Terms and Conditions

The Buyer’s attention is particularly drawn to Clause 11

1. Definitions

Seller means Cornish Lavender Ltd of Great Carnbargus Farm, Carnbargus, Perranporth, Cornwall, TR6 0JG.
Buyer the person who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the items which the Buyer agrees to buy from the Seller as set out in the confirmation of order.
Price the price for the Goods, as quoted on the Seller’s confirmation of order.

2. Conditions

These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

3. Price
The price for the Goods, as quoted on the Seller’s confirmation of order.

4. Payment
Payment for Goods, including postage and packaging, must be made in full prior to goods being despatched.

5. Goods
The Goods are sold as described in the confirmation of order.
Cornish Lavender Ltd draws the Buyers attention to the natural variations that occur within some of our product ranges that could result in the product looking different from the images on the website.
Where Goods bought through the website are unavailable, Cornish Lavender Ltd will endeavour to contact the Buyer to source an alternative product or to offer a refund.
The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.

6. Warranties
Cornish Lavender Ltd offer no warranty other than that deemed by the Consumer Rights Act 2015 .

7. Delivery

7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

7.5 By ordering online your order will be dispatched to you by Royal Mail or another approved delivery company within five working days, unless otherwise stated.

8. Return Arrangements and Refunds
8.1 If you wish to return all or part of your order, you must confirm this in writing to Cornish Lavender Ltd at Great Carnbargus Farm, Carnbargus, Perranporth, Cornwall, TR6 0JG or via email at cornishlavenderfarm@gmail.com within 2 working days of receiving your order. Cornish Lavender Ltd reserve the right to refuse to accept returns at our discretion. Please do not return any items until you have received confirmation from Cornish Lavender Ltd that we will accept your return and you have been issued with a returns number.

8.2 Regrettably, we cannot accept returns of used products unless defective.

8.3 Any items to be returned must be unused and in saleable condition. Photographic evidence may be requested.

8.4 The cost of the return will be paid for by the Buyer and products should be adequately packaged to ensure their safe return to Cornish Lavender Ltd.

8.5 Cornish Lavender Ltd will only issue a refund on returned products once they have been received and inspected and found to be unused and in a saleable condition.

9. Damaged Goods
9.1 Cornish Lavender Ltd take every care to ensure the quality of products sold and their safe arrival to your agreed address.

9.2 In the unfortunate event that all or part of your order is damaged on arrival, please contact Cornish Lavender Ltd at Great Carnbargus Farm, Carnbargus, Perranporth, Cornwall, TR6 0JG or via email at cornishlavenderfarm@gmail.com as soon as possible and no later than 2 working days after receipt of the order to inform us .

9.3 Cornish Lavender Ltd reserve the right to request photographic evidence of damaged goods and will liaise with you to determine whether or not the damage was due to fault or negligence at Cornish Lavender Ltd and whether you are entitled to a refund or replacement goods.

9.4 Cornish Lavender Ltd cannot be held responsible for any loss or damage of goods due to the delivery process, any such claims should be taken up with Royal Mail or the delivery company used in the first instance.

10.Title and risk

10.1 Risk shall pass on delivery of the Goods to the Buyer’s address

10.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until delivery.

10.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

10.3.a If you have read this far, please contact cornishlavenderfarm@gmail.com for a free 100gm bar of chocolate to be posted to you in the UK, and title your email Free Chocolate. This offer is only valid to those who have purchased goods from Cornish Lavender Limited and is limited to one per household. The offer must not be advertised on ANY social media channels, or this invalidates your claim. The offer may be withdrawn at any stage, at the discretion of Cornish Lavender Limited.

10.4 The Seller may at any time before title passes and without any liability to the Buyer:
10.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
10.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

10.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

11. Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:

11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

11.1.4 defective products under the Consumer Protection Act 1987.

11.1.5 any matter in respect of which it would be unlawful for the Contractor to exclude or restrict liability.

11.2 Subject to clause 11.1:

11.2.1 the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

11.2.2 the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1000.