milk&more Website : Terms & Conditions
This is the website of milk&more. Please read the following terms and conditions carefully, together with the privacy policy; they govern milk&more’s relationship with you in relation to this website and all purchases made on this website.
milk&more may update these terms and conditions at any time. You should check from time to time to review these terms and conditions to ensure that you are aware of any changes. These terms and conditions were most recently updated on 23 May 2007.
Using or accessing this website indicates your acceptance of these terms and conditions. If you do not wish to accept these terms and conditions you should not place an order and should not continue to use this website.
To register with milk&more via this website you must be 18 years of age or older. You must ensure that the details provided by you on registration are correct, and inform us immediately of any changes by updating your personal details.
milk&more offers a number of different service plans to customers. Before you start using any of these services, please ensure that you have selected the plan most appropriate to your requirements. Details of these plans can be found under “our services”.
A
TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS
1
Purchase Contract
1.1
All purchases made on this website are governed by the latest version of these terms and conditions existing at the time of purchase. If you order goods after we have published any changes you will be bound by those changes for future purchases. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the terms and conditions have changed since your most recent order we will display the date when these terms and conditions were most recently updated.
1.2
Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer.
1.3
Customers selecting one of the online service plans (the “Online Service Plans”) may place, cancel, amend or correct orders at any time up to 10pm on the day prior to the day of delivery. Once your changes have been reflected in your delivery schedule it is deemed to be confirmed, this may take a few minutes. If you place an order by text we will confirm acceptance of your order by return. It is not possible to amend an order after 10pm on the day prior to delivery.
2
Price and Delivery Charges
2.1
The price of the goods will be as quoted on the website at the time you place your order, subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable to the substitute item at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.2
If you wish to place an order on the website, having received a hard-copy catalogue, please check the terms and conditions and prices as stated on this website prior to making such an order. In the event of any inconsistency between the hard-copy catalogue and the website, the provisions and prices of the website shall prevail.
2.3
The prices stated on the website will be inclusive of any VAT payable, unless otherwise stated.
2.4
milk&more offer customers a number of Online Service Plans, some of which include a milk delivery charge (the “Milk Delivery Charge”). The Online Service Plans give customers the opportunity to purchase milk at discounted prices. If the Online Service Plan you select includes a Milk Delivery Charge it will be charged separately to your account, in advance for the following month. For the Online Service Plans, the Milk Delivery Charge will be charged regardless of whether you exercise your right to purchase milk at discounted prices, and will be non refundable in the event that the option is taken for a part-month.
2.5
If you wish to upgrade your Service Plan, then this will take effect from the date that you notify us. Your next invoice will charge you based upon your existing Service Plan prior to the upgrade and your new Service Plan from the date of upgrade. This invoice may also include a pro-rata element of any incremental Milk Delivery Charge for the new Service Plan that you have chosen for the period from the date that you gave notice to the next invoice date. If you decide that you want to downgrade the Service Plan that you have chosen, then you must notify us and this change will become effective on the date of your next invoice, at which point product and Milk Delivery Charges will be altered to reflect your new Service Plan.
3
Methods of Payment
3.1
Payment may be made by debit or credit card. No other vouchers or "money off" coupons will be accepted towards payment of an order. The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.
3.2
Upon signing up for one of the Online Service Plans, customers will be required to make payment for the first month’s Milk Delivery Charge, if applicable. Thereafter online customers will be required to settle their account on a monthly basis. Customers will receive an email indicating that an invoice has been charged to their online account. This invoice will include commodity purchases from the previous month, and the following month’s Milk Delivery Charge. Customers will be expected to settle this invoice online within 16 days and failure to do so may result in the suspension of your deliveries.
3.3
You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4
Delivery
4.1
Delivery will be made to the address specified by you when you register on the website. We reserve the right to restrict or cease deliveries in any area at our sole discretion.
4.2
Goods are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may return any substitute item within 3 days and we will refund the amount you have been charged for that substitute.
4.3
Acceptance of goods shall be deemed to take place on delivery, unless we are notified in accordance with clauses 4.2 or 5.1. If you are concerned about the safety of your delivery, please speak to your roundsman and he will endeavour to leave your goods in an appropriate place.
5
Defective or Incomplete Goods
5.1
In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us within 48 hours. You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and subject to clauses 5.2 and 6.1, such liability shall be our entire liability to you in respect of incomplete or incorrect goods.
5.2
You must inspect the goods and notify us within 48 hours of any defective goods. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 48 hours of delivery of the goods. We will arrange with you for the goods to be returned to us. Subject to clauses 5.1 and 6.1 such liability shall be our entire liability to you in respect of defective goods.
5.3
These terms and conditions do not exclude our liability (if any) to you for:
  • death or personal injury resulting from our negligence;
  • fraud;
  • any matter which it would be illegal for us to exclude or to attempt to exclude our liability
5.4
We will not be deemed to be in breach of contract or of these terms and conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, disruption to the website, road traffic problems.
6
Privacy
6.1
milk&more is committed to preserving your privacy. The personal information you provide will enable us to provide you with the goods you require. We will not transfer, disclose, sell, distribute or lease your personal information to third parties, unless we have your permission or are required by law. Please see our Privacy Policy.
6.2
When you register with milk&more you will be asked to create a password. Please keep this secret, as you are responsible for maintaining the confidentiality of your password. You are responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
6.3
When you register with milk&more you will receive a random auto-generated PIN number. This number will be required solely to authenticate your identity to our call centre operators to allow them to access your account. Please keep this PIN number secret, as you are responsible for maintaining the confidentiality of your PIN number. You are responsible for all orders placed with us or information given to us under this PIN number. You must immediately notify us of any unauthorised use of your PIN number.
7
Customer Feedback
7.1
If you have any feedback about a milk&more product you have bought or have a query regarding a delivery, please contact us at consumercare@dairycrest.co.uk.
B
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
8
Use of this website and our intellectual property rights
8.1
We have made this website available to you for your own personal use. We may modify, withdraw or deny access to this website at any time.
8.2
This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text.
8.3
You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.
8.4
You may print or download materials from this website for your own personal use or copy the content to other individuals for their personal information provided that:
8.4.1
no materials are modified in any way;
8.4.1
no materials are modified in any way;
8.4.2
no graphics are used separately from accompanying text;
8.4.3
our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
8.4.4
the person to whom you are providing these materials is made aware of these restrictions.
9
Limitation of liability
9.1
This website should only be used for information purposes. It is not advice and you should not rely on it to make (or refrain from making) any decisions or take (or refrain from taking) any action.
9.2
No information on this website is intended as an invitation to invest or otherwise deal in shares of Dairy Crest Group plc.
9.3
milk&more does not guarantee that this website will operate free of error or that it is free from computer virus or any other contaminating computer programs.
9.4
This website is made available for public viewing on the basis that milk&more excludes to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this website or reliance upon the content of this website.
10
Information on this website
10.1
The information contained on this website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained above remains unaffected by this.
11
Linking
11.1
We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites in any way. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.
11.2
You may not link to this website from another website without our consent in writing.
12
Governing law and jurisdiction
12.1
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
12.2
The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
milk&more is owned and operated by Dairy Crest Limited (part of Dairy Crest Group plc), trading as milk&more, a private company registered in England & Wales and our registered number is 02085882 (“Dairy Crest”). The registered address of Dairy Crest is Claygate House, Littleworth Road, Esher, Surrey, KT10 9PN. Our VAT number is 609276330.