Terms and Conditions (edition May 2021)

Use of the website

This website is owned and operated by Durham Markets Company Limited (DMC).
By accessing this website and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions (Terms) set out herein. If you do not agree to be bound by the Terms you may not use or access this website.
If you have any questions or comments on the Terms, please contact us by email at info@durhammarkets.co.uk

Identity of Supplier

Unless stated to the contrary on this website the products and services supplied (Goods) in accordance with any contract made through this website are supplied by the individual trader (Retailer) from whom the Goods are purchased.

General

DMC has taken every care in the preparation of the content of this website. However, except to the extent required by applicable law or as otherwise set out in the Terms, DMC does not represent or warrant the accuracy or reliability of any of the information or content about any Goods contained on this website.

To the fullest extent permitted by applicable laws, DMC hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website or the Goods, including, without limitation, direct, indirect, incidental or consequential losses or damages whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to DMC.

The foregoing will apply whether such claims. Loss or damages arise in tort, contract, negligence, under statue or otherwise.

Nothing in the Terms limits DMC’s liability for fraud or death or personal injury resulting from our negligence.

However, if you are a consumer your statutory rights are not affected.

Privacy Statement

DMC is committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers.

Terms regarding use of this website

• It is important that you ensure the content details you provide during registration are accurate, otherwise you may not receive communications from us or your Goods may not be delivered.
• If you choose, or are provided with, a user name, password or other piece of information as part of our account security procedures, you must treat such information as confidential and not disclose it to anyone else. We have the right to disable any account if, in our reasonable opinion, you have failed to comply with this requirement. If you know or suspect that anyone other than you knows your account details, please email us at info@durhammarkets.co.uk
• We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the website for business and operational reasons. We will endeavour to give reasonable notice of any such suspension or withdrawal.
• We are the owners of all intellectual property rights in this website and in the material published on it.
• You are allowed to share links to pages on our website from other websites owned or operated by you or via social media provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it and provided you do not imply any connection between you and us.

Goods available from the website

Images and packaging of the Goods may vary from that shown in the images on the website. As many of the Goods advertised include fresh produce, meat and fish it is not possible to provide any guarantees as to colour, shape, size, ripeness or cut.

Although Retailers take all reasonable care to ensure that all information about their products as advertised on the website is accurate, occasionally such information may be incorrect, incomplete or out of date. In such circumstances, the Retailers reserve the right not to accept any order for the affected products, or if the order has already been accepted, not to supply the affected products to you. In any case you will be notified.

The Retailers are required by law to provide allergen information about the products they sell on the website. Where applicable, this information should be made available by the Retailers on the relevant product and you will be required to tick a box before your order is progressed to confirm you have read the list of allergens.

The price of the Goods includes all applicable taxes, including VAT at the current rate, but does NOT include the current delivery charge of £5 which will be added at the checkout.

Payment

There is a minimum order value, excluding delivery charges, for each order of £20

We accept all major debit and credit cards, except American Express, as well as Paypal. We will treat all of your personal data as confidential. We will keep it on a secure server and fully comply with all applicable privacy regulations and consumer legislation. If you would like to read more on how we collect, where we collect and how we use your personal information, please see our Privacy Policy here.

Please also see our cookies policy to learn more about what cookies we use, their nature, purpose and the regulated usage of your personal information on this website

This online delivery shopping service uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted to us. This technology is designed to minimise the risk that someone else could breach your privacy when shopping on line through this website.

DMC may refuse to fulfil any order or limit the amount of individual products ordered (including for any bulk purchases of items on special offer).

Ordering through the website

Please note there are currently geographical restrictions as to range of our delivery services. This is typically within a 5m radius of Durham City Centre and the postcodes to which we deliver are clearly stated on our shop page.

Currently we deliver on a Saturday morning and our delivery team will aim to leave Durham with the orders for delivery by 10am.

Goods will be delivered to the address requested. If no-one is available to receive the Goods, the delivery driver will first contact you on the phone number you have given and then the Goods will either be left in a safe place (either as identified by yourself on your order or as agreed on the phone – the delivery driver will take a photo of the Goods as left) or a card will be left asking you to contact DMC at your earliest convenience to arrange an alternative delivery date. Redelivery is subject to availability and is chargeable.

All orders which include alcohol can only be sold and delivered to persons aged 18 or over. By placing an order which includes alcohol, you confirm that you are at least 18 years old. DMC and the participating traders on this website have agreed to adopt a ‘Challenge 25’ policy, so if the person receiving the Goods looks under 25, proof of age will be requested to prove that they are over 18 years old. Our delivery drivers reserve the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of alcohol or drugs.

If proof is not available and there is no-one of that age at the address when delivery is being made, the alcohol may be retained by the delivery driver. Unless you want the delivery driver to attempt redelivery at another time when someone over 18 years old is present (in which case you will have to pay any delivery charge again) DMC reserves the right to cancel your order for the alcohol and refund the price of those Goods (but not the delivery charge) to you.

Changing your mind

Except for goods which would expire or deteriorate rapidly, such as fresh produce, food made to order, frozen products, milk, meat or fish (ie perishable goods), or products made to your specification that have been clearly personalised, you have a legal right to change your mind within 14 days of the Goods being delivered to you and receive a refund without having to give any reason. To exercise this right, you need to let us know by email within the 14 day period – info@durhammarkets.co.uk

Where you have exercised the legal right to change your mind as above, you must return the Goods direct to the Retailer or to the Management Office, Market Hall, Market Place, Durham DH1 3NJ within 14 days of telling us that you have changed your mind. Goods should be returned in their original packaging and in the case of items which include a hygiene or security seal you should not remove these unless you are certain you intend to keep the Goods. In the event the original packaging has been tampered with, or you have handled the Goods beyond what is reasonably necessary to establish the nature, characteristics and functioning of the Goods, neither the Retailer nor DMC will accept the return of such items and you will not be entitled to a refund in respect of those items.

We will refund the price you paid for the Goods returned as above by the method you used for payment. We will make any refund within 14 days from the day on which the Retailer or DMC receives the Goods back from you in accordance with the procedure above.

Unhappy with the Goods?

We want to make sure that all our customers are happy with the Goods received and the quality of our overall service. If you have any complaints, or feedback, then please do get in touch with us by email at info@durhammarkets.co.uk

If any of the Goods are damaged, or there are any issues with the quality of the Goods supplied, you may exercise your right to reject those Goods. If you wish to exercise this right you must either return them to Retailer in person or allow the DMC delivery driver to collect them from you.

Entire Agreement

These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the Goods.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations hereunder which is caused by events outside our, the Retailers’ or the Delivery drivers’, reasonable control (force majeure)

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the law of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute concerning or arising out of these Terms.

If your order contains alcohol, both you and the recipient must be over 18 years old. By confirming such on your order form you are agreeing with Section 10.67 of the Statutory Guidance of the Licensing Act which requires distance sellers to operate an age verification policy in relation to remote sales. It stipulates that ‘Companies that sell alcohol remotely (eg online or by mail order) should operate an age verification policy, but, as the sale of alcohol does not ordinarily take place on delivery, the condition does not in such cases require photo ID to be shown at the point of delivery. As long as age verification has taken place already via another means, these transactions will meet the requirement of the condition’.