account, PayPal Account or by cheque (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
Product And Service Descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise;
packaging may vary from that shown on the Website;
the weights, dimensions and capacities shown on the Website are approximate only;
whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery;
products shown may not be actual size;
any garnish, decoration, serving dishes or utensils are not included unless stated in the product description;
the number of servings given is for guidance only;
all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Age restricted products
The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
In particular, please note that age restrictions apply in the UK to the purchase of Alcohol, this can only be purchased by, and for, individuals aged 18 and over. By placing an order you confirm that you (and, if different, the recipient of the product and/or service) satisfy the age requirements necessary to buy our product or service.
Legal Compliance
You agree that you will not use, sell or supply any product(s) purchased from Porcus in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
Liability
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizens’ Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Assignment, Waiver And Third Party Rights
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Privacy and Cookie Policy
Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Website, and you can view the Cookie Policy here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy and Cookie Policy in its entirety.
Porcus is a registered trademark of Porcus People Ltd