Terms and Conditions of Sale
Last Updated: 23/3/22
1. About these Terms and Conditions of Sale
1.1 These are the terms and conditions (“Terms”) for the sale and purchase of the goods (“Goods”) listed on the website www.kerrsdairy.co.uk (“Website”). Our terms govern John Kerr and Son ( Dairyman) Ltd in our relationship with you in relation to the Website and all purchases of Goods made by you through our Website.
1.2 References to the Website in these Terms apply to the Website, this will be available for access when using mobile or tablet devices.
1.4 Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from the Website.
1.5 Before placing an order, if you have any queries relating to these Terms please call our Customer Services on Dundee Office 01382 825018 (Option 1) or Aberdeen Office 01224 001855 (Option 1). These calls are charged at local rate. Our Customer Services department is open from 9am until 5pm, Monday to Friday.
1.6 In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts. 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.
1.7 These Terms of Sale, and any contract between us, is only in the English language.
1.8 These Terms do not affect your statutory rights.
2. How the Contract is Formed between You and Us
2.1 The Website has clear instruction and will guide you through the steps you need to take to place an order with us. 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 is correct before submitting.
2.2 All purchases made on the Website are governed by the latest version of these Terms existing at the time of order. Prior to placing an order you will be asked to confirm that you have read and accepted these Terms. We will display the date when these Terms were most recently updated at the top of this page.
2.3 You may place, amend or correct orders online via your customer portal or by phone. Orders can also be amended or cancelled at any time by contacting Customer Services on Dundee Office 01382 825018 (Option 1) or Aberdeen Office 01224 001855 (Option 1) up until 5pm on the day prior to the day of delivery Monday to Friday. All amendments to Monday’s orders must be advised by email by 11am Saturday or by voicemail prior to 5pm Sunday. Our office hours are 9am to 5pm Monday to Friday.
2.4 If you make any amendments to an order (such as adding or removing Goods) after payment has been taken, then you will receive an adjustment in the following week’s account where credit would be applied or charged separately for the new Goods ordered.
2.5 The placing of Goods on our Website is an invitation to accept offers for those Goods; it is not an offer to sell at the listed price. By placing an order on our Website you make an offer to purchase in accordance with these Terms. We will acknowledge receipt of your order via e-mail but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted by us only when we have confirmed that the Goods are available for delivery in accordance with paragraph 4 of these Terms and subject to availability of the relevant Goods.
2.6 Goods will not be supplied for the purposes of resale and are only supplied for your own use as a consumer. Images of the Goods are provided for illustration purposes only. We cannot guarantee that your computer or phone’s display of the colours accurately reflects the colour of the Goods. The packaging of the Goods may vary from that shown on images on the Website. We may have to substitute packaging temporarily in the event of external issues.
3. Customer Registration and Placing an Order for Goods
3.1 To place an order you will need a valid e-mail address and telephone number.
3.2 You may only register one John Kerr and Son (Dairymen) Ltd account per household at any time.
3.3 John Kerr and Son (Dairymen) Ltd do not offer one-off orders and only accept regular orders – this is an order for Goods you order to be delivered regularly each week on a particular day of the week (“Regular Order”). Your milkman/woman will deliver items to your address on a Regular Order without you having to order each time.
3.4 You will not be able to place a Regular Order unless you have completed a recurring payment set-up using one of our accepted payment methods via debit card or credit card and direct debit details through our third-party secure payment network (“Recurring Payment Set-Up”).
The initial payment on the website will be made prior to your first delivery via Stripe, Sage Pay, or a debit or credit card. Recurring payments will be made either weekly or monthly through direct debit on a Wednesday.
3.5 We may run new customer offers from time to time via the Website or our social media channels. In order to redeem an offer, it will usually require the entry of a discount offer or discount code before payment. The Terms and Conditions for all of our offers will contain full information on offer redemption, and set out any specific restrictions, where applicable. These new customer offers only apply to new customers. Alternative offers for existing customers can be found in the customer portal.
3.6. The prices stated on the Website will be inclusive of any VAT payable, unless otherwise stated.
3.7 We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. All prices are subject to change. It is always possible that, despite our reasonable efforts, some of the Goods on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that accuracy is maintained.
4. Order Confirmations
4.1 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 that your order has been accepted.
4.2 Orders will only be confirmed for delivery once we have confirmed we can deliver in your street.
Once an order is confirmed, we are under an obligation to deliver conforming Goods subject always to the availability of the relevant Goods and you are under an obligation to pay.
5. How to Pay
5.1 You can only pay for Goods by Stripe, Sage Pay, UK Debit or Credit Card (other than American Express). Cash or cheques will be accepted towards payment of an order. The payment methods accepted by us are those listed on the payment page of the Website on the date on which your order is placed.
5.2 Once you have successfully placed your order you will be invoiced weekly.
5.3 If at any time you wish to change your payment method, or there is a change in your card details, you may edit your payment details through the customer portal or by calling us.
5.4 If you make any changes to your Order in accordance with paragraph 2.4 above after payment has been taken, any adjustments required to the total payment for that Order will either be automatically refunded or charged to the same Credit or Debit card details used for the original Order.
This Guarantee is offered by all Banks and Building Societies that accept instructions to pay Direct Debits. If an error is made in the payment of your Direct Debit by John Kerr and Son (Dairymen) Ltd or your Bank or Building Society you are entitled to a full and immediate refund of the amount paid from your Bank or Building Society.
If you receive a refund that you are not entitled to, you must pay it back when John Kerr and Son (Dairymen) Ltd asks you to.
You can cancel a Direct Debit at any time by simply contacting your Bank or Building Society. Written confirmation may be required. Please also notify us.
You agree not to hold us responsible for bank charges, interest or any other consequential losses incurred due to payments made on your account.
7.1 In order to minimise the chance of a failed payment due to expired, lost, stolen, re-issued or out of date payment details for Regular Order customers, we reserve the right to utilise a secure update service provided by Visa & Mastercard. This service will automatically update your payment details to prevent your payment to us from failing and potentially putting a hold on your account. In the event that this process is unable to confirm valid and updated payment details, you will receive an email asking you to provide a new payment method via the Website.
7.2 We reserve the right to suspend your account and any further deliveries and take any other action as we consider appropriate in the event of (1) a failed payment: (2) us being refused authority for payment or (3) our reasonable belief that payment will be refused at any stage.
7.3 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.
7.4 In the event of a failed payment we reserve the right to suspend your account pending an interim payment and to charge £4 to your account to cover the cost of bank charges and administration.
We reserve the right to restrict a credit limit on an account or to suspend an account or reduce delivery quantities. In the event of repeated payment failure we reserve the right to cancel an account. We reserve the right not to serve an address if previous payment difficulties have been experienced by the Company there with on or offline business.
7.5 In the event of a failed payment you agree to compensate us for all reasonable costs and expenses incurred by us in obtaining payment from you. At any time after a failed payment, we may ask a debt collection agency to collect payment from you.
8.2 When you register on the Website you will be advised on whether we deliver to your area. We reserve the right to restrict or cease deliveries in any area at our sole discretion. We will provide you with up to 7 days advance notice of any restriction or cessation of deliveries in your area. If delivery dates are restricted and you are not happy with the proposed revised delivery days for your Regular Order you may cancel the order. If we cease to deliver in your area your Regular Order will be cancelled. In the event of any payment received in respect of a cancelled order we will refund you within 48 hours of receiving notice of cancellation.
8.3 When you register on the Website, you will be advised of the days on which your local milkman/women delivers in your area. For example, if your milkman/women delivers in your postcode area on Mondays and Thursdays, then you can choose one or two days for delivery. Delivery outside of these days is not available unless we notify you otherwise.
8.4 Subject to paragraph 7.2 and 7.3, delivery will be made usually before 7am. Depending on the time of the year deliveries can commence from 10.30 pm. Due to the nature of our business we cannot guarantee your order will be delivered by a certain time.
If you use the Goods for any commercial, business or resale purposes, delivery will be made usually before 10am. However due to the nature of our business we cannot guarantee your order will be delivered by a certain time. Please see our FAQ page for more information.
8.5 All Goods are subject to availability and prevailing market conditions. We may at our discretion limit the quantities of Goods (particularly any Goods on special offer) supplied to any customer if in our opinion the quantity ordered jeopardises availability for other customers. If we do so we may offer a reasonable substitute.
8.6 Your acceptance of Goods shall be deemed to take place on delivery. If you have specific delivery instructions please advise us via our contact form on our website, via our social channels or by phone. Comments will then be passed onto your driver.
8.7 If you are going on holiday or you will be absent from your delivery address for a period of time and you would like to postpone your Regular Order deliveries please log-in to your customer portal to add your holiday dates. If you do not inform us of the dates you will be away from your delivery address then your deliveries will continue to be made as normal and you will still be charged for deliveries. Please ensure that you receive confirmation by email that your holidays have been booked.
8.8 In the event of non-delivery of Goods, please notify us within 48 hours of when the Goods should have arrived. We will then apply a refund to your account which will appear in your following week’s payment.
9.2 Where a substitute item is offered in place of any Goods ordered, every effort will be made to bring you a product of equivalent or better quality and value as the original item. The price you will be charged will be the lesser of the original Goods ordered and the substitute item and where appropriate receive a refund for the difference.
9.3 If for any reason you are not happy with any substitute item you may reject the item and return it.
9.4 If the substitute item we have provided you with is a Perishable Item and you wish to reject it, please let us know within 48 hours of delivery and we will credit the amount you have been charged for the item. The credit will appear in the next week’s payment.
9.5 We may make changes to product ranges from time to time. Where we are removing a product from the range we will always contact you if such you have such an item as part of your Regular Order, to advise you of its removal. Where a direct substitute is being made available we will automatically replace this item in the Regular Order. Otherwise a suggestion for an alternative will be made where appropriate.
10. Defective or Incomplete Goods
10.1 We are under a legal duty to supply products that are in conformity with this contract and each of the Goods is sold subject to its product description which can be found on the relevant page for those Goods.
10.2 If you think that any of the Goods you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then please contact our Customer Services who will do their best to help you and, where applicable, arrange for a refund. We reserve the right to ask you to send us reasonable evidence of any of the Goods affected by such issues.
10.3 We will refund to you the cost of any product affected by such issues. To receive a refund of an affected Perishable Item though, you must notify us of any such issues before the expiry of the “use by”, “best before” or “BBE” date stamped on the product or where no such date is provided within 3 working days after the date of delivery.
10.4 The guarantee provided above is in addition to your legal rights in relation to Goods that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
10.5 Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Our Liability to You
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 We do not in any way exclude or limit our liability to you for:
11.2.1 death or personal injury caused by our negligence;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 liability which may not be limited or excluded under section 31(1) of the Consumer Rights Act 2015;
11.2.4 defective products under the Consumer Protection Act 1987; or
11.2.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.3 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Events Outside Our Control
12.1 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. An Event Outside Our Control is defined below in paragraph 12.2.
12.2 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 of preparation for war, fire, explosion, storm, flood, earthquake, pandemics, subsidence, epidemic or other natural disaster, cyber-attack, 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 or disruption to the Website or Customer Services.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations under a contract will be suspended and the time for 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. Your Right to Cancel Your Order after Delivery
13.1 You may cancel, amend or correct orders prior to delivery in accordance with these Terms. In certain circumstances set out below you also have the right to cancel all or part of your order after it has been delivered.
13.2 Except in respect of the Goods specified in paragraph 12.3, you may cancel all or any part of your order (without giving any reason) within 14 days after the day on which you receive the Goods (“Cancellation Period”).
13.3 Goods which may not be returned after delivery unless they are defective are:
13.3.1 Perishable Items; or
13.3.2 items which have been personalised; or
13.3.3 items which have been unwrapped or unsealed and cannot be resold for health or hygiene reasons; or
13.3.4 other selected items, that are non-returnable as noted on the product description page.
13.4 If you would like to cancel your order in accordance with your legal right to do so set out in paragraph 13.3, you just need to let us know that you have decided to cancel. The easiest and quickest way to do this is to call us customer services on Dundee Office 01382 825018 (Option 1) or Aberdeen Office 01224 001855 (Option 1).
14. Returns and Your Right of Refund
14.1 If you cancel your order in accordance with paragraph 12.2, we will reimburse you the price for the Goods which you are cancelling. However, please note we are permitted by law to reduce the amount we reimburse to you to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop.
14.2 We will make any reimbursement due to you as soon as possible and in any event within the following deadlines:
14.2.1 if you have received the Goods – within 14 days after the day on which we receive the Goods back from you; or
14.2.2 (if earlier) 14 days after the day you provide us with evidence that you have returned the Goods to us; or
14.2.3 if you have not received the Goods or the Goods were delivered but we have offered to collect them, 14 days after the day in which we were informed of your decision to cancel the order.
14.3 We will reimburse you by refunding any amount due to you on the Credit or Debit card used by you to pay. You will not incur any fees as a result of the refund.
14.4 Where you have cancelled an order in accordance with paragraph 12, we will collect the Goods at our cost. You are responsible for handing the Goods back to our delivery driver/ roundsperson or otherwise making the Goods available for collection as instructed by us within 14 days of cancellation. You are responsible for the safety of the Goods until they have been collected by us.
15.2 When you register with the John Kerr and Son (Dairymen) Ltd Online Customer Portal 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.
16. Information About Us
In these Terms and Conditions the term ‘John Kerr and Son (Dairymen) Ltd or ‘us’ or ‘we’ or ‘Kerr’s Dairy’ or ‘kerrsdairy.co.uk’ or the ‘Company’ refers to the owner of the website, John Kerr and Son (Dairymen), whose registered office is at 2 Ash Street, Dundee, DD1 5RJ. Our company registration number is SC069602. Our VAT number is 345325466. Our main contact telephone number is 01382 825018.
This website and its content is copyright of John Kerr and Son (Dairymen) Ltd. All rights reserved.
18.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on the Website if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 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.
18.4 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.
18.5 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.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any paragraph of these Terms will be governed by the Law of England and Wales and you can bring proceedings in respect of the Goods in the English and Welsh courts. If you live in Scotland you can bring proceedings in respect of the Goods in either the Scottish or the English courts.