Isle of Man Creamery Limited
Standard Customer Terms and Conditions
1. About these terms and conditions
1.1 This document sets out the terms and conditions upon which we, Isle of Man Creamery Limited, supply goods and services to our Customers. Please read these Conditions carefully together with our privacy policy, which is available on our website www.isleofmancreamery.com or by contacting us using the details at the end of this document.
1.2 These Conditions may have changed since you last reviewed them. For a list of changes and when they were made please visit our Website. All purchases are made on the basis of the latest version of the Conditions at the time of the Order.
1.3 Please note that Business Customers do not have the same rights as Consumers, so certain Conditions only apply to Business Customers or to Consumers.
1.4 Unless we have expressly agreed otherwise in writing, these Conditions apply to the exclusion of any other terms that the Customer may seek to impose or incorporate. To the fullest extent permitted by applicable law, these Conditions apply to the exclusion of terms implied by law, trade custom, practice or course of dealing. The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
2. Interpretation
2.1 We use the following terms in these Conditions:
App: means the Doorstep Direct by Isle of Man Creamery application, downloaded from the relevant store.
Bill: means a combined Invoice and Statement.
Business Customer: means a Customer buying Goods or procuring Services wholly or mainly for use in connection with their trade, business, craft or profession.
Business Day: means a day (other than a Saturday, Sunday or public holiday on the Isle of Man) when banks in the Isle of Man are open for business.
Conditions: means the terms and conditions set out in this document as amended from time to time.
Consumer: means a Customer who is not a Business Customer.
Creamery Club: means a monthly subscription to receive priority service and exclusive offers as described at https://www.isleofmancreamery.com/the-creamery-club.
Customer: means a person or firm who purchases Goods or procures Services from us and includes Consumers and Business Customers.
Customer Number: means a unique reference number we assign to a Customer once registered with us.
Delivery Location: means the place you ask us to deliver Goods to.
Direct Debit: means an arrangement between the Customer and a bank which allows a third party to transfer money from the Customer’s bank account to our bank account on agreed dates.
Goods: means the products and produce we sell.
Invoice: means an invoice setting out the Goods and Services we have supplied to you during the invoice period and the amount owed by the Customer in respect of such Goods and Services.
Order: means the Customer’s order for Goods and, where applicable, Services.
Returnable Packaging Materials: means returnable, reusable packaging including: trolleys, pallets, churns, and other items as communicated from time-to-time, but specifically does not include milk cartons or boxes.
Services: means the Creamery Club and any other services we agree to supply to You from time to time.
Standing Order: means an order for Goods which the Customer orders to be supplied regularly each week on a particular day of the week and may include an order for the ongoing provision of Services.
Statement: means a statement of Invoices and payments made or outstanding.
VAT: means Value Added Tax.
Web Portal: means the website that Customers can log in to at http://isleofmancreamery.yourmilk.co.uk
Website: means our website www.isleofmancreamery.com
We, Us, Our: means Isle of Man Creamery Limited, with company number 121467C and registered office of The Creamery, Ballafletcher Farm Road, Cronkbourne, Isle of Man IM4 4QE.
You, Your: means the Customer.
2.2 In these Conditions, unless the context requires otherwise, a reference to:
(a) a person includes a natural person, corporate or unincorporated body;
(b) a party includes its personal representatives, successors and permitted assigns;
(c) legislation is a reference to it as amended or re-enacted, and includes all subordinate legislation made under that legislation; and
(d) writing or written includes email.
2.3 Any words following the terms including, include, in particular, for example or any similar expression are illustrative only and shall not limit the sense of the words preceding them.
3. The Goods We Sell and the Services we provide
3.1 Customers may purchase Goods and/or Services as displayed on our Website, Web Portal, App or in any written catalogue or order forms we issue from time to time.
3.2 The Goods and Services we offer may change from time to time. We may withdraw Goods and/or Services from sale without notice, but will refund any sums you have paid in advance for products which won’t be provided.
3.3 We will let you know if we are unable to supply any Goods or Services you have ordered and refund any sums you have paid in advance for products which won’t be provided.
3.4 Where you are a Consumer, the Supply of Goods and Services Act 1996 implies terms into these Conditions, for example that Goods we supply will correspond to their description and be of satisfactory quality.
3.5 If you think there is something wrong with the Goods or Services you receive, you should contact us using the contact details at the end of these Conditions. Due to the perishable nature of the Goods we supply, we request that you contact us as soon as possible upon discovering that there is something wrong with the Goods you receive and no later than the 2 days after the relevant delivery or collection. Please provide us with as much information as possible, ideally including best before date, batch code, and any other relevant information.
3.6 If you are a Business Customer, we exclude all terms implied by the Supply of Goods and Services Act 1996 to the fullest extent permissible by law. We warrant to our Business Customers that on delivery Goods shall: (a) conform in all material respects with their description; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality (within the meaning of the Supply of Goods and Services Act 1996); and (d) be fit for any purpose held out by us. Unless an exception applies, if: (i) you give us notice in writing within a reasonable time of discovery that any Goods do not comply with these warranties; (ii) we are given a reasonable opportunity of examining such Goods; and (iii) you return such Goods to us at our cost, we shall, at our option, replace the defective Goods, or refund the price of the defective Goods in full and this will be your only remedy for breach of the warranty. We will not be liable for a failure of Goods to comply with this warranty if you make any further use of such Goods after telling us they are non-compliant or the defect arises because you failed to follow our instructions as to the storage or (if there are none) good trade practice.
4. Signing up for Services
4.1 Customers in the Isle of Man may sign up to the Creamery Club on our Website, or by emailing or telephoning us using the details set out at the end of these Conditions.
4.2 The benefits of membership of the Creamery Club are as set out on our Website or as otherwise communicated to Creamery Club members in writing from time to time.
4.3 The price for membership of the Creamery Club is shown on our Website. We will notify Creamery Club members of any change to the price of Creamery Club membership at least one month prior to the change taking effect.
4.4 You may end your Creamery Club membership at any time by emailing or telephoning us using the details set out at the end of these Conditions.
5. Placing an Order
5.1 Each Order shall specify whether the Goods ordered are to be:
(a) delivered by us to a property set out in the Order (Delivery Location); or
(b) made available by us for collection by the Customer.
5.2 Customers are encouraged to place Orders online via our Web Portal or App, in accordance with the following terms. Alternatively, Orders can be placed by emailing or telephoning us using the details set out at the end of these Conditions or, for Business Customers, by Electronic Data Interchange (EDI).
5.3 Customers may only use the Web Portal or App to place Orders for delivery to a Delivery Location within the Isle of Man. Customers wishing to order Goods for delivery to a Delivery Location outside of the Isle of Man should use EDI to place an Order or contact us by email or telephone using the details set out at the end of these Conditions.
5.4 The Order constitutes an offer by the Customer to purchase the Goods and/or Services in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
5.5 Once an Order is confirmed and accepted by us, we are under an obligation to deliver conforming Goods or to provide the relevant Services (subject always to the availability of the relevant Goods and to the terms of these Conditions) and you are under an obligation to pay.
5.6 Standing Orders
5.7 Customers may place a Standing Order for the provision of selected Goods on specified day(s) of the week. We will notify you of the day(s) of the week that are available for delivery to your requested Delivery Location, which may not be every day of the week. We may change the day(s) of the week that are available for deliveries to your Delivery Location by giving you 7 days’ notice. The Goods will be provided on an ongoing weekly basis unless the Standing Order is otherwise amended or terminated in accordance with these Conditions.
5.8 Customers wishing to place a Standing Order must first create an account with us by registering online, by email or over the phone. To place a Standing Order, the Customer will be required to sign up for Direct Debit payment and electronic invoicing which will be done at the time of creating an account.
5.9 Once we have processed your registration request, you will receive an email confirming that your account with us has been created and giving you your Customer Number. The email will also confirm the date on which your Standing Order will become effective and your first delivery will be made. Customers who do not provide an email address will receive confirmation of their Customer Number and date their Standing Order will become effective by a letter sent to the address supplied by the Customer. You will not receive subsequent Order confirmations.
5.10 Changes to Standing Orders
5.11 You can amend your Standing Order on a permanent or temporary basis by submitting a request online via our Web Portal or App, by email or over the phone. Amendments or cancellations can be requested at any time up to 4.30pm on the Business Day prior to the day of delivery, or at the time specified on the Web Portal or App.
5.12 Single Orders
5.13 Customers may place a one-off Order for the provision of selected Goods by submitting a request online via our Web Portal or App, by email or over the phone.
5.14 Customers may register online via our Website, Web Portal or App, by email or over the phone. Once we have processed your registration request, you will receive an email confirming that your account with us has been created and giving you your Customer Number. The email will also confirm the date on which the delivery of Goods will be made or Goods will be made available for collection. Customers who do not provide an email address will receive confirmation of their Customer Number and the date on which the delivery of Goods will be made or Goods will be made available for collection by a letter sent to the address supplied by the Customer.
6. Pricing
6.1 We sell Goods to Consumers at the price shown on our Website, Web Portal and App from time to time. Prices for Business Customers may be agreed on a one-off or ongoing basis verbally, by phone, by email or by letter. Prices for Business Customers located outside of the Isle of Man will be agreed in advance, generally by email. If you place a Standing Order, any change to the price of Goods on our Website will be applied to your Standing Order. We will notify you of any changes to the price of Goods in your Standing Order prior to the change taking effect.
6.2 The price of milk is set by the Isle of Man Department of Environment, Food and Agriculture (DEFA) within legislation. Any changes to the price of milk stipulated by DEFA will be a matter of public record, and we will charge the prices specified within the legislation. For product and customer group combinations that the legislation allows some price flexibility, changes will be communicated to Customers before they take effect.
6.3 Prices for Consumers are expressed as including VAT, unless otherwise stated.
6.4 Prices for Business Customers are expressed as excluding VAT unless otherwise stated.
6.5 If the rate of VAT changes between you placing an Order and the date we supply the Goods, we will adjust the rate of VAT that you pay.
7. Delivery
7.1 Where an Order includes a request for delivery of Goods, we shall deliver the Goods to the Delivery Location specified in the Order or such other location as the parties may agree at any time before we deliver the Goods.
7.2 Deliveries to Consumers are normally made by leaving the Goods outside of the property. Deliveries to Business Customers can be made by either leaving the Goods inside the premises (if the premises are open) or alternatively outside of the property, at the discretion of the delivery person. Delivery is completed on the completion of unloading of the Goods at the Delivery Location.
7.3 By placing an Order and specifying the Delivery Location, you give us permission to access the Delivery Location for the purpose of delivering the Goods. Subject to Condition 11 (Liability), we will not be liable to the Customer for any loss or damages incurred by the Customer as a result of providing us with access to the Delivery Location. Subject to Condition 11 (Liability), we will not be liable for any delay in delivery that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to supplying the Goods to the requested Delivery Location.
7.4 Deliveries may be made at an unattended Delivery Location and outside of the business hours of the Customer. Delivery times vary and may be during the night. By placing an Order, you acknowledge that such delivery times are reasonable in the circumstances. Any times quoted for delivery are approximate only, and the time of delivery is not of the essence.
7.5 Deliveries are only available on certain days of the week on a Customer-by-Customer basis, with different locations having different available delivery days. Changes to delivery days will be communicated in advance. Goods will usually be delivered on the day requested in the Order if that day is an available delivery day for that Customer’s location. However Goods may be delivered on other days over some bank holiday periods such as Christmas and New Year, for which notification will be given in advance.
7.6 Where an Order requests delivery, the title and risk in the Goods passes on completion of delivery at the Delivery Location.
7.7 We may deliver the Goods by instalments, which shall be shown separately on the relevant Invoice or Bill. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
8. Collections
8.1 Where an Order specifies that Goods are to be made available for collection, the Customer shall collect the Goods from our premises at The Creamery, Ballafletcher Farm Road, Cronkbourne, Isle of Man IM4 4QE, or such other location as we may specify prior to delivery.
8.2 The Customer must collect the Goods within the period specified in the Order.
8.3 Due to the perishable nature of the Goods we sell, if you fail to collect the Goods within the specified period we may still charge you for the Goods you have ordered.
8.4 If you have opted to collect the Goods, the title and risk in the Goods will pass to you once we make the Goods available for collection at the time specified in the Order.
9. Once you have received the goods
9.1 You are required to return all Returnable Packaging Materials to us. You shall make any such Returnable Packaging Materials available for collection at such times as we shall reasonably request, or deliver the Returnable Packaging Materials at times agreed on a case-by-case basis.
9.2 You should check the Goods as soon as they are delivered or collected and notify us within 2 days in the event of any damaged Goods or inconsistencies with your Order. Where you notify us of any damaged Goods or inconsistencies with your Order, we will act promptly to deliver replacement Goods. If you do not notify us within this period, or if you use the Goods, you are deemed to have accepted the Goods delivered.
9.3 For Business Customers, in the event that the quantity of Goods we deliver is inconsistent with your Order, you may not reject the Goods. If we have not already updated the Invoice for the discrepancy, and where you notify us of the discrepancy within 2 Business Days of the delivery, we will make a pro rata adjustment to the Invoice for the Goods if we can verify the discrepancy. Clear and obvious errors can be rectified retrospectively.
10. Invoicing and Payment
10.1 We operate different invoicing arrangements for different types of Customer. Invoicing periods are either daily, weekly or monthly on a Customer-by-Customer basis, as specified in the relevant Invoice or Bill.
10.2 For Consumers, Invoices or Bills will generally be issued within the first two weeks of each month in respect of Goods and Services received during the previous month.
10.3 For Business Customers located on the Isle of Man, Invoices will be generated on a daily, weekly or monthly basis, as agreed on a customer-by-customer basis. Invoices to Business Customers located outside of the Isle of Man are generally sent at the time of dispatch of the relevant Goods.
10.4 Invoices and Bills will generally be issued electronically via email or the App. Customers who do not provide an email address will be sent paper Invoices or Bills and may be subject to an additional administrative charge.
10.5 If you wish to query an Invoice or Bill, please contact us within the applicable payment period using the details set out at the end of these Conditions.
10.6 Payment must be made either:
(a) by Direct Debit on the agreed Direct Debit date following the month of supply; or
(b) within 14 days of the date of the relevant Invoice or Bill by bank transfer, debit card, credit card, cheque or cash, using the details set out at the end of these Conditions.
10.7 We ask all Customers to sign up for monthly Direct Debit payments where possible. This can be done online www.isleofmancreamery.com/pay-by-direct-debit or over the phone with our customer services team using the details set out at the end of these Conditions.
10.8 If we are unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
10.9 Without prejudice to any other right or remedy, we reserve the right to suspend supplying Goods and/or Services if you have failed to pay any amount owed to us or if, in our reasonable opinion, you will not be able to meet any existing or future commitment to us.
11. Liability
11.1 If we cannot deliver Goods or provide Services due to an event outside our control, such as vehicle breakdown, extreme bad weather or road closures affecting access to the Delivery Location, we will notify Customers through social media, or other form of media, as circumstances allow. If time permits, we will use best endeavors to contact you directly to let you know and do what we can to reduce the delay, although this might not be possible if multiple Customers are affected. Affected deliveries might be cancelled at our discretion. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us using the details at the bottom of these Conditions to cancel your Order.
11.2 Where you are a Consumer, we will not be responsible for any losses you may suffer if the loss is:
(a) Unexpected – if it was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable);
(b) Avoidable - something you could have avoided by taking reasonable action; or
(c) Caused by a delaying event outside our control, where we have taken the steps set out in Condition 11.1 above.
11.3 If you are a Business Customer then, except in respect of the losses described in Condition 11.4:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount equal to the total sum you have paid to us (excluding VAT) for the supply of Goods and Services in the twelve months immediately prior to the liability arising.
11.4 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 1 of the Supply of Goods and Services Act 1996;
(d) defective products under the Consumer Protection Act 1991; or
(e) any liability that legally cannot be limited.
11.5 We follow appropriate food safety guidelines and are subject to regular audits as part of the independent food safety certification scheme developed by the British Retail Consortium. As part of this accreditation, we are required to have a procedure for product recall. In the unlikely event of an incident which would necessitate a product recall, we will make every effort to communicate the circumstances to Customers. You agree to return any such Goods unused upon notification. We will refund the cost of the Goods supplied in such circumstances by issuing a credit note at the earliest opportunity.
11.6 Customers should consult packaging for best before dates, allergen information, and other product use information, prior to consumption of products.
12. Termination
12.1 You can end a Standing Order at any time online via our Web Portal or App, by email or over the phone. We will cease deliveries on the date you have requested, provided that the request is made no later than 4.30pm on the Business Day before you wish to cease deliveries or at the time specified on the Web Portal or App for making changes to Orders. We will send you an Invoice and/or a Bill after you terminate a Standing Order and you must pay us as usual, but after that we will stop sending you Invoices and/or Bills.
12.2 We can end our contract with you if:
(a) you don't make any payment to us when it's due and you still don't make payment within 60 days of our reminding you that payment is due;
(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Goods or Services;
(c) you don't, within a reasonable time, either allow us to deliver Goods to you or collect them from us;
(d) we give you at least two months’ notice; or
(e) you are abusive to our staff or we otherwise consider your behavior towards our staff to be unacceptable.
12.3 Termination of the agreement between us, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of these Conditions which existed at or before the date of termination.
12.4 Any provision of these Conditions that expressly or by implication is intended to come into or continue in force on or after termination of the agreement between us shall remain in full force and effect.
13. Disputes
13.1 If you have any concerns or problems regarding an Order or otherwise arising out of your relationship with us, please contact us using the details set out at the end of these Conditions and our customer services team will do their best to resolve matters as per our complaints policy.
13.2 The rights and remedies under these Conditions are in addition to the rights and remedies implied by statute and common law.
13.3 These Conditions and any dispute or claim arising out of or in connection with them are be governed by the laws of the Isle of Man.
13.4 The Isle of Man courts have jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions.
14. General
14.1 These Conditions set out the contract between you and us. Nobody else can enforce this contract and neither of us will need to ask anybody else to sign-off on ending or changing it.
14.2 If a court or other authority decides that some of these Conditions are unlawful, the rest of these Conditions will continue to apply.
14.3 Even if we delay in enforcing these Conditions, we can still enforce these Conditions later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
14.4 It is important that the data we hold about you and the Delivery Location is accurate and up-to-date. Please keep us informed of any changes, for example if you move house or change your email address.
14.5 We may make changes to these Conditions from time to time. We will publish the revised Conditions on our Website before they take effect. You may cancel any Order before the revised Conditions come into effect.
15. Additional terms for business customers
15.1 If you are a Business Customer, these Conditions and the Order constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Conditions and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Conditions.
15.2 If you are a Business Customer, all amounts due under these Conditions (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16. Data protection
16.1 Your privacy and personal information are important to us and we are committed to handling your personal data responsibly. Any personal information that you provide to us will be handled in accordance with our Privacy Policy, which is available at https://www.isleofmancreamery.com/legals/privacy-policy and upon request using the contact details at the end of these Conditions.
16.2 Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
17. Contact Information
17.1 You can contact us by any of the following methods:
(a) Phone: 01624 632000
(b) Email: customerservices@isleofmancreamery.com
(c) Post: The Creamery, Ballafletcher Farm Road, Cronkbourne, Isle of Man IM4 4QE
(d) Website: www.isleofmancreamery.com/contact
17.2 Our customer services team are usually available 8.30am-4.30pm Monday to Friday, or 8.30am-12 noon on bank holidays.