We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this web site.
We use your IP address to help diagnose problems with our servers, and to administer our website. Your IP address is used to help identify you and to gather broad demographic information.
Our site's registration form requires users to give us contact information, like their name and email address, and unique identifiers. We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary if they have subscribed to the mail list. Users may opt-out of receiving future mailings by choosing to un-subscribe. Unique identifiers are collected to verify the user's identity and for use in our record system.
This site may contain links to other sites. We are not responsible for the privacy practices or the content of such websites.
Our site uses an order form for customers to request products from our shop. We collect visitor's contact information and unique identifiers. Contact information from the order form is used to send orders and information about our company to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings. Unique identifiers are collected from our website visitors to verify the user's identity and for use as account identifiers in our record system.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All data is protected using the most advanced methods we have available. We do not store financial information like credit card numbers or personal information like social security numbers on this site. For more information visit our security section in Store Policies.
This site gives users options for removing their information from our database to not receive future communications or to no longer receive mail list messages.
Send an email to us by visiting the Contact Page.
This site gives users the following options for changing and modifying information previously provided.
Cookies are small text files stored on your computer by your browser. They're used for many things, such as remembering whether you've visited the site before, so that you remain logged in. Cookies may contain information about the use of your computer, but don't include personal information about you.
This policy explains how cookies are used on this site, and how you can control the cookies used on this site.
We may collect information automatically when you visit this website by setting a cookie. This cookie allow us to identify your computer. You can choose below not to allow cookies. If you do, we can't guarantee that your experience with this website will be as good as if you do allow cookies.
The information collected by cookies does not personally identify you; it includes general information about your computer settings, your connection to the Internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on this website and your location. Most internet browsers accept cookies automatically, but you can change the settings of your browser to erase cookies, or prevent automatic acceptance if you prefer.
These links explain how you can control cookies via your browser. Remember that if you turn off cookies in your browser then these settings apply to all websites not just this one:
This cookie is used to maintain your identity, or session, on this website. The name of the cookie used for session tracking by this website is 'sid', which stands for 'session identifier'. This cookie contains only a 32 character alpha-numeric string which helps this website identify you.
Google may set cookies on your computer when you access this webiste. These cookies monitor how you move around this website, and how you reached it.
You can opt out of these, if you want, by following this link. Opt Out of Google Analytics Cookies
Social media sites like Facebook, Twitter and Google Plus may set cookies on your computer when you access this website. You can opt out of these, if you want, by following one of these links: Facebook; Twitter; Google Plus
We strive to unsure that ordering Online with us is safe and secure!
We take security very seriously including the use of the online credit and debit card payment system operated by Global Payments (Realex Payments) and Paypal. Your browser will go into secure mode before you enter any payment details. You can check that you are making such payments in a secure environment by looking either for a locked padlock or a key icon or when the address bar turns green
Being in "secure mode" means that all your details are encrypted to help keep them secure. Encryption creates billions of combinations of code to protect each transaction. We do not store any credit / debit card information on our website
By employing this method of interaction with you means that your credit and debit card information is not compromised. We believe this online system is 100% secure.
We encourage you to feel comfortable using your debit or credit card to conduct commerce on our site. If you wish, you may also pay by cash on collection of your goods.
Please note we do not accept personal or business cheques as it takes too long for their receipt and clearance before we can allow collection of your order.
Every item we sell is carefully inspected when it is made ready for your collection. If you are not satisfied with the goods and inform us within seven days of your receipt of the goods, we will arrange to collect them (the whole order) and give a full refund. Or we will exchange items if they are faulty on delivery to you and we are notified within 10 days of the customers receipt of the product. All products to be returned must be carefully repackaged in their original packing.
It is our intention to make your order ready for your collection within 24 hours of receipt however should a situation arise where we have not shipped the goods within 72 hours of receipt of your order we will send an email to advise and supply an estimated date for your collection. On receipt of the email you can reply and either accept the revised collection date or cancel the order.
Whilst our service is primarily for "Click & Collect", in certain circumstances we can arrange delivery for orders exceeding �100. Please contact us via email or phone to arrange delivery. In these circumstances a delivery charge may be incurred and charges are calculated on a location, service level and order weight basis. Express and Guaranteed Next Day including Saturdays within the United Kingdom are also available. Please note all the delivery charges should be verified by contacting Divine on The Green directly.
You should print a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you order goods please check these Terms to ensure you understand the terms which will apply at that time. These terms were implemented on 14th September 2018.
These Terms and any Contract between us are in the English language.
1. INFORMATION ABOUT US
1.1 We operate a website www.divineonthegreen.co.uk. We are MERRYMEAD LTD and our correspondence address is 19 Church Street, Calne, Wilts. SN11 0HY. Telephone No: 01249 822620, Email: firstname.lastname@example.org Company Registration Number 05742992, VAT number is 275 4201 14.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours and images accurately with the current labels, we cannot guarantee that the labels may havve changed in the meantime, or your computer�s display of colours accurately display the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible when describing the taste and appearance of the products it is a subjective description which we believe to be a fair representation but may vary with your own experiences.
2.4 All products shown on our site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5.IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and in accordance with the laws in your jurisdiction.
5.2 Certain Products on our site can only be purchased if you satisfy the legal age requirements for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens� Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business
6.1 If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our site to purchase Products.
7. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
7.1 For the steps you need to take to place an order on our site, please follow the instructions you see on each page telling you the information to provide and the a how to progress to the next page.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page in the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described on clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been packaged for your collection ( Confirmation.) The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 If we are unable to supply you with your chosen Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) Changes on how we accept payment from you;
(b) Changes in the relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND.
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have the legal right to cancel a contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens� Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) Any Products made to your specification or clearly personalised.
(b) Perishable goods, such as food, drink or fresh flowers
(c) Products or packaging have been damaged or opened or otherwise been rendered as unsalable in a manner that was not apparent when delivered or accepted for delivery by you or your agent.
9.3 Your legal right to cancel a Contract starts from the date the order was placed, which is when the Contract between us is formed. If the Products have already been delivered to you or collected by you, you have a period of 14 (fourteen) working days, notwithstanding and sell by dates in the case of perishable goods, in which you may cancel, starting from the day after the day you received the Products. You have then another 14 (fourteen) days to return the goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4. To cancel a Contract please contact us in writing to tell us by sending an email to email@example.com or by sending a letter to us at the address shown on our contact page https://www.divineonthegreen.co.uk/contact.php/. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
9.5 You will receive a full refund, subject to clause 9.3 of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which we received the goods back or you providing a proof of postage to us. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6 otherwise you will be responsible for the cost of returning the goods as set out in clause 9.8 (b)
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the defective product in full, subject to clause 9.3, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay or by cheque if your payment was made in cash.
9.8 If the products were delivered to you:
(a) You must return the Products to us as soon as reasonably practicable but within 14 (fourteen) working days and if perishable then before the sell by date dsplayed on the packaging. If the products require collection, we will collect the Products from the address to which they were delivered. We will arrange a suitable time for collection;
(b) Unless the products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. The charge for collection will be advised by email prior to collection.
(c) You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens Advice bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery/collection date as set out on the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery/collection date because of an Event Outside Our Control, we will contact you with a revised estimated delivery/collection date.
10.2 Delivery/collection will be completed when we deliver the Products to the address you gave us or collected from our premises.
10.3 If no one is available at your address to take delivery, our carriers will leave you a note to contact them to re-schedule the delivery or to advise of the premises where the Products can be collected. Alternatively contact us and we will advise of a revised estimated delivery date.
10.4 The products will be your responsibility from collection or the completion of the delivery.
10.5 You own the products once we have received payment in full, including all applicable delivery charges.
11. UNITED KINGDOM AND IRELAND DELIVERY
11.1 Our service is set up for collection from The Divine on The Green in Calne, however, by arrangement we will deliver to the United Kingdom and Ireland. However, if there are restrictions on some Products for Ireland, please review the restrictions carefully before ordering any Products.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws.
12. INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not deliver to addresses outside the United Kingdom
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
13.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the rate of VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include any delivery charges. Our delivery charges are as agreed on a case by case basis. The relevant delivery charges need to be added to your payment aftr our agreement and will need to be paid by debit card or credit card before delivery can be made.
13.5 Our site contains a large number of Products. It is always possible that, despite our best efforts some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) Where the Product�s price is less thatn the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have been reasonably recognised by you as a mispricing, we do not have to provide Products to you at the incorrect (lower) price: and
(b) If the Product�s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you by using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. HOW TO PAY
14.1 You can only pay for products using either cash on collection, a debit card or credit card. We accept the following cards: MasterCard, Visa, Visa Electron cards.
14.2 Payment for all Products and all applicable delivery charges is in advance by card or by cash on collection from the Divine on The Green. We will charge your debit or credit card when your order is confirmed through our card payment gateway.
15. MANUFACTURER GUARANTEES
15.1 Some of the products we sell to you come with a manufacturer�s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer�s guarantee provided with the Products.
15.2 If you are a consumer, a manufacturer�s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens� Advice Bureau or Trading Standards office.
16. OUR WARRANTY FOR THE PRODUCTS
16.1 For products which do not have a manufacturer�s guarantee, we provide a warranty that on delivery and for a period as laid out in the sell by date if the products are perishable, and in any event not more than 6 months from the date of delivery, the Products shall be free from defects. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to store or use the Products in accordance with the user instructions;
(d) any alteration or repair to the product or its packaging by you or by a third party; or
(e) any specification provided by you.
16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause17 applies only if you are a business customer
17.1 We only supply Products for use by you in the course of your lawful business.
17.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession; or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2,we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profit, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.4 Subject to clause 17.2 and clause 17.3, our total liability to you 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 100% of the price of the Products.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated in these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 We only supply the products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 ( description, satisfactory quality, fitness for purpose and samples); and
(e) defective product under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. Event Outside Our Control is defined below in clause 19.2
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for the performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20. COMMUNICATION BETWEEN US
20.1 When we refer, in these Terms, to �in writing� this will include e-mail.
20.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Divine on The Green, 35 New Rd (Entrance off Church Street), Calne SN11 0JQ . You may wish to keep a copy of your cancellation notification for your own records. If you send your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this by e-mail to email@example.com or contact us using our Customer Services telephone line.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us on your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. OTHER IMPORTANT TERMS
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your or our obligations under these Terms. We will always notify you by posting on the webpage if this happens.
21.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without our consent.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by UK law. This means a Contract for the purchase of Products through our site and any disputes or claims arising out of or in connection with it will be governed by UK law. You and we both agree to that the courts of UK will have non-exclusive jurisdiction.
21.7 If you are a business, these Terms are governed by UK law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims),will be governed by UK law.
All trademarks appearing on the service are trademarks of their respective owners.
Contact us at
35 New Rd (Entrance off Church Street), Calne SN11 0JQ ~ Phone - 01249 822620