Terms & conditions

Website disclaimer

FIMP terms and conditions

These terms and conditions were recently updated in accordance to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”).

OUR TERMS AND CONDITIONS

This page provides information about who we are and the legal terms and conditions that may apply to your use of FarmInMy Pocket.co.uk and any product or service you order through us.

Please read these Terms and Conditions and the Privacy and Cookie policy carefully before you start to use the Website.

The Terms and Conditions apply to your use of the Farm In My Pocket (‘FIMP’) website at www.farminmypocket.co.uk (the ‘Website’) and to any products you purchase through it. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which FIMP makes the Website available to you at home, or on the move. You must read these Terms and Conditions 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 via the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions 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 and Cookie Policy govern your use of this Website.

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 use. You may not use the content of the Website for any commercial purposes whatsoever.

USE OF THIS WEBSITE FROM OUTSIDE THE UK

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of making information freely available and promoting products and services available in the UK. All products are sold through third parties and all transactions are solely between the purchaser and the seller, and FIMP accepts no responsibility for delays, damage, incorrect goods or any other difficulty arising from such purchase. Any complaints whatsoever must be directed to the seller and not to FIMP. Those who choose to access this Website from locations outside the UK or to place orders through it for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

OWNERSHIP OF RIGHTS

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to FIMP.

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.

Social networking sites

These Website Terms also govern any Submissions you make on any FIMP 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 FIMP and FIMP is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Website 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 Website Terms shall constitute an assignment to FIMP 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 FIMP related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on FIMP pages of third party social networking sites are not the responsibility of, or endorsed by, FIMP. All rights, including copyright on FIMP Website pages are owned by or licensed to FIMP. Any use of any FIMP 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 FIMP. 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 FIMP 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, where permitted:

You must be 18 years of age or older to post a Submission.

Please be polite and only write in English. 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:

abusive, offensive or otherwise inappropriate language;

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, promotions or alternative ordering or delivery information;

information about FIMP suppliers or manufacturers;

references to any products other than the product to which the Submission relates;

FIMP, 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 do not comply with the rules above.

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, FIMP 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 FIMP.

Damage to your computer or other device

FIMP 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, FIMP 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, FIMP cannot accept any liability in respect of the use of these websites.

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 the Website.

WEBSITE PURCHASES

The FIMP website includes a shop through which visitors can access goods available for sale by third parties. All purchases of such goods made through the FIMP website are contracts solely between the buyer and seller and FIMP is not responsible for the accuracy of product descriptions, prices, delivery choices or returns policies or any other aspect of the purchase, and FIMP cannot be held responsible for any difficulties which arise as a result. Any such difficulties must be resolved between the buyer and the company from whom they purchased the product.

In respect of orders placed through 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 FIMP 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.

FIMP has partnered with certain trusted third parties to make available certain additional services and third party products and services to you. Each third party microsite has its own terms and conditions and privacy policy. We may also place links on this Website to other websites. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites.

You agree that you will not use, sell or supply any product(s) purchased from M&S 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 of Sale limits our liability for personal injury or death caused by our negligence or for fraud.

You have certain rights as a consumer, including statutory rights relating to faulty or misdescribed goods. Your statutory rights operate in addition to our goodwill policy. For further information about your statutory rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions of Sale will affect these statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.

We may update or amend these Terms and Conditions e 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.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions 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 Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

Entire Agreement:

These Terms and Conditions 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 matter that arises 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 any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Terms and Conditions:

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions 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 Terms and Conditions.

Free Seeds offer

Farm In My Pocket believes all the seeds offered by us are free from disease, have been correctly identified, are truly edible and will breed true to type. However, there is no warranty, express or implied, as to the type, description, or any other quality of these seeds, and we cannot accept any liability in any way from the resulting crop. Different foods can affect people differently. With all new foods, it is wise to only try small amounts first, especially if you have a history of allergies to similar plants. We reserve the right to refuse to supply seeds to anyone, without explanation.