website terms and conditions of sale

These terms and conditions apply to any products you may purchase from us through our website.

Each time you place or amend an order you will be asked to agree to these terms and conditions. We revise our terms and conditions from time to time - you and your order will be subject to the terms and conditions in force at the time that you submit your order.

Please read all of these terms and conditions carefully before you order any products from us because, by ordering, you agree to be bound by them. If you do not accept these terms and conditions, you should not order any products.

You can print a copy of these terms and conditions by selecting the "print" option from the "File" menu of your browser.

Please note that the use of this website is subject to the terms contained in our Website Terms and Conditions of Use, which apply whether or not you purchase goods from our website.

We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This is very important to us, so we have set out full details in our Privacy Notice . You are responsible for keeping confidential your username, password and any other information relevant to your access to our website.

1.             Information about us and how to contact us

1.1          Who we are We are Grahams the Family Dairy Group Limited, a company registered in Scotland. Our company registration number is 317473 and our registered office is at Airthrey Kerse Farm, Henderson Street, Bridge of Allan, FK9 4RW. Our registered VAT number is GB 898 1710 80.

1.2          How to contact us You can contact us by telephoning us on 01786 832324 or by writing to us at Airthrey Kerse Farm, Henderson Street, Bridge of Allan, FK9 4RW.

2.             Contract restrictions

2.1          Consumers only Our products are only intended for use by consumers (that means people who want to buy our products for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.

2.2          Confirmation of personal status By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.

2.3          Restrictions on delivery areas Please note that we can only deliver to certain postcodes in Scotland. Where we deliver is at our discretion and subject to change. You will be notified as to whether we can deliver to your postcode when you register with us.

3.             Our products

3.1          Product images The images of our products on our website are for illustrative purposes only.  Although we have made every effort to ensure that it the images are accurate and display product colours exactly, we cannot guarantee that a device's display perfectly reflects the colour of the products.  Your product may vary slightly from those images. The packaging of our products may also vary from that shown in images on our website due to alterations by the manufacturer, availability of the product and natural variation in the product itself.

3.2          Product information The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we may not accept your order for the affected products, or if your order has already been accepted, we may not supply the affected products to you. We will notify you if this is the case and will not charge you for the product.

3.3          Our right to make changes We may change the products from time to time: (i) to reflect changes in relevant laws and regulatory requirements; (ii) to implement minor adjustments and improvements; or (iii) in response to a product recall. These changes will not affect your use of the product. If we need to make more significant changes to the products we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

4.             Our contract with you

4.1          The steps required to form the contract between you and us are as follows:

4.1.1      You will need to register with us to order our products. You will also need to enter certain details during the order process. If you already have an account with us, you will be able to log in using your existing log-in details. If you do not have an account with us, you will be able to create an account during the order process.

4.1.2      To register with us, you will be asked to enter information such as your name, email address and telephone number as well as information about your billing and/or delivery address if these differ. Once you have registered with us, you will receive an email asking you to validate and activate your account. Once validated, you will receive a welcome email confirming completion of your registration. When you place an order you will be asked to confirm these details for the order. If you have logged into an existing account, some of this information might be pre-populated for you to amend if necessary. You are responsible for ensuring that all of the information you provide to us is true and accurate.

4.1.3      Once registered with us, you can place an order for the products you would like to purchase and be delivered to you on specified days of the week on a weekly basis via your account on our website by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by accepting these terms and conditions of sale and clicking the "Confirm order for purchase" button on the checkout page. No changes can be made to your order (including the delivery days for the relevant products) after this point unless you agree these with us by updating your weekly order by clicking the "Edit Weekly Order" button in your account. If you make any changes to your weekly order in your account, you will receive an email confirming these changes for your records. Please note that it may not be possible to make a change to your order less than 12 hours before the nominated delivery date.

4.1.4      Once those steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive an order confirmation email containing your new weekly order of the products and we will update your order history in your account for your records. A contract between us will be formed only when we send you your order confirmation email.  Once your weekly order is confirmed, you will continue to receive your weekly order of the products from us and we will continue to take payment for the products from you via your chosen payment method until we are notified of any changes to your order or you cancel your order accordingly.

4.1.5      If for any reason we cannot provide you with a product in your order, you will be contacted by telephone or email and a refund will be issued for the amount you paid for such 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, because we have identified an error in the price or description of the product or because we are unable to meet a collection or delivery deadline you have specified.

5.             Price and payment

5.1          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, except in cases of obvious error.

5.2          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.

5.3          What happens if we get the price wrong It is possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If this is the case, we will, at our discretion, either contact you for instructions before delivering the product, or reject your order and notify you of such rejection.

5.4          When you must pay and how you must pay  We accept payment by direct debit. On registration with us, you will receive an email which contains a link to enable you to proceed with setting up your direct debit mandate with us for payment of the products. You can cancel a direct debit payment at any time before payment is due to be made. Please notify us of any cancellation of your direct debit for our information so we can ensure that we do not continue to deliver the products to you. If a payment is taken after you have cancelled your direct debit you will be entitled to an immediate refund of the payment from your bank or building society.

5.5          If we do not receive payment If you do not make any payment to us by the due date, we may suspend your account pending an interim payment and charge interest to you on the overdue amount at the rate of 2% above the base lending rate of the Bank of Scotland from time to time. Our credit control team will contact you in the event that payment for your order is not made to us by the due date and will arrange alternative payment with you, either by setting up a new direct debit, accepting payment by credit or debit card or by BACS bank transfer. If you think a payment is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. In the event of repeated payment failure we may impose a credit limit restriction on your account, reduce delivery quantities, suspend your account or cancel your account.

6.             Providing the products

6.1          When we will provide the products During the order process you will be asked to confirm which days of the week you would like the products delivering to you. You will receive a communication by email from us to confirm your weekly order and the days when your products will be delivered to you.

6.2          We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

6.3          Delivery of the products We can only deliver to houses or flats with a private ground level entrance to leave goods.  Unless otherwise agreed, we will leave products on or near the doorstep of any entrances that may be secured.

6.4          When you become responsible for the goods A product will be your responsibility from the time we deliver those goods to the address you gave us. If you provide us with an incorrect delivery address and your order is delivered to someone else, or if the intended recipient is no longer resident at the delivery location you specify, you are responsible for any losses you may incur as a result, for example, theft of the products.

6.5          When you own goods You own a product once we have received payment in full unless due to unforeseen circumstances we cancel your order as set out in these terms.

7.             Your Rights - Cancellation, Returns and Refunds

8.             Our responsibility for loss or damage suffered by you

8.1          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. 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 that it might happen, for example, if you discussed it with us during the sales process.

8.2          We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.

8.3          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 business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

9.             Other important terms

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

9.1.1      to supply the products to you;

9.1.2      to process your payment for the products; and

9.1.3      if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

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

9.2          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. 

9.3          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.  Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.

9.4          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.

9.5          Which laws apply to this contract and where you may bring legal proceedings  You and we agree that Scottish law applies to these terms and that any dispute between us arising out of or in connection with these terms will only be dealt with by the Scottish courts, unless you live in another part of the UK, in which case the applicable law of that part of the UK will apply and any dispute will be brought before the courts of that part of the UK.