Terms & Conditions

Terms & Conditions

The Dartmoor Ice Cream Company

Company info

The Dartmoor Ice Cream Co makes ice cream and sorbets in a production dairy for wholesale and direct sales to customers.

Application and entire agreement

1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you or Customer) from The Dartmoor Ice Cream Co, a company registered in England and Wales under number 11882526 whose registered office is at The Rectory, Lydford, Okehampton, Devon, EX20 4BH (we or us or Supplier).

2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. The Handmade Dartmoor label is a second label under The Dartmoor Ice Cream Company. All products for this label are made by us.

Interpretation

5. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

6. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

7. Words imparting the singular number include the plural and vice-versa.

e-Commerce Shop

On-Line Purchasing

8. The e-commerce shop on the Dartmoor Ice Cream Co. website offers products for sale made on site at the production dairy in Princetown, Devon. We reserve the right to also retail products manufactured by other companies. 

9. We buy in a range of products from other businesses to re-sell through our website. These products are stored in our storage facility and are not repackaged in any way except for Little Hollacombe Farm eggs which are delivered in large trays and packed into smaller six egg boxes. We cannot be held responsible for the varying quality, sizes or weights of other manufacturers goods although we do take strict care in sourcing products of the highest possible quality to match our exacting standards. Any variation in these standards is due in the most part to the artisan nature of the products. More information about their products can be found on their websites.

10. Companies we buy from are listed below:

a) Continental Crumbs - https://continental-crumbs.com

b) Taw Valley Creamery - http://www.arlacheese.co.uk/creamery/taw-valley

c) Brixham Maid - https://www.brixhammaid.com

d) Little Hollacombe Farm - https://www.freerangeeggs.shop

11. By placing an order on our website you understand and agree to all the terms and conditions set out below.

12. Your order will be processed within 36hrs, and delivered according to our local delivery routes (see delivery section below).

Gift Vouchers & Coupon Codes

13. Gift vouchers are generated for use through our e-commerce shop on the Dartmoor Ice Cream Co. website only. These vouchers are sent to you (the customer purchasing the voucher) as an email attachment PDF image. You can forward this voucher to someone as a gift if you like - we do not send gift vouchers to third parties on your behalf.

14. Gift vouchers carry a unique coupon code that is single use and will expire as soon as the code is entered into the coupon code box. All our gift vouchers are valid for 12 months from date of purchase, at which point they can no longer be used. 

15. Our gift vouchers represent the value listed on each individual voucher, the vouchers are not legal tender and cannot be exchanged for cash or credit; they can only be used on qualifying purchases through our website.

16. We sometimes offer coupon codes in promotions and discount offers which need to be entered into the coupon code box at the checkout and they will be applied to qualifying orders during the checkout process. Some coupon codes are multi-use and can be used for the duration of the advertised promotion period.

Price

17. Prices on-line in our e-commerce shop are listed including VAT at the current standard rate of 20%.

18. Any discounts, offers, deals and changes to listed prices are subject to immediate alteration or adjustment at our discretion, unless otherwise stated to be current for a specified period of time; at which point the price will revert back to the usual trading price list price.

19. Prices may change at our express discretion at any time.

On-Line Payment

20. All on-line payments are taken through the third party payment provider, 'Square', and are secured by their payment encryption, designed and maintained by Square and conform to all the necessary GDPR regulations with regard to the sale of goods on line, including PCI compliance. Further information can be found at www.squareup.com 

Refunds

21. Refunds will be given if customers are dissatisfied with the product and we are in agreement that the product sold was inferior in quality, appearance, taste or texture to our usual standard or that the product is in some way unfit for consumption. 22. Refunds will be limited to the total cost of the original purchase and we will not be held liable for any losses incurred through inconvenience, disappointment or other ensuing costs. 

23. We make our products using artisanal methods in small batches, therefore, there will be some acceptable variations between batches. Account will be taken of this in any decision regarding refunds.

Delivery

24. We deliver to local areas with our own vehicles. ONLY destinations within the listed postcode area codes are included in the delivery routes, see below. We reserve the right to alter these delivery routes at any time in response to sales levels in each area.

25. Postcodes Currently Delivered to are postcodes beginning with the four or five character/digit prefix listed below: 

EX20_1** / EX20_2** / EX20_3** / EX20_4** / PL19_*** / PL20_***

26. Delivery days are not fixed and our routes can change on a weekly basis, therefore it is not always possible to say more than twenty four hours in advance of your delivery slot, however we do try to deliver to areas on similar route patterns.

27. Because our deliveries change every week we have a delivery window of between 8am and 6pm on any given day. Please contact us if you have specific delivery instructions, carol.bache@dartmooricecream.uk

28. Our minimum order for local delivery is £16 (inc. VAT) any order below £16 is subject to a £4.50 surcharge to cover the cost of delivery, this delivery cost is applied at the checkout.

Cancellation and returns

29. Once an order has been placed you cannot cancel or return the goods.

30. Our aim is to deliver the beautiful ice creams and sorbets we make for you to enjoy, however if you are not happy with your order, for whatever reason, please email or call us to discuss how we can help you.

31. For information on our products, ingredients, allergens, imagery, data protection and GDPR please see the full terms and conditions set out in our TRADE agreement below.

Corona Virus (COVID-19) - When in force

32. The Corona Virus has impacted our business in many ways, please see below our attempts to include all government lead advice into our terms and conditions.

a) All our deliveries are 'contact less'. We observe strict social distancing and do not come within a 2 metre distance of you, the customer.

b) We deliver to your door step, knock to alert you we have delivered, then step back beyond the 2 metre distance required for social distancing.

c) If you need to make a payment using our hand terminal we will place it on top of the order for you to either “swipe” your card or input your pin number, then once the payment has gone through you can leave the terminal on the door step and we will retrieve it after you have taken the goods inside the house.

d) Our products are prepared in a clean, sterilised environment in line with the current HSE standards for food production. 

TRADE BUSINESS

Price

33. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

34. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

35. Any increase in the Price under the clause above will only take place after we have told you about it.

36. You may be entitled to discounts. Any and all discounts will be at our discretion.

37. The Price is inclusive of fees for packaging and transportation / delivery. We do not currently deliver outside of the counties of Devon and Cornwall.

38. A minimum order of £48 is applicable for orders from outside the Dartmoor National Park.

39. The Price for products is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. VAT on our goods is currently levied at the standard rate of 20%.

40. Volumes and weights may vary slightly as our products are filled by hand. 

41. As we produce food using artisanal methods in small batches, there will be some inevitable slight variations between different batches of the same product. Therefore in purchasing our products you agree that the slight variations in products of the same kind are acceptable.

42. Our standard terms of payment are 7 days from receipt of goods.

43. The Dartmoor Ice Cream Co reserves the right to charge interest at 4% above the Bank of England base rate on outstanding balances if payment is not received within the stated terms of agreement.

Ordering

44. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

45. Mixed boxes of tubes are available upon request. A minimum of three business days will be necessary to complete orders for bespoke mixed boxes. The Dartmoor Ice Cream Co reserves the right to provide substitutes in the event of ordered flavours being out of stock. We will make these substitutions, wherever possible in consultation with the buyer.

46. 120ml pots are sold in boxes of 24. 450ml pots are sold in boxes of 18.

Delivery

47. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.

48. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

49. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.

50. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

a) store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

b) make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

c) after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

51. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

52. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

53. We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.

54. Orders must be placed by 1pm 36 hours before required delivery date. The delivery date of the order will be agreed on receipt of that order.  

55. We are able to take orders over the phone or in person, or by email, but not, currently, on-line. Please telephone Carol on 07837889463 or Sue 07757713750, or email orders@dartmooricecream.uk to place an order.

Inspection and Acceptance of Goods

56. You must inspect the Goods on delivery or collection.

57. If you identify any damages or shortages, you must inform us in writing within 2 days of delivery, providing details. Email: carol.bache@dartmooricecream.uk

58. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

59. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, replace, or refund the Goods or part of them.

60. We will be under no liability or further obligation in relation to the Goods if:

a) if you fail to provide notice as set above; and/or

b) you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

c) the defect arises because you did not follow our oral or written instructions about the storage, use and handling of the Goods; and/or

61. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

62. You bear the risk and cost of returning the Goods.

63. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day after delivery.  

64. We reserve the right to make alterations to our products for quality, business, safety or other reasons without notifying individual customers or businesses. We will, however, make ingredients lists available to buyers. 

65. Our products are designed to be stored at an optimum temperature of -18 degrees Centigrade, but can be served at -14 degrees centigrade.

66. No responsibility can be taken for goods that have not been stored at the correct temperature subsequent to delivery.

Payment

67. We will invoice you for the Price either:

a) on or at any time after delivery of the Goods; or

b) where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

68. The buyer must pay the Price within 7 days of the date of our invoice or otherwise according to any credit terms agreed between us.

69. The buyer must make payment even if delivery has not taken place because the buyer was not able to receive the Goods on order between the hours of 8am and 6pm. A delivery fee will be charged when The Dartmoor Ice Cream Company has to re deliver Goods that were not received on an initial delivery. 

70. If the buyer does not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

71. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Cancellation and Alteration

72. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

73. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.

74. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

Risk and title

75. The risk in the Goods will pass to you on completion of delivery.

76. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

77. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

Termination

78. We can terminate the sale of Goods under the Contract where:

a) you commit a material breach of your obligations under these Terms and Conditions;

b) you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

c) you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

d) you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Ingredients and Allergens

79. All our products are made in an environment that may have been exposed to nuts. Some of our ingredients fall under the allergens list and ALL these ingredients are listed on our website and on our individual tubs’ ingredients stickers in bold.

80. Most of our ‘chunks’ and ‘sauces’ are handmade. Some inclusions are bought in ready-made. Where this is the case, we list the ingredients.

Caution

81. Our 120mls tubs carry a small wooden spoon (paddle) inside the lid for your convenience, these are perfect for scooping out the ice cream from these smaller tubs, and as they are made of wood they are fully biodegradable. If the ice cream is too hard these spoons can sometimes snap or crack, therefore we advise that they should be used  with caution and avoid bending them too much.

Limitation of liability

82. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

83. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

84. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

85. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

86. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

a) any indirect, special or consequential loss, damage, costs, or expenses; and/or

b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

d) any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

e) any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

87. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Data Protection

88. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

89. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation ( GDPR ) as may be amended, extended and/or re-enacted from time to time.

90. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR .

91. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

92. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

93. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found The policy can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: carol.bache@dartmooricecream.uk

Circumstances beyond the control of either party

94. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

Images

95. All photos of ice cream on this website represent a suggested serving including additional fruit and inclusions that are not sold with the products. These photographs are designed to illustrate how one might eat our ice cream and do not represent the contents of our tubs.

96. The colours of our ice cream in promotional material may not be an exact representation of the product due to variations in print colours and design.

Disclaimer and Agreement 

97. By purchasing any of our products you agree to be bound by these terms and conditions and in doing so acknowledge that you fully understand everything that is laid out above.

No Waiver

98. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

99. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

100. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Terms & Conditions Last Updated November 2022