TERMS OF USE
BACKGROUND:
These terms of sale, together with all the other documents referred to herein, explains the terms and conditions under which our food products and meals are sold by us to consumers, through the Pickadeli Food Co Ltd website. Please read though them carefully and ensure that you understand them, as when you order products form our website or subscribe to our services, you agree to be bound by these terms and conditions. These terms of sale, and any and all contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”
means a contract for the purchase and sale of Food Products, as explained in Clause 8;
“Food Products”
means the products sold by Us through Our Site;
“Order”
means your order for Food Products;
“Order Confirmation”
means our acceptance and confirmation of your Order;
“Order Number”
means the reference number for your Order; and
“We/Us/Our”
Means Pickadeli Food Co, a limited company registered in England under 11234993, whose registered address is 203 West Street, Fareham, PO16 OEN, and whose main trading address is The Granary, 1 Waverley Lane, Farnham, Surrey, GU9 8BB
2. Information About Us
2.1 Our Site, Pickadelifood.com, is owned and operated by Pickadeli Food Co, a limited company registered in England under 11234993 whose registered address is 203 West Street, Fareham, PO16 OEN and whose main trading address is The Granary, 1 Waverley Lane, Farnham, Surrey, GU9 8BB.
2.2 We are regulated by Waverley Borough Council Environmental Health.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
Consumers may only purchase Food Products through Our Site if they are at 16 years of age.
5. Business Customers
These Terms of Sale apply to customers purchasing Food Products in the course of business.
6. Limited area of sale
Please note that We only sell to customers in Berkshire, Hampshire, Surrey, SW London in the United Kingdom. Any other locations within the UK will be at our discrection.
7. Food Products, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Food Products available from Us correspond to the actual Food Products that you will receive. Please note, however, the following:
7.1.1 Images of Food Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Food Products may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether. Please refer to Clause 11 if you receive incorrect Food Products (i.e. Food Products that are not as described).
7.3.1 Our Gluten Free food is prepared in a protected atmosphere. Our Vegan food is carefully produced to ensure that it is entirely Vegan friendly. All allergens are clearly marked on our packaging, and where menus are stated allergens are also specified on the website. However, any of the following, which may cause allergies or intolerances might be present in our food, as our food products are prepared in the same environment:
7.3.1 Milk or lactose;
7.3.2 Eggs;
7.3.3 Peanuts;
7.3.4 Other nuts;
7.3.5 Celery;
7.3.6 Mustard;
7.3.7 Sesame seeds;
7.3.8 Soya or soybeans;
7.3.9 Fish.
7.3.10 Lupin
7.3.11 Molluscs
7.3.12 Sulphites
7.4 We cannot guarantee that all Food Products will always be available.
7.5 Minor changes may be made to certain Food Products between your Order being placed and Us processing that Order and dispatching the Food Products, for example to reflect changes in relevant laws and regulatory requirements. Any such changes will not normally affect your use or enjoyment of those Food Products. However, if any change is made that would affect your use or enjoyment of the Food Products, suitable information will be provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every 2 months. Changes in price will not affect any order that you have already placed.
7.7 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment
7.8 Delivery will be at no cost to the Customer unless advised by us at time of you placing your order.
8 Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order (by way of an emailed order confirmation) and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Food Products ordered including full details of the main characteristics of those Food Products;
8.4.3 Place and estimated time of delivery, with special instructions included from Customer
8.4.4 Your subscription details and its duration
9 Payment
9.1 Payment for Food Products must always be made either in advance to within 7 days of delivery. Your chosen payment method will not be charged until We dispatch your Food Products.
9.2 We accept payment via BACS and all major credit/debit cards, VISA, AMEX, MASTERCARD, MAESTRO
10 Delivery, Risk and Ownership
10.1 All Food Products purchased through Our Site will be delivered within 8 days of our order confirmation, unless otherwise agreed or specified during the order process (subject to delays caused by events outside of Our control, see Clause 14.
10.2 If We are unable to deliver the Food Products on the delivery date, the following will apply:
If no one is available at your delivery address to receive the Food Products and the Food Products cannot be posted through your letterbox [or left in a safe place nominated by you], We will send a text message explaining that we are unable to deliver, you will have the opportunity to contact us within the hour, and we will try to assist you, however if we are not able to deliver as the van has left the area, you will not be refunded and you will be advised to update the delivery instructions on the website under your login details.
In the unlikely event that We fail to deliver the Food Products due to our own errors, we will refund you for that specific meal value,.We may choose to refuse to continue to deliver to you if delivery persists to be a problem.
10.3 The responsibility for the Food Products will pass to you once We have delivered the Food Products to the address [including, where relevant, any alternative address] you have provided.
10.6 Ownership of the Food Products passes to you once we have received payment in full of all sums due.
10.4 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Food Products [unless you specifically request that We make a refund using a different method].
10.5 In some limited circumstances We may need to suspend the delivery of the Food Products to you for one or more of the following reasons:
10.5.1 to adjust taste or ingredients to perfect our Food Products;
10.5.2 to update our Food Products to comply with relevant changes in the law or other regulatory requirements;
10.5.3 to make more significant changes to the Food Products on our menu.
10.6 If we need to suspend delivery of the Food Products for any of the reasons set out in sub clause 10.8, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Goods, in which case We will inform you as soon as reasonably possible after suspension). No payment will be taken from you if the delivery is suspended. If the suspension lasts for more than 7 days you may end the Contract as described below in sub clause 13.2
11 Problems with the Food Products
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
11.2 If any Food Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect Food Products, please contact Us at sales@pickadelifoodco.com or on 01252 755 333 as soon as reasonably possible [and in any event within 24 hours] to inform Us of the problem, and to arrange for a refund or replacement.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Food Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Food Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Food Products to Us under this Clause 11 merely because you have changed your mind. Please refer to Clause 12 for more details
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
12 Cancellations
12.1 You may cancel an Order (and receive a full refund of any sums already paid) for 24 hours after you have placed it. No cancellations will be able to be made once 24 hours is complete from when you placed the order. Orders cannot be cancelled [after this time or] once they have been dispatched.
12.2 To contact Us directly to cancel, please use the following details:
Telephone: 01252 755 333
Email: sales@pickadelifoodco.com
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 We may ask you tell us why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that, due to the perishable nature of the Food Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel after receiving Food Products if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.
12.5 Any refunds due under this Clause 12 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
12.6 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Food Products.
13 Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply products for private use by business consumers. We make no warranty or representation that the Food Products are fit for commercial, business or industrial resale of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14 Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of God, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Food Products as necessary;
14.2.5 If the event outside of Our control continues for more than 7 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control occurs [and continues for more than 7 days] and you wish to cancel the Contract as a result, contact Us directly to cancel, please use the following details:
Telephone: 01252 755 333
Email: sales@pickadelifoodco.com
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
15 Communication and Contact Details
15.1.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01252 755 333, by email at sales@pickadelifoodco.com.
15.1.2 For matters relating to the Food Products or your Order, please contact Us by telephone at 01252 755 333, by email at sales@pickadelifoodco.com.
15.1.3 For matters relating to cancellations, please contact Us by telephone at 01252 755 333, by email at sales@pickadelifoodco, or refer to the relevant Clauses above.
16 Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in writing, email us at sales@pickadelifoodco.com, stating your name, order number and contact details and we will contact you.
17 How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy.
18 Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.
19 Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England.