Terms & Conditions

TERMS OF WEBSITE USE

[05.08.2022]

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website (“DairyDiary.co.uk”, “website” or “site) and associated web pages, whether as a guest or as a registered user.

Please read these terms of use carefully before you start to use the site. By using this website you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please refrain from using the site. We recommend that you keep a copy of these terms of use for future reference.

WHO WE ARE AND HOW TO CONTACT US

The site is operated by or on behalf of Trek Logistics Limited (“Trek Logistics”, “we”, “our” or “us” as appropriate). We are registered in England and Wales under company number 11980897 and have our registered office at Trek Logistics Ltd, Prestige House, Valley Bridge Road, Clacton-on-Sea, CO15 4AD. Our VAT number is  322259914.

To contact us, please
Email enquiries@dairydiary.co.uk

Call us on +44 1270 270050
Write to us at PO Box 482, Crewe, CW1 9FG

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of the site:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the site. When using the site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on the site.
• Our Terms and Conditions of Supply provides information about our terms of supply if you decide to purchase any products from us through this website.

WE MAY MAKE CHANGES TO THESE TERMS OF USE

We amend these TERMS OF WEBSITE USE from time to time. Every time you wish to use the site, please check these terms of use to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO THE SITE

We aim to update the site regularly and may change the content at any time.

WE MAY SUSPEND OR WITHDRAW THE SITE

The site is made available free of charge. Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the site, or the entire site, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to the site.  You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using the site, you must comply with the provisions of our ACCEPTABLE USE POLICY. The site is provided for personal use and you should not use it for business or commercial purposes.

HOW YOU MAY USE MATERIAL ON THE SITE

Material incorporated or displayed on the site belongs to us or our third party suppliers. These works are protected by copyright laws. All such rights are reserved.

You may print off one copy, and may download extracts, of material displayed on the site for non-commercial, personal use only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You may not use any part of the materials on the site for commercial purposes or otherwise distribute, amend, re-use or re-post any part the content of the site without our permission.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THE SITE

The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.

Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Links or pointers to websites and references to products and services, if any, offered by third parties are provided to you for convenience only. We have not reviewed and have no control whatsoever over any of the websites or their contents mentioned or accessible from the site.

The existence of a link from the site to any other website is not and shall not be understood to be an endorsement or approval by us of such linked website, its owner, or any products or services offered on such linked websites.

WHEN WE ARE RESPONSIBILE FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our TERMS AND CONDITIONS OF SUPPLY.

For business users:

• Please note that we only provide this site for domestic and private use. You agree not to use the 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.
• We exclude all implied conditions, warranties, representations or other terms that may apply to the site or content in it.
• We will not be liable to you 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, the site; or
• use of or reliance on any content displayed on the site.
• 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.

For private users or consumer:

• Please note that we only provide this site for domestic and private use.
• You agree not to use the 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.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software. You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the 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 the site will cease immediately.

We recommend that you install appropriate antivirus software and any other necessary protective software before you download information from the site.

RULES ABOUT LINKING TO THE SITE

• 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.
• 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.
• You must not establish a link to the site in any website that is not owned by you.
• The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.
• We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on the site other than that set out above, please address your request to enquiries@dairydiary.co.uk

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

These terms and conditions are governed by English law provided that if you are a consumer residing in the UK nothing in these terms and conditions supercedes or replaces any mandatory laws that apply in your place of residence. You or we can bring legal proceedings under these terms and conditions in the courts of your place of residence.

TRADEMARKS

The titles of our products are registered and/or unregistered trademarks. You may not use any trademark featured on the site without our written permission or that of such other party that may own such trademarks.

ACCEPTABLE USE POLICY

This Acceptable Use Policy applies to all users of, and visitors to, the site. This Acceptable Use Policy sets out the terms between you, the user of this site, and us under which you may access our website and associated web pages (“dairydiary.co.uk”, “website” or “site”).

Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our TERMS OF WEBSITE USE.

WHO WE ARE AND HOW TO CONTACT US

The site is operated by and on behalf of Trek Logistics Limited (“Trek Logistics Limited”, “we”, “our” or “us” as appropriate).

We are registered in England and Wales under company number 11980897 and have our registered office at Trek Logistics Ltd, Prestige House, Valley Bridge Road, Clacton-on-Sea, CO15 4AD. Our VAT number is 322259914

To contact us, please
email enquiries@dairydiary.co.uk
call us on +44 1270 270050
write to us at PO Box 482, Crewe, CW1 9FG

PROHIBITED USES

You may use this site only for lawful purposes.  You may not use this site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our CONTENT STANDARDS.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To conduct any business activity
• To knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful
• To attempt to gain unauthorised access to our website or any website; servers or any server; computer or database connected to our site.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of our TERMS OF WEBSITE USE
• Not to access without authority, interfere with, damage or disrupt;
• any part of the site;
• any equipment or network on which the site is stored;
• any software used in the provision of the site; or
• any equipment or network or software owned or used by any third party.

Any breach to this provision, constitutes a breach to the Computer Misuse Act 1990 which is a criminal offense. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our site will cease immediately.

INTERACTIVE SERVICES

We may from time to time provide interactive services on the site, including, without limitation:

• Chat rooms
• Blogs or vlogs

Where we provide any interactive service, we will decide in each case in our sole discretion whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a Minor or Child is subject to the consent of their Parent or Guardian. We advise Parents or Guardians who permit their Children to use an interactive service that it is important that they communicate with their Children about their safety online. Children/Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.

You must comply with the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in England and Wales and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark or other right of any other person.
• Be likely to deceive any person.
• Breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or incite or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain any advertising or promote any services or web links to other sites.

BREACH OF THIS ACCEPTABLE USE POLICY

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the site.  When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the TERMS OF WEBSITE USE upon which you are permitted to use the site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
• Issue a warning to you.
• Legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
• We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.
• The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this Acceptable Use Policy from time to time. Every time you use the site please check this Acceptable Use Policy to ensure you understand the terms that apply at that time.

TERMS AND CONDITIONS OF SUPPLY

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply products through our website to you.

1.2. Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Trek Logistics Limited a company registered in England and Wales. Our company registration number is 11980897 and our registered office and main trading address is Trek Logistics Ltd, Prestige House, Valley Bridge Road, Clacton-on-Sea, CO15 4AD. Our VAT number is  322259914

2.2. How to contact us

Email enquiries@dairydiary.co.uk
Call us on +44 1270 270050
Write to us at PO Box 482, Crewe, CW1 9FG

2.3. How we may contact you. If we have to contact you, we will do so by using your preferred/selected contact method which is either by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. “Writing“ includes emails. When we use the words “writing“ or “written“ in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This may be for various reasons such as the product is out of stock; unexpected limitations on our resources which we could not reasonably plan for; we have identified an error in the price or description of the product or we are unable to meet a delivery deadline you have specified or events that have occurred which are beyond our control.

3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. Please provide this order number whenever you contact us about your order.

3.4. If you live in the European Union, nothing in these Terms and Conditions supersedes or replaces any mandatory laws that apply in your place of residence.

4. Our products

4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

5. Providing the products

5.1. Delivery costs. The costs of delivery will be as displayed on our website.

5.2. When will the products be delivered. During the order process we will let you know when the products will be delivered to you.

5.3. We are not responsible for delays caused by events outside our control. Events outside our control include events such as war, riots, flood, earthquakes or other natural disasters, acts of terrorism, acts of state or government. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If we do this we will not be liable for delays caused by these events, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.4. Delivery of your product. In other to arrange delivery of your product, we may share your details with one of our carefully selected Partners. Your product may also be delivered by one of our carefully selected Partners.

5.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company may hide the product in a safe place; leave you a note informing you of how to rearrange delivery or leave the products at a local postal depot.

5.6. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.

5.7. When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you provide.

5.8. When you own goods. The product belongs to you once we receive payment in full.

5.9. Reasons we may suspend the delivery of products to you. Sometimes, we may have to suspend the delivery of products. This may happen for various reasons such as to deal with technical problems or make minor technical changes.

5.10. Your rights if we suspend the delivery of products. We will contact you in advance to tell you we will be suspending delivery of the product, unless the problem is urgent or an emergency. If we have to suspend delivery for longer than a two-week period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you paid in advance for the product.

5.11. We may also suspend delivery of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend delivery of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending delivery. We will not suspend delivery where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.5).

6. If there is a problem with the product

6.1. How to tell us about problems. We are under a legal duty to supply products that are in conformity with the contract. If you have any questions or complaints about the product, please contact us. You can contact us via HOW TO CONTACT US.

6.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. Please contact customer services for a return label via the details provided here HOW TO CONTACT US.

6.3 to be eligible to a refund (partial or full) replacement or repair any missing or damaged items shall be reported within 45 days of dispatch date. In case of damaged items you may be requested to provide pictures as an evidence. This does not affect your statutory rights.

7. Price and payment

7.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. Though we take all reasonable care to ensure that the price of products advised to you is correct, there may be instances where the price indicated will change or is incorrect. Please see clause 10.2 and 10.3 below.

7.2. Changes to VAT or Sales tax. If the rate of VAT or Sales Tax changes between your order date and the date we supply the product, the final price of your product may change. We may change the price to reflect the VAT or Sales Tax changes if you have not paid for the product. If you have paid in full for the product, then the price will not change. Nothing in these terms supersedes or replaces any mandatory laws that apply in your place of residence.

7.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some products are incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods delivered to you.

7.4. When you must pay and how you must pay. We accept payment by credit and debit cards; and PayPal as listed on our website. You must pay for the products before we dispatch them.

7.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

7.6. Increases in Price. We may from time to time increase the price of the products that are the subject of the contract. We shall give you no less than thirty (30) days’ notice of such increase. Nothing in these terms supersedes or replaces any mandatory laws that apply in your place of residence.

8. Our responsibility for loss or damage suffered by you

8.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and for defective products.

8.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. Other important terms

9.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

9.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.

9.3. Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.

9.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.5. Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

9.6. Which laws apply to the contract and where you may bring legal proceedings. These terms and conditions are governed by English law provided that where you are a consumer living in the European Union nothing in these terms and conditions supersedes or replaces any mandatory laws that apply in your place of residence. You or we can bring legal proceedings under these terms and conditions in the courts of your place of residence.

9.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at ec.europa.eu/odr.  If you decide to use this service, please use the following email address when completing the form enquiries@dairydiary.co.uk