Terms & Conditions, Terms of Website Use & Privacy Policy.



Terms and Conditions

Contents

Clause

1.            These terms................................................................................................................................. 1

2.            Information about us and how to contact us.......................................................................... 1

3.            Our contract with you................................................................................................................ 1

4.            Our products................................................................................................................................ 2

5.            Your rights to make changes.................................................................................................... 2

6.            Our rights to make changes...................................................................................................... 3

7.            Providing the products.............................................................................................................. 3

8.            Your rights to end the contract................................................................................................ 6

9.            How to end the contract with us (including if you have changed your mind)................. 8

10.          Our rights to end the contract................................................................................................... 9

11.          If there is a problem with the product.................................................................................. 10

12.          Price and payment.................................................................................................................... 11

13.          Our responsibility for loss or damage suffered by you..................................................... 11

14.          How we may use your personal information...................................................................... 12

15.          Other important terms............................................................................................................. 12

 


 

Our terms

1.                   These terms

1.1                What these terms cover. These are the terms and conditions on which we supply the plant material, fruit trees, equipment or other goods as set out in the order.

1.2                Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.                   Information about us and how to contact us

2.1                Who we are. We are Morus Nigra Limited, our registered company number is 05674770, our registered office is at 485 London Road, Westcliff-on-Sea, Essex SS0 9LG. Our registered VAT number is 872783384.

2.2                How to contact us. You can contact us by writing to us at terracefruits@outlook.com.

2.3                How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4                "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.                   Our contract with you

3.1                How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2                If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 

3.3                We shall not be liable where we are unable to fulfil any order as a result of any crop failure, for any reason, including, without limitation, as a result of any adverse or unexpected weather conditions or in the event of any act or omission made by the nursery in relation to growing conditions, misuse of pesticides or any other error in relation to the products.

3.4                Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5                We only sell to the UK. Our website is solely for the promotion of our products in the UK (excluding the Channel Islands). Unfortunately, we do not accept orders from OR deliver toaddresses outside the UKor to the Channel Islands

4.                   Our products

4.1                Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device's display of the product accurately reflects the colour and shape of the products. Your product may vary slightly from those images.

4.2                Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

5.                   Your rights to make changes

5.1                If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

6.                   Our rights to make changes

6.1                Minor changes to the products. We may change the product:

(a)            to reflect changes in relevant laws and regulatory requirements; and

(b)           Where any products or a specific variety are not available at the time of despatch, we will include a substitute, where possible, or will send the product when stock becomes available. 

(c)            There may be changes in the pot size, plant size and age of the plant from those seen on the website.

6.2                More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, as a result of any crop failure, for any reason, including, without limitation, as a result of any adverse or unexpected weather conditions or in the event of any act or omission made by the nursery in relation to growing conditions, misuse of pesticides or any other error in relation to the products. We may make   changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

 

6.3                Notwithstanding any quotation given by us in respect of certain of the products (including without limitation fruit trees), any such quotation shall not guarantee that any particular volume of the products shall be available at the time of placing, or despatch of, the order.

7.                   Providing the products

7.1                Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2                When we will provide the products. Details of delivery dates for each plant will be in the description of each plant displayed in the “Product”screen on our websiteIf there are any changes to these dates we will endeavour to let you know as soon as possible by email.  In any event we will deliver the products to you no later than 30 days after the day on which we accept your order.All deliveries will be by post.

7.3                We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4                If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5                If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6                 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products (other than for reasons beyond our reasonable control as set out above) then you may treat the contract as at an end straight away if any of the following apply:

(a)            we have refused to deliver the products;

(b)           delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)            you told us  before we accepted your order that delivery within the delivery deadline was essential.

7.7                Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8                Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  If the products have been delivered to you, you must post them back to us. We will pay the costs of postage or collection. Please email us at terracefruits@outlook.com to arrange collection

7.9                When you become responsible for the product. The product will be your responsibility when the product is delivered to the address you gave us.

7.10             When you own goods. You own the products once we have received payment in full.

7.11             What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your full postal address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information, if you have not given it to us at the time you order the products. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.12             Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)            deal with technical problems or make minor technical changes;

(b)           update the product to reflect changes in relevant laws and regulatory requirements or growing conditions;

(c)            make changes to the product as requested by you or notified by us to you (see clause 6).

7.13             Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 6 months in any 1 year period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.14             We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.

8.                   Your rights to end the contract

8.1                You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)            If what you have bought is unhealthy or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;

(b)           If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c)            If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d)           In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.

8.2                Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)            we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b)           we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)            there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)           we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than[6 months; or

(e)            you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).

8.3                Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4                Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Morus Nigra Limited, of 485 London Road, Westcliff-on-Sea, Essex SS0 9LG to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to unhealthy or misdescribed products (see clause 11.2):

Right under the Consumer Contracts Regulations 2013

How our goodwill guarantee is more generous

14 day period to change your mind.

             28            to change your mind.

Consumer to pay costs of return.

Consumer to pay the costs of return.

 

8.5                When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

(a)            where the products are bespoke products;

(b)           any products which become mixed inseparably with other items after their delivery.

8.6                How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a)            You have 28 days after the day you (or someone you nominate) receives the goods, unless:

(i)             Your goods are split into several deliveries over different days. In this case you have until28 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8.7                Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment), charge you  reasonable compensation for the net costs we will incur as a result of your ending the contract.

9.                   How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract. To end the contract with us, please let us know by:   emailing us at terracefruits@outlook.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1                Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.   You must, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Pleaseemail us at terracefruits@outlook.com  to arrange collection.  If you are exercising your right to change your mind you must send off the goods within 28 days of telling us you wish to end the contract.

9.2                When we will pay the costs of return. We will pay the costs of return:

(a)            if the products are faulty or misdescribed;

(b)           if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(c)            In all other circumstances (including where you are exercising your right to change your mind)you must pay the costs of return.  

9.3                What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. This will vary depending on the product you have purchased and certain other factors.  If you have to return the products and we are not at fault as set out in clause 9.2 above, please email us at terracefruits@outlook.com and we will let you know what we are reasonably going to charge you.

9.4                How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5                Deductions from refunds. If you are exercising your right to change your mind:

(a)            We may reduce your refund of the price (excluding delivery costs) 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 nursery. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)           The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6                When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)            If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b)           In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.                Our rights to end the contract

10.1             We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)            you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b)           you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, address details;

(c)            you do not, within a reasonable time, allow us to deliver the products to you;

10.2             You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge youreasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3             We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11.                If there is a problem with the product

11.1             How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at terracefruits@outlook.com

11.2             Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

·         up to 30 days (but we will give you one year from delivery): if your tree or trees are unhealthy, then you can get a refund. 

·         up to six months: if your tree or trees can't be replaced, then you're entitled to a full refund, in most cases. 

·         up to six years: if the item can be expected to last up to six years you may be entitled to a replacement, or, if that doesn't work, some of your money back.  

 

11.3             Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at terracefruits@outlook.com for a return label or to arrange collection.

12.                Price and payment

12.1             Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2             We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3             What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order.

12.4             When you must pay and how you must pay. We accept payment with VISA, Mastercard, American Express, Discover Network, PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

13.                Our responsibility for loss or damage suffered by you

13.1             We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2             We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.                How we may use your personal information

14.1             How we will use your personal information. We will use the personal information you provide to us:

(a)            to supply the products to you;

(b)           to process your payment for the products; and

(c)            if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

14.2             We will only give your personal information to  third parties where the law either requires or allows us to do so.

15.                Other important terms

15.1             We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2             You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing

15.3             Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4             If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5             Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6             Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.


Terms of Website Use



This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website [www.terracefruits.com] (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

 

Information About Us

www.terracefruits.com is a site operated by Morus Nigra Ltd. ("We").  We are registered in England and Wales under company number 5674770 and have our registered office at 485 London Rd, Westcliff-on-Sea, Essex, SS0 9LG.  Our main trading address is 485 London Rd, Westcliff-on-Sea, Essex, SS0 9LG. Our VAT number is 872783384.

 

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

 

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

Our Site Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

 

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

  • loss of income or revenue;

  • loss of business;

  • loss of profits or contracts;

  • loss of anticipated savings;

  • loss of data;

  • loss of goodwill;

  • wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

Information About You and Your Visits to Our Site

We process information about you in accordance with our privacy policy www.terracefruits.com/terms.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Transactions Concluded Through Our Site

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply [www.terracefruits.com/terms].

 

Uploading Material to Our Site

Whenever you make use of a feature that allows you to upload material to our site, you must comply with the content standards set out in our acceptable use policy from time to time.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. 

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy www.terracefruits.com/terms.

 

Viruses, Hacking and Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [www.terracefruits.com/terms].

If you wish to make any use of material on our site other than that set out above, please address your request to [terracefruits@outlook.com].

 

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

Your Concerns

If you have any concerns about material which appears on our site, please contact terracefruits@outlook.com.

 

Thank you for visiting our site.




Privacy Policy




Morus Nigra Limited, our registered company number is 05674770, our registered office is at 485 London Road, Westcliff-on-Sea, Essex SS0 9LG. Our registered VAT number is 872783384 ("We") are committed to protecting and respecting your privacy.


This policy (together with our terms of use www.terracefruits.com/terms and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting [www.terracefruits.com] you are accepting and consenting to the practices described in this policy.


For the purpose of the Data Protection Act 1998 (the Act), the data controller is Morus Nigra Ltd. of 488 London Rd, Westcliff-on-Sea, Essex, SS0 9LG.


Our nominated representative for the purpose of the Act is William Andrew Sibley.


Information we may collect from you


We may collect and process the following data about you:


  • Information you give us. You may give us information about you by filling in forms on our site www.terracefruits.com(our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product,[place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, 

  • Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:


  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

  • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.


  • Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.


Uses made of the information


We use information held about you in the following ways:


  • Information you give to us. We will use this information:


  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;

  • to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer , we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form );

  • to notify you about changes to our service;

  • to ensure that content from our site is presented in the most effective manner for you and for your computer.


  • Information we collect about you. We will use this information:


  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

  • to allow you to participate in interactive features of our service, when you choose to do so;

  • as part of our efforts to keep our site safe and secure;

  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.


  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).


Disclosure of your information


We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.


We may share your information with selected third parties including:


  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with [them or] you.

  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.  We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

  • Analytics and search engine providers that assist us in the improvement and optimisation of our site.


Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.We may disclose your personal information to third parties:


  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

  • If TerraceFruits or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use [www.terracefruits.com/terms] or terms and conditions of supply [www.terracefruits.com/terms] and other agreements; or to protect the rights, property, or safety of TerraceFruits, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


Where we store your personal data


The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. [We] will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.


All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.


Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.


Your rights


You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at terracefruits@outlook.com.


Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.


Access to information


The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.


Changes to our privacy policy


Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.


Contact


Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to terracefruits@outlook.com.