Organic Earth Market Terms & Conditions
Thank you for accessing this Website https://www.theorganicearth.co.uk/. Please read these User Conditions before using this site which is operated by Organic Earth Market Limited, a company incorporated in England, whose registered office is at 100-104 Church Road, Hove, East Sussex BN3 2EB (registered with company number 12093250) and registered for VAT purposes with number 347 658362 ("we" or "us").
We operate this site for the purpose of promoting and selling the products and services supplied by us. By using this site, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify the conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site.
- No Reliance
Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
- Copyright Notice
This site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Content") are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it.
However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.
- No Warranty
This site and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.
- Limitation of Liability
You acknowledge that your use of this site and its content is at your own risk. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise.
Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
- Local Laws and Regulations
This site is not directed at persons in a jurisdiction where for any reason the site's publication or availability is prohibited and any person for whom such a prohibition applies must not access the site. Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
- Privacy statement
Where you do consent to our holding and use of your personal information, it is intended that such consent will benefit any purchaser of our business.
- Validity of provisions and remedies
If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
- Links to the site
Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
- Governing law and jurisdiction
These conditions are governed by the laws of England.
Terms & conditions
These Terms and Conditions govern your relationship with Organic Earth Market Limited (a company registered in England with company number 3926343 and whose registered office is at 100-104 Church Road, Hove, East Sussex BN3 2EB
(“Organic Earth”, "we", "our" or "us") and all orders that you may make for the food, drinks and Products advertised for sale by us (the "Products") via the Organic Earth Market Website, www.theorganicearth.co.uk (the "Website").
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not order from Organic Earth.
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below.
Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Organic Earth.
These Terms and Conditions were last updated on 14/11/2020.
2.1. You may order from Organic Earth without registering with us.
To track your past orders from our website and benefit from existing customer offers etc., you must register with us.
This is referred to as 'set up an account' throughout our Website and literature.
However, this is not a credit account; payment will be required upon check out.
This account can be set up by following the instructions on the Website.
2.2. To order with Organic Earth, you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
2.3. You must ensure that the details provided by you on check out/ registration or at any time are correct and complete.
2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.
2.6. Following your set up of an account, we will email confirmation of your account set up to you.
For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.
- Password and security
3.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website.
3.2. If Organic Earth Market has reason to believe that there is likely to be a breach of security or misuse of the Organic Earth Market Website, we may require you to change your password or we may suspend or cancel your account.
3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
4.1 Except for the circumstances set out in paragraph 4.6, you must ensure that Organic Earth Market are provided with details of a valid credit or debit card bearing either the MasterCard or Visa symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the 'My account' section of the Website or by calling us via the contact details on the Website.
4.2 Redacted payment information is stored within our systems for administrative purposes; we do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any Organic Earth Market staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders.
4.3 Your card will automatically be charged for the goods which you have ordered, after check out. We will submit our request for payment to your bank within normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.
4.4 We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
4.5 If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.
5. Product purchases
5.1. You must be over the age of eighteen to purchase alcohol from Organic Earth. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.
5.2. You may submit orders for Products by using our online ordering facility on the Website at any time. The facility and our communications to you in relation to any order or contract will be in the English language. The my account facility allows you to review status of your orders.
5.3 Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to view your basket details by clicking or tapping the basket icon, or clicking 'go to checkout'. You can change these or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'Checkout'. After you have clicked 'Checkout' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered from us, however you may not be able to make any changes.
5.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
5.5. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'Checkout' in the shopping basket 'order summary' page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
5.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.
5.7. Subject to clauses 5.8 and 5.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the 'Checkout' button.
5.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a 'subscription' customer (e.g. where you choose to have repeat orders of Products) the prices for certain Products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the Products stated on our Website. We recommend that you check the Website regularly.
5.9. Some of our Products are priced by weight (for example, some meat and fish Products). We show the prices for weights on the Website. The average weight and price shown is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. If the weight of the Product exceeds the guide weight by more than 20%, the price you are charged will not exceed 20% in addition to the average.
5.10. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders at least 12 hours before your order is due to be delivered. For a cancellation of or change to your orders, please contact us by telephone on 01273 773 777. You remain responsible for ensuring that any such change or cancellation is communicated by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation by telephone before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products.
5.11. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
5.12. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
5.13 All prices for Products are inclusive of any applicable VAT.
- Delivery of Products and inspection by you
6.1. We will make delivery to your address as stated when you placed an order or set up an account or update your existing address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made 12 hours before your order is due to be delivered.
6.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
6.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, keep funds for Products unless we have delivered them to you.
6.5. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.
6.6. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 14.
6.7 I understand that I need to give my fruit & veg a good wash before eating.
- Excluded services
7.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
- Availability of the Website
8.1. Although Organic Earth Market aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (firstname.lastname@example.org ) or telephone (01273 773 777).
- Cancellation rights
9.1. Organic Earth Market may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
9.2. You can cancel your registration with us at any time online, or by emailing or calling us. If you do so, you must stop using Organic Earth's services
9.3. In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 7th working day after the date of delivery of the Products by notifying us by telephone (01273 773 777), email (email@example.com) or post (Organic Earth Market Limited, 100-104 Church Road, Hove, BN3 2EB). We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such Products less our reasonable costs in collecting the goods. In the case of perishable Products you do not have the right to cancel the order or contract after deadlines published on our Website. The rights set out at this paragraph 9.3 are in addition to your rights at paragraph 10.2.
9.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
- Warranties and Organic Earth's liabilities
10.1. Whilst Organic Earth Market tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Organic Earth Market may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.6. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.
10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
any losses which are not caused by any breach by us; or
business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
10.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
- Your statutory rights
11.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
11.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
- Applicable law
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
12.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
13.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Organic Earth Market Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Organic Earth Market or use the Organic Earth Market Website. If you continue to use the Organic Earth Market Website after the date on which the change comes into effect, your use of the Organic Earth Market Website indicates your agreement to be bound by the new Terms and Conditions.
Organic Earth Market handles celery, celeriac and nuts. Our baker and kitchen handles gluten, celery, celeriac, soya, sulphites, milk and nuts.
- Promotional codes
Terms applicable to all promotions:
All promotions are valid for new customers only - they do not apply to an address with a delivery from Organic Earth Market in the last three months or with an order in place.
All promotional codes can only be used once and cannot be used in conjunction with any other offers.
Organic Earth Market reserves the right to change or end the promotion at any point without prior notice.
Expiry dates apply to all promotions as shown on the voucher.
All gifts are non-transferable, cannot be refunded and are subject to availability.
All promotions are only valid within our delivery area, please see website to check delivery status. For offers in subsequent deliveries, each delivery must not be further than 28 days apart.
In addition, for all promotions that offer free foodie surprises:
As it's a surprise, we're unable to give allergen or ingredient info in advance of your delivery, please check the product for this when you receive it.
In addition, for promotions offering free Prosecco:
You must be over 18 to redeem the offer.
In addition, for all promotions offering a discounted or free box:
Promotion applies to any fruit and veg box to a maximum value of £42. All boxes are weekly subscription.
In addition, for our recommend a friend promotion:
The customer recommending must be a current registered Organic Earth Market customer who has received a delivery in the last 28 days and has had over 3 deliveries in total. The recommend a friend promotion is valid for those new to Organic Earth Market with no previous deliveries to that address. The new account must be at a different address to the recommending customer. The new account must be set up with a different payment card to the recommending customer’s account. The promotion is not valid for active customers. The promotion does not apply to any address with a delivery from Organic Earth Market in the last three months or with an order in place already.
* All these offers are for people who do not currently have an Organic Earth Market delivery, and are not valid with any other new customer offers. Organic Earth Market reserves the right to amend the promotional period without prior notice.
Advent Calendar Promotions:
XMASCHEESE. To claim your £5 discount, simply spend £30 or more on our Christmas Cheese range which you can find here and either enter code XMASCHEESE when you check out or add it to your account here. This promotion is subject to availability and is valid for deliveries from 4th-11th December 2020 only. Please note, this promotion can be used by both new and existing Organic Earth Market customers.
XMASSAVE. To claim your %10 discount, simply spend £50 or more on our Christmas range which you can find here and either enter code XMASSAVE when you check out or add it to your account here. This promotion is subject to availability and is valid for deliveries from 11th-18th December 2020 only. Please note, this promotion can be used by both new and existing Organic Earth Market customers.