Terms and Conditions

Phoenix Organics Limited (trading as Skylark Organics)

Term and Conditions

These Terms and Conditions govern your relationship with Phoenix Organics Limited, trading as Skylark Organics (Phoenix, Skylark, we, our, us), a company registered in England & Wales, number 443 6803, registered office at Three Mills, Porthouse Industrial Estate, Bromyard, Herefordshire HR7 4HS. By visiting or using Our Website, you agree to be bound by them. Please read this agreement carefully. If you do not agree with it, you should leave Our Website immediately.

We are: Phoenix Organics Limited (trading as Skylark Organics),

You are: Anyone who uses Our Website.

We reserve the right to change these terms and conditions from time to time. These terms and conditions were last revised on 24th November 2020.

1.0 Your account with us

1.1 You must be over eighteen years of age, or, if you are a business you must be operated by a person over eighteen years of age.

1.2 You must provide, and continue to provide accurate, up to date, and complete information for your account.

1.3 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

1.4 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority. You should also log in to your account and change your password.

2.0 Payment

2.1 You must ensure we are provided with suitable details to take online payments when ordering with us.

2.2 Card payments are not processed through pages controlled by us. We use an online payment service provider who will encrypt your card or bank account details in a secure environment and is fully PCI compliant.

2.3 We reserve the right to suspend or terminate deliveries to you if payment is not in place.

2.4 Alternative payment methods by BACS may be accepted at our discretion and can be arranged by calling us using the contact details on the website.

3.0 Purchases

3.1 The price payable for the Goods that you order is clearly set out on Our Website. Prices include UK value added tax (“VAT”).

3.2 No order placed through Our website is accepted from you until Our website displays an order confirmation message. Any order submitted by phone will be accepted, or rejected, verbally by our staff.

3.3 When we accept an order, we do all we can to fulfil that order. However, our products are subject to seasonality and availability and we do not always know whether a product will be available at the time of accepting an order. If we are unable to deliver a product you have ordered you will not be charged for it, or if you have already paid for it, we will give a credit against future orders.

3.4 All products are subject to fluctuations in supply levels and prices. We will endeavour to warn you of any changes to price or availability of items, but we reserve the right to change our prices and products as necessary. If you are a regular or repeat customer with us, prices may have changed from when your first order was placed. We recommend you check the website regularly for our latest prices.

3.5 Ordering a product from us carries the obligation to pay for it, and where stated any delivery charge, unless we receive cancellation or change to your orders before the deadlines stated on our website. You remain responsible for ensuring any cancellation or change to your order is received by us and before the deadline. Any orders cancelled before the stated deadline will be credited to your account.

3.6 Personal orders (known as Build Your Own Box) of individual products are subject to a minimum spend of £15.00 which is published on our website.

4.0 Delivery

4.1 We will make delivery to your stated address when you set up the account or update that address. We reserve the right not to deliver to all locations. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions of a suitable location where we can leave your delivery. In the event that your delivery is stolen or damaged we do not accept liability.

4.2 Any changes to delivery address details must be made before our stated deadlines on our website and fall within one of our existing area routes.

4.3 We will inform you which day your order will be delivered. We will aim to keep this day the same but reserve the right to change it temporarily or permanently, such as a bank holiday week, and we will notify you by email if we do so.

4.4 We are unable to provide a time your order will be delivered on the specified day.

4.5 If, for any reason we are unable to deliver your order, or deliver late, we cannot accept liability for any inconvenience or loss. We will credit your account if your order or any part of your ordered is not delivered.

4.6 You must inspect your goods as soon as possible after delivery and notify us of any damaged or wrongly delivered goods unacceptable to you. Please email or telephone us promptly using the contact details on our website. We will credit the value of the damaged or wrongly delivered goods.

5.0 Cancellation

5.1 You may cancel your account with us at any time, either online, by phone, or by email. Cancellations must be made at least five days before your delivery day.

5.2 We reserve the right to cancel or suspend your account at our discretion if you breach any of your obligations under these Terms and Conditions.

5.3 The suspension or cancellation of your account will not affect any rights or liabilities accrued up until that point and any orders submitted prior to your account cancellation will remain binding.

6.0 Refund Policy

6.1 We wish to provide our customers with high quality organic produce. If for any reason you are not satisfied with the produce you purchased from us, we will provide a full refund on those items you are dissatisfied with. Please contact us.

7.0 Website

7.1 Although we aim to provide the best customer service experience we can, we can make no guarantees that the website will be fault free. Access to our website may temporarily be unavailable or restricted to allow for repairs, maintenance and updating, or due to technical issues beyond our control. We will restore the service as soon as we reasonable can. In the event our website is unavailable, our normal ordering and cancellation deadlines apply. Please notify us of any changes you need to make by either email: info@skylarkorganics.co.uk or phone: 01885 483969.

7.2 To the best of our knowledge, the material included on the website or any price list information we provide are correct and we cannot accept responsibility if, despite our best endeavours, this is not the case.

7.3 You are asked not to use our website or our ordering facility for any unlawful or abusive purposes and you shall be liable for any such misuse.

8.0 Cookies

8.1 What are cookies?

A cookie is a small file of letters and numbers that we put on your computer or device when you use this website.

8.2 How do we use cookies?

We use ‘session’ cookies to:

  • help the website work. These expire as soon as you close the browser you are using (e.g. Google Chrome, Safari, Firefox, Edge, etc)

We use ‘analytical’ cookies to:

  • record anonymous information about your visit to and the use of the website. This helps us to improve the way our website works, for example by making sure users are finding what they need easily.
  • Some of these cookies may stay on your computer for up to two years. They are only used again if you come back to this website when the analytics cookie will know you have visited the website before.

Please note we do not:

  • use any cookies which allow us to identify an individual.
  • sell the information collected by cookies, nor do we disclose the information to third parties, except where required by law
  • use 3rd party cookies

8.3 To find out how to manage cookies on your computer please Google/search for: 'how to manage cookies'.

9.0 Warranties and liabilities

9.1 We wish to provide our customers with high quality organic produce. If for any reason you are not satisfied with the produce you purchased from us, we will provide a full refund on those items you are dissatisfied with. Please either call us on 01885 483969 or email info@skylarkorganics.co.uk.

9.2 This refund does not apply to apply to defects which have been caused by your mis-use and/or neglect of the products or by accidents caused while the products are in your possession.

9.3 We will not be liable to you for any losses, including business or trade losses (including loss of profits, loss of goodwill, loss of reputation and loss of business), arising in connection with the supply or products and related services or their use by you.

9.4 Nothing in this section seeks to limit or exclude liability to you, where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products.

9.5 Nothing in these terms and conditions limits or excludes our liability to you for death or personal injury resulting from our negligence, or that of our employees.

9.6 We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control, such as, but not limited to, fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption of energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

10.0 Your statutory rights

10.1 If you are a consumer (an individual acting outside of the course of business or trade) there are certain terms implied into your contact with us, which we cannot exclude or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to which are fit for their purpose).

10.2 It is important to know that nothing in these Terms and Conditions affects your statutory rights.

11.0 Applicable Law

11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these terms and conditions.

12.0 Miscellaneous

12.1 You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

12.2 If any of these terms and conditions are found to be invalid by any court having jurisdiction, then the invalidity of that provision will not affect the validity of any other provisions within these terms and conditions.