Terms and Conditions of Use
These Terms and Conditions govern your relationship with The Cheery Pear and all orders that you may make for the produce and products advertised for sale by The Cheery Pear (The Cheery Pear, we or us) via our website, www.thecheerypear.co.uk.
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. By placing an order you are deemed to agree to these Terms and Conditions.
We reserve the right to revise these Terms and Conditions, so please check periodically for any changes. If you do not agree to any revised Terms and Conditions, please inform us and we will discontinue your order.
To order from The Cheery Pear 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.
Payment is accepted by Bank Transfer to the details on the invoice that is issued 2-3 days prior to delivery or cash on delivery. Payment must be made on or before delivery. Customers with regular orders can set up a standing order to cover the payment, payment must also be made on or before delivery.
We reserve the right to suspend or terminate deliveries to you if payment is not in place by our stated deadlines.
Any order submitted via our website is not accepted by us until an email is issued from us confirming this. Any order submitted by phone, Facebook, email or face to face will be accepted (or rejected) verbally by our staff. Your submission of an order amounts to an offer to enter a contract to buy the goods from us. When we accept an order, we do all that we can to fulfil that order. However, products are subject to availability and we cannot guarantee that all products will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, the item will not be charged to your account, giving rise to a credit, which may be offset against future orders. Credit may be refunded to you upon request.
All products are subject to fluctuations in supply levels and prices. We will endeavour to warn you of any changes to price or availability of items, but we reserve the right to change our prices and products as necessary. If you are a regular (repeat) customer, prices may differ from when your original order was placed. We recommend that you check our prices regularly via the website or by phone. Some items may be sold by weight. Weights are approximate and for guidance only, thus the weight you receive may vary from this guide.
Ordering a product from us carries with it the obligation to pay for it, together with any applicable delivery charge, unless we receive a cancellation or amendment from you before our stated deadline of 5pm on the Tuesday of the week of delivery. You remain responsible for ensuring not only that any such cancellation or amendment is issued to us, but also that it is received by us before the stated deadline. Any orders cancelled before the stated deadline can give rise to a credit which may be offset against further orders. Credit may be refunded to you upon request.
Where an item has been displayed on our literature (leaflets, website, social media sites) with an incorrect, erroneous price we reserve the right to remove that item from your order, amend the price to one that is correct or to not deliver the item and refund the price paid. We will always advise you if this occurs so you can amend or cancel your order.
5) Delivery of Products & Returns and Refunds Policy
We will make delivery to your delivery address as stated when you register or update that address. We reserve the right not to deliver to all locations. You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that your delivery is stolen from the agreed delivery location or damaged there, we do not accept liability, but may consider compensation at our discretion. Any changes to delivery address details must be made before our stated deadlines.
We will advise you which day your delivery will take place. We will endeavour to keep this day the same but reserve the right to change it temporarily or permanently and will advise you if we do so.
If we are unable to deliver your order or have to deliver late or on a different day, for reasons beyond our control, we cannot accept liability for any inconvenience or loss that this may cause.
Claims for damaged, poor quality or wrongly delivered goods must be notified to us within 24 hours of delivery, otherwise they may not be considered. It may be necessary for us to inspect defective goods and you will be notified if this is the case when a claim is made. We will refund or replace defective goods notified to us within this timescale, provided that the defect(s) have not been caused by mistreatment, neglect or accidents caused while the goods are in your possession.
Please ensure that all produce is stored correctly after delivery. Fresh produce, except potatoes and bananas, should be kept chilled.
Due to the short shelf life of fresh produce, we are unable to accept any returns unless a mistake was made on our behalf. If we have made a wrong delivery, we will endeavour to deliver your correct order or refund you for missing items.
6) Cancellation rights
The Cheery Pear may suspend or cancel any accepted order or your registration at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You may cancel your registration with us at any time by phone, email or in writing, provided that you advise us by 5pm on the Tuesday of the next delivery. You remain responsible for ensuring not only that any such cancellation is issued to us, but also that it is received by us before the stated deadline.
8) Intellectual Property
All content and programming of the The Cheery Pear website, Facebook page and literature is the property of The Cheery Pear. You may retrieve and display the content of our website on a computer screen, store such content in electronic form on disk or memory stick (but not on an server or other storage device linked to a network) or print a copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website without our written permission.
9) Availability of the website
Although The Cheery Pear aims to offer you the best possible service, we make no promise that your website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs, please report it to us and we will correct the fault as soon as we reasonably can.
Your access to our website or social media accounts 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 any of these are unavailable, our usual order and cancellations deadlines apply, so please notify us of any changes by phone or email.
10) Our Liabilities
To the best of our knowledge, the material included on this website and our social media accounts and any price lists or other product information source available from The Cheery Pear are correct at the date of posting. Without prejudice to your statutory rights, we cannot accept responsibility for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our website. If we are informed of any errors or omissions, we will attempt to correct these as soon as we reasonably can.
In accordance with paragraph 5, our sole liability for defective products will be to replace those products or to refund the price of those products. This liability does not apply to defects which have been caused by mistreatment, neglect or accidents caused while the products are in your possession.
If you are a consumer, please note that this does not affect your statutory rights.
We will not be liable to you for any losses, including business or trade losses (including loss of profits, loss of goodwill, loss of reputation and loss of business), arising in connection with the supply or products and related services or their use by you.
Nothing in this section seeks to limit or exclude our liability to you, where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products.
Nothing in these Terms and Conditions limits or excludes our liability to you for death or personal injury resulting from our negligence, or that of our employees.
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.
11) Your Statutory Rights
If you are a consumer (an individual acting outside of the course of
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).
It is important for you to know that nothing in these Terms and Conditions affects your statutory rights.
12) Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with Scots Law. The Scottish courts will have exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
13) Use of the website
You are asked not to use our website, social media accounts or our ordering facility for any unlawful or abusive purposes and you shall be liable for any such misuse.