Terms & Conditions
IMPORTANT NOTE: As well as reading the following Terms of Conditions, to which you have agreed by using this Site, you should also refer to the terms and conditions, shipping and handling and returns policies of each individual Vendor on their profile or product pages before making any order.
In these Terms of Conditions, the following expressions have the following meanings:
“Affiliate”; an entity that provides third party PR, marketing and introduction services to customers on a referral or white label basis and remunerated via commission
“Agreement”; an agreement between (i) a Vendor and or Curator and (ii) Harvest Bundle Ltd.
“Computer”; a device used for accessing digital information including but not limited to desktops, laptops, tablets, mobile phones and other connected devices.
“Curator”; an entity that offers for resale to customers Vendor products and services, also acting as the primary service representative between Customers and Vendors
“Specialist”; an entity that offers advice, guidance or services via the Community Forum or Talent Desk.
“Customer”; an entity that acts in the capacity of a purchaser
“Optional Tools”; means (i) Community Forum, (ii) Social Pilot, (iii) Mail Chimp, (iv) Talent Desk, (v) Data Analytics, (vi) Profile Maker (vii) such additional or alternative proprietary or third party software tools that Harvest Bundle Ltd may launch from time to time.
“Personally Information”; (or “PI”); information from which the identity of a living individual may be determined. Examples of PII include, but not limited to, first and last name, home or other physical address, unencrypted email address, phone number or other contact information.
“Producer”; an entity that manufacturers or produces a food or drink product.
“Service(s)”; access to and use of (i) our sales channels, (ii) vendor admin panel, (iii) tablet based apps (iv) optional vendor tools
“Partner”; an entity that sells or curates on our sites, including Producers, Curators, Vendors and Affiliates.
“Usage Data”; non-Personal Information collected or created by the use of the Service.
“User” of “You”; anyone who interacts with our website, including but not limited to, Vendors, Curators and Customers.
“Us”, “Our” or “We”; Harvest Bundle Ltd, our agents and our Partners.
“Vendor”; an entity that offers physical products, downloadable products, tickets or services for sale via Harvest Bundle Ltd sales channels
“Vendor Admin Panel”; the login-protected web portal that may be accessed by Vendors to provide them with, among other things, access to Vendor account, product and order management tools
Acceptance of terms
We may update these Terms of Conditions, and the documents referred to within them, from time to time as well as other aspects of the Service We provide. You should review the Terms of Conditions periodically for any changes. By using our Services You agree to be bound by these Terms of Conditions. If you do not agree to these Terms of Conditions, then please do not use the Services or any part of them.
1. About us
The Services are operated by Harvest Bundle Ltd ("We"). We are registered in England and Wales under company number 11798456 and with our registered office address at 85 Great Portland Street, London, W1W 7LT
2. Accessing our Service
We permit access to Our Services on a temporary basis, and We reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or 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 reserve 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 Customer Terms of Conditions.
It is your responsibility to ensure that all information you provide on Our site, including your name and address, is at all times correct and accurate.
3. Use of Our Apps
(a) We grant you the right to use the App only for your personal use on an iOS or Android product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair our Site or Service in any way or interfere with any party’s use or enjoyment of our Site or Service.
(b) Neither we nor any of our Vendors or Affiliates have any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.
(c) In using the App through, you confirm that you have agreed to the applicable Apple or Android Terms and Conditions relating to such use.
If you breach any of these Terms of Conditions, your right to use the Site and/or Our Services will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.
4. Intellectual property rights
We own, or are the licensee to, all rights, title and interest in and to the Services we provide. This includes all rights under patent, copyright, trade secret or trademark law, as well as any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Under Our Terms of Conditions You agree not to not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from Our Services.
You must not extract or otherwise use any content on Our Site and/or Services for commercial purposes without first obtaining written permissions or a licence to do so from us or our licensors. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us.
5. Description of Our service
Purchase of physical products, downloadable products and / or services on Our Site and Services will result in a legal contract between You and the Vendor. The contract shall comprise of these Terms of Conditions, the email confirmation of your order and the applicable details on the product page. You agree to be bound by all such provisions. You are bound to review carefully Our Terms of Conditions, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms of Conditions and the email confirmation of your order or the applicable details on the product page, these Terms of Conditions shall prevail to the extent of the conflict or inconsistency.
Although we very carefully review all Vendor products, services and reputation We cannot give any undertaking, that the goods and / or services you purchase from Vendors through the Site will be of satisfactory quality. This and any other such warranties, whether express or implied, are absolutely disclaimed by Us to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Vendor. Where you order goods and/or services through the Site we will disclose your customer information related to that transaction to the Vendor.
We do not review or control, and are not responsible in any way for, listings provided by Our Vendors and at no time do We possess any items offered for sale by Vendors through Our Services.
6. Disclaimer of Warranties and limitation of liability
(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site and App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
(d) Neither we nor our licensors are liable to you or any user for any use or misuse of the App. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).
(e) Nothing in these Terms of Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
7. How contracts are formed between you and Vendors
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to Our Terms of Conditions and the applicable terms and details on the Vendors product page.
No order shall be deemed to be accepted by the Vendor until We, acting as the commercial agent of the Vendor, issue an email acknowledgement of order. The contract between You and a Vendor will relate only to those goods and/or services notified in the email acknowledgement of order.
8. Payment methods
Purchases for goods and/or services you make with Vendors may only be paid for using the payment methods we make available from time to time through our payment facilities, or by redeeming gift vouchers against Us to put towards your purchase of goods and/or services on Our Site. Except as otherwise described in the gift voucher special terms and conditions below, in accepting or otherwise processing your payments related to the purchase of items from Vendors, we solely act in the capacity as a commercial agent of the Vendor. In respect of all payment methods including gift vouchers, the Vendor acknowledges and agrees that the valid payment by You to Us or redemption of a voucher for the purchase of item(s) between you and the Vendor will satisfy your obligation to pay the Vendor for the relevant item(s) and consequently, any debt obligations owed by You to the Vendor for the purchase of such items shall be extinguished at that time. You acknowledge that these Terms of Conditions, and/or any transaction made by you via Our Services, do not create or imply any partnership, joint venture or trust relationship between Us, You and/or the Vendor. The Vendor further agrees that it will not seek recourse (legal or otherwise) against You for payment of items so long as you have validly paid us. All prices shall be shown in the applicable currency, and are payable in that currency. You accept that some banks may charge You an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices will not include VAT or other sales taxes.
9. Refusal of transaction
We may refuse to process a transaction for any reason, or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10. Delivery arrangements
Your shopping basket on Our Site displays the goods you have chosen, the Vendor who shall provide them and details of postage and packing. The delivery costs for each Vendor may vary according to the delivery methods they offer. Any delivery times quoted are in working days.
11. Import regulations and duty
If you order goods from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note, We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Vendor directly using the contact vendor facility on the Vendor shop page, or contact Us directly. Any returns or refunds shall be made by the Seller in accordance with Our Refund Policy - Some items are non-returnable: Perishable products. All images used are for illustrative purposes, thus delivered produce visuals will vary. But the quality of the delivery will be better.
You may link to pages of Our Site, either directly or via Social Media, 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. We reserve the right to revoke any rights granted in this clause for breach of these Terms of Conditions and to take any action deemed appropriate.
You may use up to 70 words from our Site in blogs or written articles without express permission so long as a reference is made to our site as the originator of such content and a backlink is provided to the original content. This should be in the format of “as originally published on Harvest Bundle at”. Content of more than 70 words needs express permission from Harvest Bundle.
You may make social media posts on Your social media accounts so long as this links to the original content.
We reserve the right to withdraw linking permission at any time.
Our Site provides links to other websites for your information. If you use these links, you will leave Our Site. You recognise that We are unable to fully review such third-party websites and We have no control over such sites or resources. We therefore neither endorse nor make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
14. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third-parties any such material for any purpose. We also have the right to disclose a user’s identity to any third-party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third-party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
15. Reviews and Ratings
You may leave reviews ("Reviews") for a Vendors product or service. You may also rate the product using the provided rating system ("Ratings"). You agree to complete any Reviews and Ratings honestly, based upon your experience in using the Vendors products or services.
As a Vendor, you acknowledge and accept that your product’s Rating and Review will be publicly available for viewing on Our Site.
We are not responsible for checking or editing the Reviews or Ratings on Our Site, but will from time to time undertake checks of any content posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.
We will investigate any Review or Rating which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that Review or Rating in a timely and fair manner.
You agree to indemnify and hold Us, our Vendors and Our Affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third-party, arising out of or in connection with any Reviews or Ratings left by you on Our Site.
16. Viruses, hacking and other offences
You must not misuse our Site or any part of Our Services by 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 Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms of Conditions, or if we fail to exercise any of the rights or remedies to which We are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these Terms of Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these Terms of Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These Terms of Conditions, and any documents expressly referred to in them, constitute the entire agreement between Us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between Us, whether written or oral, relating to its subject matter. Each of us agrees that neither We nor You shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Conditions or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms of Conditions and any documents expressly referred to in them.
20. Force majeure
Where we or a Vendor are prevented from or delayed in carrying out obligations under these Terms of Conditions due to circumstances beyond the reasonable control of Us or Our Vendors including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either Our or Our Vendor's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
21. Rights of Third Parties
22. Law and jurisdiction
Contracts for the purchase of goods or services through Our Site or Our App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
23. Promotional code & voucher terms and conditions
- By using a promotional code or voucher (“Promotions”). You will be deemed to have read and understood these terms and conditions and agree to be bound by them.
- The terms and conditions on Our Site shall apply to Promotions. If, and to the extent there is a conflict or inconsistency between the Terms of Conditions of Our Site and these Promotion terms and conditions, the Promotion terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in Terms of Conditions of Our Site shall also apply to these Promotion terms and conditions.
- Promotions can only be used on the Harvest Bundle Site or Service specified. The value specified can only be used and towards the purchase of items currently featured and available on our Site, excluding taxes and delivery charges.
- Promotions may be an arrangement between You and Us, or may be between You and the Vendor for specific products and services.
- Promotions cannot be used in conjunction with any other offer on Our Site in the same transaction, including (but not limited to) any of our other Promotions, unless specifically stated that this is allowed. Promotions are also not valid for the purchase of gift vouchers.
- he discount associated with a Promotion is applied to your entire basket, excluding any delivery or handling charges. Promotions must be entered on the payment page during checkout in order for the discount to be applied. Promotions will not be applied once a payment has been made for a transaction except in the case of proven system error.
- Each Promotion will have a limited time period of validity, and / or a maximum number of orders per Promotion. The Promotion will be invalid once such limits have been reached. Promotions may also have other conditions for use, such as for certain products or services, time periods, Vendors products or services, minimum spend or number of units. Specific terms and conditions for each Promotion setting out any such limits can either be found in the communication you received with the Promotion itself, on the specific Promotion terms and conditions page of Our Site or via information on Our site such as an on-site banner.
- Both We and our Vendors, for the Vendors own Promotions, reserve the right to suspend, change or cancel any Promotion, at any time, in the event of circumstances arising which make it necessary to do so. We may update these terms from time to time and reserve the right to add additional terms and conditions for specific Promotions as, when and where necessary. You should review the Promotions terms and conditions periodically for changes.
- Promotions have no cash value, and can neither be transferred, nor forwarded, nor reassigned.
- Any refund You may be entitled to receive on an order will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price of the order.
24. New Vendor Promotion terms and conditions
- We may, from time to time, introduce promotions relating to new Vendors, and/or the products of those new Vendors, on Our Site.
- We reserve the right to amend or suspend any new Vendor promotion at any time, at Our discretion.
25. Feedback and Complaints
We welcome general comments and feedback about Our Site, please contact us In the event of a complaint about a specific Service, Vendor, or their goods or services please firstly direct the complaint to the Vendor via the Vendor page on Our Site or via the contact details provided on the order confirmation email. If you have made a complaint and have exhausted all of the dispute resolution options available to you may contact Us, alternatively the European 'Online Dispute Resolution Platform'
26. Other applicable terms and conditions
Additional Terms of Conditions may apply to certain of our products and services. These products and services, and the Terms of Conditions that apply to them, are set out below.
Gift vouchers: special terms and conditions
When purchasing a gift voucher, or using a gift voucher to make a purchase on our Sites, you agree to be bound by the general Terms of Conditions for Our Site and Services. You also agree to be bound by the special Terms of Conditions relating to gift vouchers below.
How to purchase and redeem gift vouchers
- When purchasing a gift voucher from Us, the purchaser must choose a gift voucher value, type and design.
- Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared.
- Printable gift vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the gift voucher has been cleared.
- It is the responsibility of the purchaser to ensure that the recipient email address entered is correct. We cannot be held responsible for the incorrect delivery of gift vouchers due to a customer error.
- Gift vouchers are only available for purchase in pounds sterling using a credit or debit card. At this time, purchases of gift vouchers using PayPal is not available.
- When redeeming gift vouchers the unique gift voucher code stated on the gift voucher must be entered at the checkout. If the holder of the gift voucher does not have an account with us they will be required to open one in order to redeem the gift voucher.
- The holder of a gift voucher can only redeem the value against us on Our Site. Our gift vouchers cannot be redeemed against Vendors directly, and are not accepted as a means of payment by Vendors featured on our Site.
- Where, as a holder, you redeem a gift voucher against us, we will show a credit on your online account with an equivalent sum. In turn, we will apply the funds received by Us as principle as payment for your gift voucher against the price to be paid for the goods or service selected for purchase on the Site and deduct this from the credit to your account.
- If the goods purchased total less than the value of the gift voucher, any remaining gift voucher balance will be held against your account Our Site under 'my funds'.
- If a credit under a gift voucher is insufficient for us to meet the full cost of the goods purchased, the balance must be paid by credit or debit card at time of gift voucher redemption. You cannot redeem a gift voucher and make a PayPal payment in the same purchase.
- Please note that the value of the gift voucher will be deducted by Us from your online account and any top-up-payment will be debited, before the applicable Vendor will have accepted your offer to purchase a product. As a consequence, if the Vendor(s) does not accept your offer to purchase a product, we will reinstate the amount of the gift voucher used to the 'my funds' section within your account and reverse any top up payment made in anticipation of such purchase to your credit or debit card respectively.
- Our standard Terms of Conditions shall apply regarding the purchase of goods or services regardless of whether you redeemed a gift voucher as part of the purchasing process.
General gift voucher terms and conditions
- By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these Terms of Conditions and agree to be bound by them.
- The Terms of Conditions of Our Site shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the Terms of Conditions of Our Site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site Terms of Conditions shall also apply to these gift voucher terms and conditions.
- Harvest Bundle gift vouchers can only be accepted by and redeemed against us on the Harvest Bundle Site such that we apply our funds towards the purchase of items currently featured on our Site including p&p (subject to availability).
- Gift vouchers are an arrangement between You and Us or the gift voucher holder and not the Vendors hosted on Our Site. Vendors do not directly accept gift vouchers as payment for any goods and services sold on Our Site and we will pay the Vendors a cash sum equivalent to the value of the gift voucher redeemed against Us. Gift vouchers cannot be redeemed on the individual websites of any Vendors on our site.
- Gift vouchers cannot be purchased in conjunction with any other goods on our site in the same transaction.
- Gift vouchers cannot be used to purchase other gift vouchers.
- The maximum value of gift vouchers that can be purchased in any one order is £200.
- One or more gift vouchers can be redeemed against a single order.
- We shall not be held responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.
- We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
- A gift voucher may be cancelled and refunded to the purchaser, provided that the purchaser cancels such gift voucher within seven (7) working days of purchase of the gift voucher. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.
- Gift vouchers must be redeemed within one year of the date of dispatch by Us and will expire after such date.
- These gift vouchers are provided and operated by Harvest Bundle Ltd
Policy last updated 17th February 2019