Our terms of use of the website

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE

What's in these terms?

These terms sets out the standards that apply when you use our site, link to our site, or interact with our site in any other way.

Who we are and how to contact us

www.homedeliverygrocery.co.uk and www.homedeliverygrocery.com is a site operated by Kedar DTC UK Limited ("We").  We are registered in England and Wales under company number 12236935 and our registered office is at Drayton Court Drayton Road, Shirley, Solihull, United Kingdom, B90 4NG.Our VAT number is GB 346 0340 27.

We are a limited company.

To contact us, please

Call us on: 0333 0090944 (Monday - Friday  0800-1800) or;

email us: customercare@homedeliverygrocery.co.uk or;

write to us:

Customer care, Home Delivery Grocery
PO Box 145
Birmingham
B24 8WR

 

By using our site you accept these terms

By using our site, you confirm that you accept these terms and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

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 our site:

  • Our Privacy Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.
  • Our Terms of Sale

We may make changes to these terms

We amend these terms and our terms of sale and other policies from time to time.  Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We do not intend our site to be for business use. We reserve the right to lawfully restrict use of the site, including where we choose, to suspend access to the site and to user accounts.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

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. You must not disclose it to any third party. You will be liable for all orders placed using your user identification and password.

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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customercare@homedeliverygrocery.co.uk or telephone 0333 0090944 (Monday - Friday  0800-1800).

 

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

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

If you become a contributor to our site, you own the intellectual property in that contribution and you are personally responsible for the accuracy of what you write. Facts should be double-checked and opinions must be honestly held. Moral rights in your contributions are  voluntarily waived but you may be contacted about your content by us, or others.

 

We may remove any contributions entirely at our discretion.

 

Do not rely on information on this site

The content on our 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 our site.

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

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

We do not guarantee that our site is available or shall remain available for the duration of your visit or transaction.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our 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 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 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 site will cease immediately.

 

Prohibited uses

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

  • In a way that is false, inaccurate, or misleading; or
  • To promote or market your own or others’ products, when you have been paid or otherwise compensated to make such a statement; or
  • To publish content that has been copied from anyone else, or infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or
  • To publish references to other websites or any contact information (e.g. email addresses or phone numbers) of individuals or businesses; or
  • 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 bully, insult, intimidate or humiliate any person.
  • To make overt religious or political statements intended to proselytise, lobby, canvass or incite others.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). Repeated duplicate postings by the same user will be considered spam, whether commercial or otherwise intended.
  • 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.

You also agree:

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

 

Breach

When we consider that a breach of our terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (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.

Which country's laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.

1   These terms

1.1             What these terms cover. These are the terms and conditions on which we supply products to you. The products we supply are goods.

1.2             Why you should read them. Please read these terms carefully before you submit your order to us. These terms 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, please contact us to discuss. We may amend these terms from time to time, so please check regularly the terms of sale that apply to your order.

  1. 2.                Information about us and how to contact us

2.1             Who we are. We are Home Delivery Grocery UK, a trading name of Kedar DTC UK Limited, a company registered in England and Wales. Our company registration number is 12236935 and our registered office is at Drayton Court Drayton Road, Shirley, Solihull, United Kingdom, B90 4NG.

2.2             How to contact us. You can contact us by telephoning our customer service team, please call us on: 0333 0090944 (Monday - Friday  0800-1800)
or; email us: customercare@homedeliverygrocery.co.uk or; 

write to us:

Customer care, Home Delivery Grocery
PO Box 145
Birmingham 
B24 8WR

2.3             How we may contact you. If we have to contact you we will do so 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.

  1. 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             Minimum order value. We shall not accept any order of less than £20.00 value. This is necessary to cover the costs of administration of the website and the servicing of the order (such as picking and packing.) 

3.3             Discounts. Any offer of a discount, will be applied during the check-out process. The discount percentage will be applied to the price stated on the site. Discounts do not apply to delivery, postage and handling charges. The minimum order value is applied after a discount is applied.

3.4             If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because the item does not satisfy our quality control standards, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.5             Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.6             We only sell to mainland UK. Our website is solely for the promotion of our products on mainland UK. Unfortunately, we do not accept orders for addresses outside mainland UK.

3.7             We only sell to adults. Our website is solely for the promotion of our products to persons over 18 years old. Products may not be suitable for persons under 18 years old.

  1. 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 in images on our website.

  1. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

  1. Our rights to make changes

6.1             Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements for example where food-labelling requirements have changed.

6.2             More significant changes to the products and these terms. We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

  1. Providing the products

7.1             Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2             Combining orders. We are unable to combine orders once they are processed. Please take care to ensure that your basket contains all the goods you require. Additional orders will incur additional delivery charges and will be subject to the minimum order requirements.

7.3             When we will provide the products. During the order process we will let you know when we will provide the products to you.

7.3.1        If the products are goods on a one-off order basis, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you with an estimated delivery date which will be within 7 days after the day on which we accept your order. Please note that during the current Covid-19 crisis, the circumstances of delivery are beyond our reasonable control and the provisions of clause 7.3 apply.

7.3.2        If the products are ongoing subscription to receive goods, We will supply the goods to you until the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.4             We are not responsible for delays outside our control. 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. Provided we do this we will not be liable for delays caused by the event, 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. Please note that during the current Covid-19 crisis, it is taking us longer than usual to process orders. By making an order at this time, you accept that delivery times are unpredictable and delays are likely. If a delay is too long for you, you may contact us to end the contract and receive a refund for any products you have paid for and will arrive later than is acceptable to you.

7.5             Delivery address. Delivery will be made to the main entrance only of the address specified when you place the order.

7.6             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, our carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.7             If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, your goods will be returned to us. We will then 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 10.2 will apply.

7.8             When you become responsible for the goods. A product which is goods will be your responsibility, from the time we deliver the product to the address you gave us or you (or a carrier organised by you), collect it from us.

7.9             When you own goods. You own a product which is goods once we have received payment in full.

7.10          What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, name, email and delivery address. If so, this will have been stated in the checkout process for the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.11          Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.11.1      deal with technical problems or make minor technical changes;

7.11.2      update the product to reflect changes in relevant laws and regulatory requirements;

7.11.3      make changes to the product as requested by you or notified by us to you (see clause 6).

7.12          Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it.

7.13          We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

 8               Your rights to end the contract

8.1             You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;

8.1.2        If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3        If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];

8.1.4        In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2             Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1        we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

8.2.2        we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3        there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4        we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

8.2.5        you have a legal right to end the contract because of something we have done wrong.

8.3             Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

8.4             When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

8.4.1        perishable food items;

8.4.2        products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

8.4.3        any products which become mixed inseparably with other items after their delivery.

8.5             How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. For non-perishable Goods (for example, tins and packets with long shelf lives) you have 14 days after the day you (or someone you nominate) receives the goods.

8.6             Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. How to end the contract with us (including if you have changed your mind)

9.1             Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

Phone or email. Call customer services on 0333 0090944 (Monday - Friday  0800-1800) or email us at customercare@homedeliverygrocery.co.uk  as soon as possible. The order shall be fulfilled promptly and your prompt action will enable us to stop an unnecessary delivery. Please provide your name, home address, details of the order and, where available, your phone number and email address.

 

9.2             Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Customer care, Home Delivery Grocery, PO Box 145, Birmingham, B24 8WR,  or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0333 0090944 (Monday - Friday  0800-1800) or email us at customercare@homedeliverygrocery.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3             When we will pay the costs of return. We will pay the costs of return:

9.3.1        if the products are faulty or misdescribed;

9.3.2        if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4             How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5             Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1        We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our returns page for information about what handling is acceptable. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2        The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6             When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.6.1        Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

9.6.2        In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

  1. Our rights to end the contract

10.1          We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1      you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;

10.1.2      you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address

10.1.3      you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

10.2          You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3          We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

  1. If there is a problem with the product

11.1          How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0333 0090944 (Monday - Friday  0800-1800) or email us at customercare@homedeliverygrocery.co.uk or write to us at Customer Care, Home Delivery Grocery, PO Box 145, Birmingham, B24 8WR

11.2          Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

 

11.3          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, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0333 0090944 (Monday - Friday  0800-1800) or email us at customercare@homedeliverygrocery.co.uk for a return label or to arrange collection.

  1. Price and payment

12.1          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. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2          We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3          When you must pay and how you must pay. We accept payment by Visa, Mastercard, Maestro and Visa Debit. We don't currently accept Visa Electron cards, Diners Club cards and American Express. We may enable credit card payments using third party payment service providers such as Shopify payments or Worldpay. Your card provider may perform checks or additional security. These checks are beyond our control or knowledge and we cannot influence them. You must pay for the products before we dispatch them and you should ensure the expiry date of your payment card is after the anticipated despatch date of the order, which is usually the day following your order. If your card provider declines the payment, you will need to provide an alternative form of payment. We will not charge your credit or debit card until we dispatch the products to you.

12.4          We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4 % a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.5          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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

  1. Our responsibility for loss or damage suffered by you

13.1          We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract but we are not responsible for any loss or damage that is not foreseeable. 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.

13.2          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 as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987

13.3          Handling packages. We shall pack your goods carefully and in a way designed to reduce the likelihood of harm or injury, such as limiting the mass of a package to that which is safe. However, the Goods can be both heavy and bulky and you are required to take care when lifting and handling the packages. Where you have taken a lack of care for your own safety, we reserve the right to defend claims for personal injury on this basis.   Please see our advice on good handling techniques here.

13.4          We provide nutritional and dietary information for convenience only. Nutritional and dietary meta-data is searchable to enable you to find products that may meet your needs. However, products are supplied on an “as is” basis and we do not guarantee that the meta-data is accurate. It is your responsibility to check food labels and adequately assess whether the products are suitable for your needs and/or whether they may present a risk to your health. Please be aware that foods that do not contain a specified allergen may still have been produced under conditions where an allergen may be present. Whilst we hope the search function will make it easier and less time-consuming for you to find foods that meet your needs, we are not qualified to express an opinion whether products are suitable for any particular dietary requirements or regime.

13.5          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.

  1. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our privacy policy.

  1. Other important terms

15.1          We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 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.

15.5 Even if we delay in enforcing this 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, or if we delay in taking steps against you in respect of your breaking this 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.

15.6 Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

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