1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to use of the Farm Store at www.kyfarmstore.com (“Farm Store”), to purchase merchandise and to all related services provided by Barnett’s Creek Farm (“The Farm”)
1.2 As used in these T&C, the term “Customer” shall refer to users of the Farm Store and to buyers of products at the Farm Store.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless The Farm has expressly confirmed same in writing.
2. Use of the Farm Store
2.1 Customers wanting to place orders at the Farm Store must first of all register to use the Farm Store.
2.2 At all times, basic requirements for registering are that the Customer is of legal age to enter into this type of contract and that he or she has full legal capacity.
2.3 The personal data requested during registration must be given correctly. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Farm Store.
2.4 Upon completion of the online registration form, the Customer submits a proposal to conclude an agreement on accessing and using the Farm Store. The Customer is then sent a confirmatory eMail containing his or her personal access data. This confirmatory eMail constitutes The Farm’s acceptance of the Customer’s proposal. An agreement on use for the The Farm Store is thus brought about.
2.5 The Farm is entitled to turn down individual registrations for the Farm Store without stating any reasons.
3. Access Data
3.1 The access data (eMail address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If he or she gains knowledge or even a mere suspicion of any misuse of access data, the Customer must immediately report this to The Farm . The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorization. The Customer’s liability shall only lapse when he or she informs The Farm about the unauthorized usage or loss of access data, and after the password has been altered if necessary.
- if wrong data is provided during registration, and/or
- if access data (esp. the password) is disclosed without authority to do so,
The Farm shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally refuse the Customer access either with immediate effect or after a period of notice fixed at the Farms’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Farm Store without The Farm’s express prior approval.
4. Purchase of Products
4.1 The Customer can purchase all items available in the store front up to the quantity shown to be available for each item during the session at which the item is purchased and by completing the purchase process.
4.2 When the Customer choses to make a purchase with a personal check they are putting a “hold” on the product until such time as the check has cleared the bank process. Upon clearance of the check at the banking institution used by “The Farm” the items will be shipped for delivery.
4.3 CANCELLATION POLICY:The Customer can cancel any order prior to shipment notification of said order. After the order has been shipped the order may not be canceled and the customer must follow the Return Policy for a refund.
5. Terms of Delivery
5.1 All items purchased through “The Farm Store” be dispatched to the Customer using the shipping method selected and paid for by the The Customer.
5.2 The Farm will package the items in the materials and packaging that best fits to protect the product from damage during the method chosen for shipping by the customer.
5.3 The Farm will send electronic notification of shipment to the customer using the email address on file at the time of purchase. The email will contain the shipping tracking number, date and expected delivery date if applicable.
6. Prices, Terms of Payment
6.1 The prices for the individual goods are stated in the respective display of each item.
6.2 All the prices given in the Farm Store include applicable taxes for the state of Kentucky if the shipping address is within the state of Kentucky.
6.3 The Farm Store provides several methods of payment and delivery.
All items purchased with payment via PayPal will ship within 3 days of the purchase.
All items purchased with a personal check will ship once that check is received by “The Farm” and processed at the banking institution used by “The Farm”
All items purchased with cash will ship within 3 days of receipt of the cash.
Unless otherwise agreed, payment in full is expected for all items at the time of online purchase.
Payment via personal or business check are expected to be received by “The Farm” at the provided address for “The Farm” within 7 days of the online purchase at which payment by check has been selected by the Customer.
At no time will “The Farm” accept partial payment or enter into a “payment plan” for any items listed in “The Farm Store”..
6.4 If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, The Farm shall block the Customer’s access to the Farm Store until such time as the obligation is fulfilled.
6.5 If the Customer’s access to the Farm Store is block, it shall be unblocked after the obligation is complete and the purchased items have been shipped to the customer.
7.1 If the items purchased by “The Customer” become damaged during shipment, it is the responsibility of “The Customer” to advise “The Farm “of such damage in writing with photos of the damage within 3 days of receipt. Once the 3 days has passed, “The Customer” accepts all liability for the damages and absolves “The Farm” of such liability.
7.2 In such case the items purchased at “The Farm Store” become damaged during shipment and “The Customer” makes proper notification to “The Farm” as outlined above, “The Farm” shall replace the items with same or like items available at the time notification was received without further cost for the item or shipping of the replacement item to “The Customer”
7.3 Liability for damages to the item due to improper use and or storage by “The Customer” or an agent of “The Customer” rests solely on “The Customer” .
8. Terminating the Account for the Farm Store
13.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Farm Store without submitting a new online access request.
13.3 Both parties reserve the right to give extraordinary notice for important cause.
9. Contract Document
9.1 “The Farm” makes no provision for separate contract documents based on these T&C. “The Farm” shall not therefore store “the contract document” that specifically relates to the Customer personally.
10. Data Protection