Terms & Conditions

Terms and Conditions

These terms and conditions are the contract between you and HERD Butchery Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. 

I / We are HERD Butchery Ltd, Main Street Butlersbridge, Cavan, Co Cavan. 

You are: Anyone who uses Our Website. 

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately. 

The Terms and Conditions: 

1. Definitions 

In this agreement: 

2. Interpretation 

In this agreement unless the context otherwise requires: 

2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation. 

2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing; 

2.4. [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person; 

2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party. 

2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation; 

2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation. 

2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated €50 per hour]. 

2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website. 

2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail. 

3. Our contract with you 

3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. 

3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement. 

3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

2 3.4. [Because we rely on our suppliers, we / We] do not guarantee that Goods advertised on Our Website are available. We may change these terms from time 

to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. 

3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods. 

3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied. 

3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve. 

4. Acceptance of your order 

4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason]. 

OR 

4.2. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order. 

AND 

4.3. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason. 

OR 

4.4. Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation]. That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall despatch your order]. 

4.5. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may: 

4.5.1. accept the alternatives we offer;

3 4.5.2. cancel all or part of your order. 

5. Price and Payment

5.1. The price payable for the Goods that you order is clearly set out on Our Website. 

OR 

5.2. The Price is as set out in the order.  

5.3. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price. 

5.4. Prices include value added tax (“VAT”) Where applicable . If you show by your delivery address that you reside outside EU, VAT will be deducted at the payment point. 

OR 

5.5. Prices include value added tax (“VAT”) Where applicable. If you show by your delivery address that you reside outside EU, we will refund to you the amount charged as VAT. 

5.6. [If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.] 

5.7. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you. 

5.8. [Any information given by us in relation to exchange rates are approximate only and may vary from time to time.] 

5.9. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you. 

5.10. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay. 

5.11. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [14] days from the date when we accept that repayment is due. 

6. Security of your Credit Card 

We take care to make Our Website safe for you to use. 

6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. 

6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. 

7. Cancellation and Refunds 

This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

7.1. Our products are sold fresh we cannot accept returns. However, if the products are not to your satisfaction, please contact us and a member of staff will be happy to discuss this matter with you and provide a replacement or a refund where possible. 

The following criteria must be met to qualify for a refund: 

● Product is defective. 

● Product is not as described. 

● Perishable goods are completely exempt from being returned. 

8. Liability for Subsequent Defects 

1. We will repair or replace Goods which show a defect. If you claim that the item is defective, the following conditions apply: 

1.1. the defect must be reported to us within [four weeks] of becoming apparent; 

1.2. the defect results only from faulty design or manufacture; 

1.3. you have returned the defective Goods or parts to us if we have so requested. 

2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge. 

3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect. 

9. Delivery and Pick Up 

9.1. Goods are delivered 3 days from the cut off date of that week. 

9.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery. 

9.3. If we are not able to deliver your Goods within days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. 

9.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery. 

9.5. [Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.] 

9.6. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience. 

9.7. Signing “Unchecked”, “Not Checked” or similar is not acceptable.

9.8. [Goods are sent by courier. We will send you a message by email to tell you when we have despatched your order]. 

9.9. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery. 

10. Foreign Taxes and Duties

10.1. If you are not in EU (European Union) country, we have no knowledge of, and no responsibility for, the laws in your country.

10.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country. 

11. Your account with us

11.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

11.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

11.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password. 

12. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

12.1. be malicious or defamatory;

12.2. consist in commercial audio, video or music files;

12.3. be illegal, obscene, offensive, threatening or violent;

12.4. be sexually explicit or pornographic;

12.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

12.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

12.7. solicit passwords or personal information from anyone;

12.8. be used to sell any goods or services or for any other commercial use;

12.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

12.10. link to any of the material specified above, in this paragraph.

12.11. send age-inappropriate communications or Content to anyone under the age of [18]. 

13. Your Posting: Restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:

13.1. hyperlinks, other than those specifically authorised by us;

13.2. keywords or words repeated, which are irrelevant to the Content Posted.

13.3. the name, logo or trademark of any organisation other than yours.

13.4. inaccurate, false, or misleading information.

14. How we handle your Content

14.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link to privacy policy].

14.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

14.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

14.4. [You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical].

14.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

14.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may 

occur as a result of any Content having been Posted by you.

14.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

14.8. Please notify us of any security breach or unauthorised use of your account. 

15. Removal of Offensive Content

15.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

15.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

15.3. If you are offended by any Content, the following procedure applies: 

15.3.1. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

15.3.2. we shall remove the offending Content as soon as we are reasonably able;

15.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

15.4. We may re-instate the Content about which you have complained or not.

15.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

15.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any. 

16. Security of Our Website

If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

16.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

16.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

16.3. download any part of Our Website, without our express written consent;

16.4. collect or use any product listings, descriptions, or prices;

16.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

16.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

16.7. share with a third party any login credentials to Our Website.

16.8. Despite the above terms, we now grant a licence to you to:

16.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

16.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website. 

17. Indemnity 

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: 

2. your failure to comply with the law of any country; 

3. your breach of this agreement; 

4. any act, neglect or default by any agent, employee, licensee or customer of yours; 

5. a contractual claim arising from your use of the Goods; 

6. a breach of the intellectual property rights of any person. 

18. Intellectual Property 

18.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

18.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. 

18.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. 

18.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content. 

19. Dispute Resolution

In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015. 

The following terms apply in the event of a dispute between the parties: 

19.1. If you are not happy with our services or have any complaint then you must tell us by email message to [email address or an updated address which you will find on Our Website]. 

19.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. 

19.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr