We take our legal responsibilities very seriously so we have outlined them here. What we sell is a natural, fresh product which more often than not is the centrepiece of a gathering of family and friends at a special time of the year. To do everything we can to deliver a fantastic product to you for this one day of the year is a responsibility we shoulder even more seriously.
Terms & Conditions
These General Terms and Conditions of Sale govern the sale of goods by us to you, the customer, via our website www.butlerfarms.co.uk, which is operated by Butler Farms, and also by telephone, email or other means by members of our team and will form the basis of the contract between us. Copies of these terms and conditions are available on request. Please read them carefully before placing your order and print a copy for future reference.
The Contract Between Us
When you place an order to purchase items using our website or by other means, this is an offer by you to us to purchase such items. By ordering you are providing details which are true, accurate, current and complete and that the payment details are correct and your own.
We will confirm receipt of your order by sending you an email summarising the details of your order (‘Order Confirmation E-mail’); this is the point at which we accept your order and the contract is formed (subject to these terms and conditions). The contract is completed when the goods are delivered (also subject to these terms and conditions).
Product Description and Specifications
We have made every effort to ensure that the goods displayed on this website and in our printed material conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions of items on the website and printed material are quoted as accurately as possible. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor’s display of any colour will always reflect accurately the colour of the item delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
All orders for goods made by you on the website, by telephone, email, in writing or in person via a member of our team are subject to these Terms and Conditions.
Amendments: If you wish to amend an order you must notify us by phone as soon as possible and we will use our best efforts to make an amendment if at all possible provided the order has not already been despatched. We, however, make no guarantees that this can be done. We also reserve the right to amend your order before the goods are despatched if the goods are no longer in stock (see Substitution below).
Goods which are ordered in advance then fulfilled and paid for in the shop are sold according to the exact weight and price per kilogram listed at the time the order is placed. For example, this means that a 6.5kg turkey will be charged at its weight multiplied by the price in the 6kg to 7kg price bandwidth at the time of ordering. However, to allow the fullest flavour in the turkey to mature, we hang our turkeys long-legged in a controlled temperature chiller for up to two weeks, only preparing them 36 hours or so before you take delivery. This makes it very difficult to gauge the exact oven ready weight of each bird. To get around this problem we estimate the oven ready weight when the bird is first hung and allocate each customer their turkey based on this estimate. Most of the time, we can supply your turkey to within half a kilo of the weight you ordered and with very few exceptions, people are OK with this. We then charge, as outlined above, by the final oven ready weight of the product we deliver.
Mail order, or online pre-payment presents a different problem because we can’t guarantee the oven ready weight of a bird until it is drawn and dressed and this is too late for this kind of operation. To overcome this problem, we have priced our turkeys in narrower bandwidths, but offer a fixed price for each weight band. For example, if you order a 6kg-6.5kg turkey, this has been priced as a 6.25kg turkey using the published price / kg for the current year. Some customers will receive their turkey that is a little under this weight and some a little over. If, when allocating turkeys to each customer we find that we have insufficient numbers to meet a certain weight requirement, we will substitute up a weight to the next available bandwidth and not charge for the increased size, or we will telephone you to you offer a turkey crown to get as close as possible to your weight requirement. In exceptional circumstances, it may happen that we can only supply a turkey in a lower weight bandwidth. Where this is happens, we will always call you to discuss options before finally allocating a bird.
Allocation weights are prioritised to each customer according to the earliest date on which each order is received.
To some extent then, all our goods which are prepaid are substituted, because we are unlikely to meet an ‘exact’ weight requirement. If you are unhappy with the online ordering and payment arrangement as outlined above, please come to the shop to collect your order and pay on the day. But if you’re OK with it, and you understand and accept the constraints we have outlined, please continue with your order.
Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Prices displayed on the website and in printed materials include Value Added Tax where chargeable which will be applied at the current rate. Whilst we try and ensure all details, descriptions and prices are correct when appearing online, some products might be subject to slight variations. If, however, we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled as we are not obliged to honour such orders.
The delivery charge is an additional cost. Please refer to our Delivery Information for full details.
For online orders you must select a method of payment for goods when the order is placed. Goods that are to be sent by mail or courier will not be despatched until payment is received unless by prior consent of Murray or Caroline Butler.
For online orders you may pay by supplying your credit/debit card details on the secure online order form, or if you prefer, via a BACS transfer. Butler Farms operates the highest level of security, meaning your card details are not retained by us. Should we need to issue a refund due to a price change or item being out of stock we may need to re-contact you to obtain your card details.
Our website uses the PayPal and Amazon portals for payment which are tried and trusted for their high levels of security.
We regret that we cannot accept cheques as payment online.
Please note that we cannot guarantee the security of data when communicating with Butler Farms via email or fax. Accordingly please do not send us payment information using email. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us with when placing an order.
In addition to the payment methods mentioned above, payment by bank transfer can also be accepted for phone orders but please note that the order will not be confirmed until payment is received which can take 3 working days.
Butler Farms continues to accept cheques as payment in the shop. Cheques for online orders must be received by 17th December and cleared before goods are shipped.
Privacy and Communications
To fulfil our obligations to you under these General Terms and Conditions we communicate with you by e-mail and by posting notices on the website. You agree to receive communications from us electronically and that this electronic communications will satisfy any legal requirement for communications in writing.
Content & Intellectual Property Rights
www.butlerfarms.co.uk, its products and content is protected by national intellectual property. You are only allowed to use content found on this website as expressly agreed by Butler Farm. Any reproduction or redistribution of our products and content that is not authorised may result in our being seriously naffed off and never supplying you again, surely worse than the threat of civil and criminal penalties.
In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. Nor can we promise that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you have an up-to-date and complete virus-checking software to protect yourself.
You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and Butler Farms. You will not express yourself as an employee, agent or representative of Butler Farms and we are not liable for any representation, act or omission on your part. This doesn’t mean that we don’t want you to recommend our products. Such recommendations have been the lifeblood of this business and we cherish and value them greatly.
Fresh foods will be delivered using cool boxes which will keep the items in good condition up to the delivery time. You must therefore ensure that there is someone to accept these items as responsibility for the refrigeration thereon lies with the recipient.
The food products we sell are perishable and often have rapid expiry dates. Therefore, these food items are excluded from your statutory right to return purchases within the seven working day ‘cooling-off’ period.
Cancellations Prior to Despatch
If you wish to cancel your order prior to despatch, please contact us on +44 (0)1483 279813.
Right to Cancel and Return Purchases
Under the Consumer Protection Regulations 2013 you have the right to cancel your order within a period of 14 days from the day after you receive the goods. This right applies to all items except for perishable goods and other items likely to expire rapidly and sealed goods where the seal has been broken.
If you wish to cancel and return your purchase, please contact us +44 (0) 1483 279813 with the order number quoted on the delivery note. You will be given instructions about where to return the goods which must be made without undue delay and in any case within 5 working days of notifying us. Alternatively, the goods can be returned to the farm at Bowles Farm, Bookhurst Road, Ewhurst, Surrey, GU6 7UN. . When the goods have been received and checked, a refund for the goods and the standard delivery charge (premium charges are not refundable) will be issued as soon as possible, this may mean that you will be contacted for repayment details. Please note that the above perishable items are excluded from this right and the cost of returning the goods is your responsibility.
Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.
Items Damaged in Transit, Defective & Incorrect items
If you take delivery of a package from us and the contents have been damaged in transit, or are defective or are not as specified, we will exchange these items without charge to you provided you notify us within 3 working days of taking delivery and return the goods to us within another 3 working days. Please note that we may request photos of the damage and packaging taken at the time of delivery in order to enable us to investigate the matter with our courier and packing supplier.
In these circumstance, please call us with the details and you will be provided with instructions and the Freepost address (UK only) to return the goods which must be made without undue delay and in any case within 6 working days of notifying us.
It is your responsibility to ensure that the items are adequately wrapped. Alternatively, the goods can be returned to us at Bowles Farm, Bookhurst Road, Ewhurst, Surrey, GU6 7UN with proof of purchase within the same time period. When the damaged, defective or incorrect goods have been received and checked, we will refund the item(s); this may mean that you will be contacted for repayment details
Delivery to United Kingdom Addresses
For full information of our delivery services, please click here. Please note that if you order a number of items for delivery to the same address, they may be despatched in separate containers and we cannot therefore guarantee delivery on the same day
We make every effort to despatch items on time. If we are unable to deliver the items within your chosen arrival period, we aim to contact you to discuss your options and despatch as soon as possible. If the items are not delivered within the time period we specify in the Confirmation Email, please contact us on +44 (0) 1483 279813.
Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Please note that the cool boxes used for fresh products are only sufficient for the first attempted delivery. It is the sender’s responsibility to ensure that the delivery can be accepted and signed for and where this fails to happen there will be no refund for fresh products and replacements will be chargeable.
Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from courier delays or force majeure (e.g. weather) for which we will not be responsible.
All deliveries must be signed for. Deliveries are to an address not a named individual. If a signed delivery at that address is not possible a card will be left saying that delivery was attempted and stating where the items will be held and the options available for delivery to be re-attempted or collection. If the delivery subsequently still fails or the delivery is refused by the recipient (e.g. an unwanted gift) then the goods will be returned to our Distribution Centre and the sender contacted for instructions of where the goods should be delivered, a refund is not available in these circumstances. If we are unable to make contact, the returned items will be sent to the sender’s address who will be liable for any additional costs.
Butler Farms cannot be held responsible for any failed deliveries due to an incorrect or incomplete delivery address. Any new delivery charges incurred due to such errors will be passed on to the sender.
We do not deliver to addresses outside the United Kingdom. Orders placed with a delivery address outside the mainland United Kingdom but still within the United Kingdom will incur an additional delivery charge to the flat rate charge which is posted at www.butlerfarms.co.uk and must be agreed in writing prior to the order being accepted.
Limitation of Liability
To the maximum extent permitted by law, Butler Farms accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including indirect, consequential, special or exemplary damages arising from the use of this website or any information contained therein.
Events Beyond Our Reasonable Control
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
Alterations to this Website and General Terms and Conditions
If you breach these General Terms and Conditions of Sale and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing Law and Jurisdiction
These General Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
For order, product or service enquiries, please contact us at your convenience on during normal weekday working hours +44 (0) 1483 279813 or email butlerfarms@btinternet.
Butler Farms is registered as a Sole Trader in England and Wales
Promotions and Promotional Codes
If you have a published promotion code from Butler Farms, please note that offers cannot be used in conjunction with any other offers and offers apply to one per household.
Thank you for taking the time to study these terms and conditions. Should you have any further enquiries please contact us on +44 (0) 1483 279813.
Butler Farms, November 2014
1.1 We are committed to safeguarding the privacy of our website visitors and service users; in this policy we explain how we will handle your personal data.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data (“account data“). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.4 We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.5 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include both company and personal information. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.6 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
2.7 We may process information contained in any enquiry you submit to us regarding products and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you. The legal basis for this processing is consent.
2.8 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
2.9 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.10 We may process any of your personal data identified in the other provisions of this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.12 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Automated decision-making
3.1 We will use your personal data for the purposes of automated decision-making in relation to our website and our marketing & sales processes.
3.2 This automated decision-making will involve marketing personalisation across our website and other marketing communications such as email.
3.3 The significance and possible consequences of this automated decision-making are that you are likely to receive a personalised experience with content and other marketing assets.
4. Providing your personal data to others
4.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
4.2 We may disclose personal data to our suppliers or subcontractors insofar as reasonably necessary for them to complete any marketing or sales activity we have set out for them on our behalf.
4.4 In addition to the specific disclosures of personal data set out in this Section 4, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 We have offices and facilities in the UK. In the future we may add additional offices. The European Commission has made an “adequacy decision” with respect to the data protection laws of The UK. Transfers to other countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission OR the use of binding corporate rules.
5.3 The hosting facilities for our website are situated in The UK. The European Commission has made an “adequacy decision” with respect to the data protection laws of The UK. Transfers to other countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5.4 All of our marketing and sales departments are situated in The UK. The European Commission has made an “adequacy decision” with respect to the data protection laws of The UK. Transfers to other countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Your personal data will be retained for 2 years following the date and time of your last interaction with our website or business, at the end of which period it will be deleted from our systems.
6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of personal data will be determined based on your interaction with our website or business.
6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of changes to this policy by email or through the private messaging system on our website.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us or via our contact form, in addition to the other methods specified in this Section 8.
9. Third party websites
9.1 Our website includes hyperlinks to, and details of, third party websites.
9.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
10. Personal data of children
10.1 Our website and services are targeted at persons over the age of 18.
10.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
11. Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
12. Acting as a data processor
12.1 In respect of payment data we do not act as a data controller; instead, we act as a data processor.
12.2 Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
13. About cookies
13.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
13.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
13.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
14. Cookies that we use
15. Cookies used by our service providers
16. Managing cookies
16.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome)
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer)
(e) https://support.apple.com/kb/PH21411 (Safari)
16.2 Blocking all cookies will have a negative impact upon the usability of many websites.
16.3 If you block cookies, you will not be able to use all the features on our website.
17. Our details
17.1 You can contact us:
(a) by post, using the postal address.
(b) using our website contact form.
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.