Welcome to Dingwall Academy Market website. When you access this website, you agree to our Terms and Conditions, please take a few moments to read these Terms. By using this website you are entering into a legally binding contract. Please read the content carefully before you start to use the website, www.dingwallacademymarket.co.uk (the “Website ”). If you do not understand any of the terms of this Agreement, please contact us before using the Services.
The Website is an online market which allows users to partake in an online community and provides a platform for members and producers to partake in the trade in local foods and other items (the Products) for their mutual benefit.
We cannot give any undertaking, that Products and/or services you purchase from Producers through the Website will be of satisfactory quality, and this and any other such warranties (whether expressed or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you Order goods and/or services through the Website we may disclose your customer information related to that transaction to the relevant Producer.
MOO Food operates the platform and implement the tools and technical means to enable this relationship, but any contract for sale is between the Customer and the Producer. We do not have possession of any Products offered for sale and are not directly involved in the transactions between Customers and Producers. MOO Food is not part of the contract of sale between Customers and Producers, nor any other contract concluded between Users of the Website. MOO Food accepts no liability for any issues which may arise during the conclusion of these contracts.
- Other Applicable Terms
– As further detailed in clause 6 below, in respect of any payments made via the Website, STRIPE Terms and Conditions can be found here: https://stripe.com/docs/security/stripe
The website is owned and operated by MOO Food Community Interest Company (SC561122), The Bothy, Scatwell, Muir of Ord Iv6 7QG
- About The Website
4.2. We operate the platform and implement the tools and technical means to enable this relationship, but any contract for sale is made directly between the Member and the Producer. We do not have possession of any Products offered for sale and are not directly involved in the transactions between Members and Producers. MOO Food is not part of the contract of sale between Members and Producers, nor any other contract concluded between Users of the Website. MOO Food accepts no liability for any issues which may arise during the conclusion of these contracts.
4.3. We do not review Producers’ offers or content on the Website. We have no control over and do not guarantee the existence, quality, safety or legality of Products advertised; the truth or accuracy of Producer’s offers, the ability of Producers to provide the Products; the ability of Members to pay for Products; or the fulfilment of transactions, or the proper implementation of the contracts entered into between Members and Producers. We do not provide a guarantee to Producers regarding market outlets or the volume of customers, and shall not be liable to Members for any guarantee regarding the number and the diversity of Producers.
4.4. We do not provide any undertaking regarding, (i) the compliance of Orders with applicable laws and regulations; (ii) the compliance of Products with applicable laws and regulations, including their preparation and/or labelling; (iii) the conformity of delivered Products with the terms of the contract and the existence of possible hidden defects; (iv) the risks linked to transporting, storing, conserving and delivering the Products; or (v) the compliance with hygiene and maintenance rules including in regard to the Distribution site.
4.5. We cannot give any undertaking, that Products and/or services you purchase from Producers through the Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you Order goods and/or services through the Website we may disclose your customer information related to that transaction to the relevant Producer.
- Accessing our Website and Services
5.1. Our Website is made available free of charge to all users, save that MOO Food and Dingwall Academy are paid through commission paid for by the Producers.
5.2. We do not guarantee that our Website, any Content or any of the Services, will always be available or be uninterrupted, or fault-free. Access to our Website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice at any time. We will not be liable to any user of the Website if for any reason the Website is unavailable at any time or for any period. Please note that content on our Website may be out of date at any given time and we are under no obligation to update it.
5.3. We do not guarantee that our Website, or any Content on it will be free from errors or omissions.
- Membership and Registration
6.1. Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
6.2. Users who fulfil the requirements above and wish to join must first register an account to become a Member of the Website (“Account ”), in accordance with clause 6.3 below, by completing all required fields on the Website registration form found here: www.dingwallacademymarket.co.uk/join Users, whether or not already a Member, can also apply to become a Producer, in accordance with the terms set out in the Special Conditions of Use, found here: www.dingwallacademymarket.co.uk/terms
6.4. Where we have reason to suspect or believe that there has or is likely to be a security breach or other misuse of the Website, we reserve the right to require you to change your password. Failure to do so may result in us suspending or deleting your account.
6.5. As a user, you:
6.5.1. Represent and undertake that all Account information provided is accurate, up to date, honest and not misleading;
6.5.2. Commit to updating your Account information as and when it changes; and
6.5.3. accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information.
6.6. The information submitted to create or update an Account constitutes a proof of your identity. We reserve the right to verify, at any time, the accuracy of the information provided and to ask you for any additional documentation or information for the purpose of identity verification.
- How to de-register
7.1. You can at any time decide to terminate your membership.
7.2. In addition, you can unsubscribe from the Website at any time by sending an email to email@example.com. We will send you confirmation that your account has been cancelled, after which point you will no longer have access to the Services. Orders placed before unsubscribing will nevertheless be carried out and you will be bound by the terms and conditions of the Order as if you were a Member until the Order is completed.
- Payments on our Website
8.1. All payments made on the Website are processed by a third party payment handler, STRIPE, a registered e-money company which provides services for the issuing, use and management of e-money (“Payment Service ”). In Order to buy and sell Products advertised, Members must register and create an electronic wallet account (“Electronic Wallet ”), with the Payment Service.
8.3. The Payment service, STRIPE, is solely responsible for these transactions.
- Prohibited Use of the Website
9.1. You must not use the Website for disseminating any of the following Content (this list is not exhaustive): – Content which is unlawful, harassing, pornographic, obscene, indecent, shocking, abusive, threatening, inappropriate for family viewing, vulgar, libellous, defamatory, injurious, violent, racist, xenophobic, or Holocaust denying; – dishonest, misleading Content, or Content which offers or promotes unlawful, fraudulent or dishonest activities; – material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; – Content which is harmful to the IT systems of third parties (such as viruses, worms, Trojan Horses etc.); or – more generally, Content which is likely to violate the rights of a third party (including intellectual property rights, image rights, etc.) or to be prejudicial to third parties, in any manner or form.
9.2. In addition, you must not use the Website for any of the following purposes (this list is not exhaustive): – transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”; – gaining unauthorised access to other computer systems; – interfering with any other person’s use or enjoyment of the Website; – impersonating another person or otherwise mislead as to the origin of Content; – the carrying out of illegal or fraudulent activities, or any activity violating the rights or safety of third parties; – the violation of public Order or of applicable laws and regulations; – intrusion of a third party’s IT system, or any activity likely to harm, control, interfere with or intercept part or all of a third party’s IT system, or to violate its integrity or safety; – the sending of unsolicited emails, and/or marketing or commercial solicitation emails; – manipulations aimed at improving the indexing of a third party website; – the collection and aggregation of any information present on the Website without the Company’s expressly given authorisation; – the assistance or incitement, in any manner or form, of one or several of the aforementioned acts and activities; or – more generally, any practice aiming to divert the Services to purposes other than those for which they have been created.
9.3. It is strictly forbidden for Users to copy and/or divert for their own purposes or those of a third party the concept, technologies or any other element of the Website.
9.4. Equally strictly forbidden are: (i) all behaviours likely to interrupt, suspend, slow or impede the Services’ continuity; (ii) all intrusions or attempts to intrude into the Company’s systems; (iii) all actions likely to divert the resources of the Website; (iv) all actions likely to impose a disproportionate burden on the Website’s infrastructures; (v) all violations of security or authentication measures; (vi) all acts likely to violate the rights and financial, commercial, or moral interests of the Company or of the Website’s Users; (vii) all actions aimed at suppressing, hiding or displacing the advertisements or promotional messages found on the Website; and (viii) any breaches of these general terms and conditions.
- Intellectual Property
10.1. We are the owner of all intellectual property rights in the Website and any materials published on it. These rights are protected by copyright laws and treaties around the world. All such rights are reserved. You may only access and use the materials for personal use and you may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the materials (or authorise others to) for commercial gain, without a licence to do so from us.
10.2. We own or are the licensee of all rights, titles, interests, in and to the Website, including all rights under patents, copyrights, data base rights, design rights, trade secrets, trademarks, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Any disassembling, recompilation, decryption, extraction, re-use, copying, or more generally any act of reproduction, representation, transmission or use of any of these elements, in part or in whole, without the authorisation of the Company is strictly forbidden and may be subject to legal action.
- No Reliance
11.1. The Content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.
11.2. We have no obligation to verify the content of such information or to edit any such information provided by third parties.
- Limitation of Liability
12.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
12.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: – use of, or inability to use, our Website; or – use of or reliance on any Content displayed on our Website.
12.4. In respect of Producers only, please note that in particular, we will not be liable for: – loss of profits, sales, business, or revenue; – business interruption; – loss of anticipated savings; – loss of business opportunity, goodwill or reputation; or – any indirect or consequential loss or damage.
12.5. If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
12.7. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.1. We do not guarantee that our Website will be secure or free from bugs or viruses.
13.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
13.3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- Linking to Our Website
14.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3. You must not establish a link to our Website in any website that is not owned by you.
14.4. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
14.5. We reserve the right to withdraw linking permission without notice.
14.7. If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
- Third Party Links
15.1. We can under no circumstances be held responsible for the availability of third party websites from which you gain access via the Website.
15.2. We accept no liability for content, advertising, products and/or services available on such third party websites and we are not responsible for any transaction occurring between you and a third party website.
We reserve the right to insert on any page of the Website or in any communication with users any form of advertising or commercial message. You understand that we may transmit any advertising content or promotional content on the Website and in its communication with you or other users.
- Personal Data
For the avoidance of doubt, Producers and our Payment Provider we DO NOT share your details with any other third parties.
- Sanctions of Breaches
21.2. Any suspension or termination shall take full effect on the date we send the communication to the User and the User’s account will be automatically cancelled without further notice, without prejudice of any other rights and remedies we may have.
- Applicable Law and Jurisdiction
These general terms and conditions are governed by Scottish law. In the event of a dispute regarding the validity, interpretation and/or execution of these general terms and conditions, the parties submit to the exclusive jurisdiction of the Scottish courts.
Section B – Sales Process
The following section explains the process by which Members buy and sell Products on the Website. Once you have registered an Account you will be able to access any sales taking place within market(“Sales ”). You cannot take part in a Sale unless you are registered with the Website.
- How the contract is formed between Members and Producers
1.1. Please note that when you purchase Products on the Website the resulting legal contract is between you and that Producer and is based on the terms set out in this section B (the “Agreement”). Even though we may help facilitate the transaction, all transactions are entered into between you and the Producer, and we shall not have any liability, obligation or responsibility in connection with any transaction between you and the Producer.
1.2. Each Order you place shall be deemed to be an offer by you to purchase the Products subject to this Agreement and the applicable product details. After you place an Order, you will receive an e-mail acknowledging that we have received your Order (“Order Acknowledgement”). However, please note that the Order Acknowledgement does not mean that your offer has been accepted. The Producer’s acceptance or non-acceptance of your Order will take place as described in section 1.3 below.
1.3. No Order shall be deemed to be accepted by the Producer unless the minimum Order threshold for that specific Producer has been reached, or the Producer decides, notwithstanding that the minimum Order has not been met, to fulfil the Order. The contract between you and the Producer will be formed when the Order confirmation email (the “Order Confirmation”) is sent to you and will relate only to those Products and/or services notified in the Order Confirmation.
1.4. You understand that if a Producer’s minimum Order threshold has not been reached the Producer is not compelled to accept your offer and, accordingly, may not fulfil Orders made by you on the Website. You will receive an Order Confirmation via email, confirming whether an Order will be fulfilled in whole, fulfilled in part, or not fulfilled at all, as the case may be, at least 6 hours before the intended distribution time.
1.5. You should carefully review the terms of this Agreement, the Order Confirmation and the applicable details on the product page in relation to the Order.
1.6. When an offer to purchase has been accepted, Producers will do all that they can to ensure that your Order is fulfilled. Products are, however, subject to availability, market and weather conditions and seasonal changes so there may occasions that a Product is not available for collection. If Producers are unable to deliver an item you have ordered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.
- Placing Orders
2.1. The images of the Products listed on the Website may be stock photographs used by Producers for illustrative purposes only. Although Producers will make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Website are for indicative purposes only.
2.2. The Market and our communications to you in relation to any Order or contract will be in English. The Market allows you to review your Order and make any corrections before submitting it to us and by submitting the Order you confirm that you have made any such corrections.
2.3. To place an Order, Members must select the Products from the list of Offers presented by the Producers. All Orders must be made within the Order deadlines specified on the Market.
2.4. The Member can access a summary of the Products in their basket at any time before their Orders are confirmed. The Member can correct potential errors at any time before the market closes and an Order Confirmation received.
2.5. Submission of an Order amounts to an offer to enter a contract to buy the Products from the individual Producers. Furthermore, as long as the Market is open, Members may directly cancel their Order from the Website or contact as quickly as possible the Company for assistance in cancelling their Order. The Company will endeavour to assist them with such cancellation. As soon as the Market is closed, Members are irrevocably bound by their Orders once the Order Confirmation is sent and such confirmed Orders cannot be cancelled save as set out in section 6 below. No Order can be cancelled and no new Orders may be placed after the Market is closed and the Order Acknowledgment is sent to the Member.
2.6. The Company provides Members with a technical tool summarizing their Orders and the history of their payments, which is accessible from their Configuration Page.
- Price and payments (a) Mechanisms of payment
3.1. The sale prices of Products are displayed in the Offers, and are the exclusive responsibility of Producers. They are given in sterling and include any tax. The sale price fixed by the Producers includes all commission owed to MOO Food and Dingwall Academy. No supplement may be billed for the delivery and the distribution of Products on the Distribution Day.
3.2. The total price is stated in the Offer at the time the Order is placed and is due for payment when the Order is placed.
3.3. Payment is made online, through the Payment Service or by any other means offered on the Website.
3.4. Payment must be received before completion of the Sale, although payment may be made earlier for certain Products, for reasons related to organisation, availability or logistics. A payment authorisation is produced and the Member’s bank account will be immediately debited.
3.5. The Company will issue an invoice in the name of and on behalf of the Producers for all purchases made after the Hub Host has approved delivery of the Products as set out herein. (b) User Electronic Wallet
3.6. An Electronic Wallet is allocated to the Members in Order to implement the Services, and to provide the payment described above. This Electronic Wallet is linked to the bank account Members use to pay for purchases they make on the Website.
3.7. When Members carry out a payment in accordance with the conditions set out above, the payment process takes place in the following manner: (
- i) Once a Member has placed his or her Order, he or she is invited to provide payment in accordance with the mechanisms described in paragraph a) above.
(ii) The Member’s bank account is immediately debited in the amount corresponding to the sum total of Orders placed.
iii) The sum debited from the Member’s account is then held in the Electronic Wallet.
(iv) Upon the closure of the Distribution, the payment is transferred to the Producers’ Electronic Wallet. In the event that a Sale is cancelled, particularly if the minimum threshold of Orders set by the Producer is not reached, the sum corresponding to undelivered Products will then be refunded directly to the Member’s bank account.
(v) The commission due to the Hub Host and the Company is then debited and immediately transferred by the Payment Service, from the Producers’ Electronic Wallet to their bank account. These operations are implemented automatically by the Payment Service.
- Delivery of the Products
4.1. Delivery of the Products is carried out in accordance with the following provisions:
4.1.1. It is carried out directly between the Members or their Agent and the Producers or their Agent between 1600-1800 on Wednesday at Dingwall Academy.
4.1.2. A representative from MOO Food will be present at the collection to verify the conformity of the delivered Products with the Order Confirmation.
4.1.3. Members commit to taking delivery of the Products they have ordered directly from the Producers at agreed collection time. Members must also immediately verify the conformity of the Products with the Order Confirmation, in the presence of MOO Food rep. If the delivery is correct, they must sign the Delivery Form. Members cannot refuse or return any Product which matches the Order Confirmation.
4.1.5. If a Member does not receive all of the Products he or she has ordered, he or she must immediately inform the MOO Food rep and state it on the Delivery Form. In this event, the Member will not be debited, or, if necessary, will be refunded the sum corresponding to the undelivered Product(s).
4.1.6. The MOO Food rep must return all Products which a Member has failed to take delivery of beyond the Timetable to the Producer or their Agent along with any items not in conformity with the Order Confirmation.
4.1.7. Members expressly accept that they are not able to ask for a refund or a later delivery of Products which they have ordered but failed to take delivery.
4.1.10. Confirmation of delivery of the Products entails the issuing of invoices, to the Members and Producers by any appropriate means, as well as commission invoices for the MOO Food and Dingwall Academy.
- Distance Selling Regulations
5.1. Absence of right to return Products likely to deteriorate or go off rapidly Members are informed that, in accordance with The Consumer Contracts Regulations 2013, the right to return goods cannot apply to Products that are perishable or which are likely to deteriorate rapidly, such as food and flowers.
5.2. Right to return – other Products
5.2.1. Regarding Products other than those mentioned in point 6.1 above, Members have fourteen (14) days from the delivery of the Ordered Products to return products without justification or penalty, with the exception of the cost of returning the goods, which is for the Member’s account.
5.2.2. Members must inform MOO Food of their decision to return by emailing email@example.com in any form an unambiguous declaration expressing their desire to withdraw, before the fourteen (14) day period has expired.
5.2.3. MOO Food immediately informs the Producer affected by the withdrawal.
5.2.4. Except in the case of any other agreement between Users, the Member must return the Products subject to the withdrawal to the Producer during the next Distribution which follows the exercise of their right.
5.2.5. The Member will be refunded the entire sum paid for the Products within fourteen (14) days provided that, if necessary, the cost of returning the Product will be deducted from such refund. This refund is subject to delay if necessary until the Products are successfully returned to the Producer.
Users commit to submit complaints to MOO Food regarding the Products or the Services. MOO Food will transmit these accordingly, to the Producers and Dingwall Academy. An answer will be provided as soon as possible.