Terms of Sale

Contents

1. Important Information
2. Ordering our products
3. Delivery
4. Payment
5. Errors
6. Cancelling the contract
7. Problems with your order
8. Liability
9. General legal matters

1 . Important Information

• Who we are: In these Terms of Sale, references to "we”, “our” and “us" are to The Foodie Company Limited, a company incorporated in Scotland with registered number SC328891 and having its registered office at 24 Blacket Place, Edinburgh, EH9 1RL. Our VAT number is 921 2969 20

• The contract between you and us: These Terms Of Sale form all of the terms and conditions of the contract between you and us when you purchase Foodieboxes (or any other products) via this website and supersede any prior understandings or agreements..

• Special terms: No other terms or conditions will apply, except special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us.

• Changes by us: We may change these Terms Of Sale (and the content of our website pages, including prices, products and offers) at any time. You will be asked to read and accept the Terms of Sale each time you place an order, to ensure that you are familiar with the most current ones.

• Answers to your questions: If there is anything in these Terms of Sale which you do not understand or you have any other queries, comments or have a complaint, please contact us .

  2. Ordering our products

• Placing an order: Orders can be submitted by completing the online order form on our website and clicking on the "Add to Basket" button.

• No contract at this stage: When you place an order via this website, you are making a legally binding offer to us to purchase our products. No contract is created between us until that offer is formally accepted by us: nothing on this website is intended to mean that we are making a legally binding offer to you to provide products.

• Confirmation email: When you submit an order view this website, you will also be sent an email within 24 hours confirming the details of your order.

• Still no contract at this stage: The confirmation email simply confirm receipt of your order: neither of these constitute acceptance of your offer.

• Accepting your order (and forming a contract): Our contract with you is formed only when we have accepted your order by doing whichever of the following occurs first:

• Delivery: If we attempt to deliver the products you have ordered, the contract between you and us is formed on the date on which we attempt to deliver the products.

• Written acceptance: If, before attempting to deliver the products, we send you notice of our acceptance by email or by post, the contract between you and us is formed on the date shown on that notice of acceptance. (Please remember - this notice is not the same as the confirmation email we send to acknowledge receipt of an order.)

• Language: All contracts between you and us shall be concluded in the English language.

• Rejecting your order: It is entirely at our discretion to accept or reject any offer submitted by you.

• Conditions of acceptance: Orders are accepted subject to:

• authorisation of your payment card;

• availability of stock at the stated price; and

• confirmation that you have read and accepted these Terms of Sale by clicking on the "Terms & Conditions"" button.

• Rejection procedure: If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.

  3. Delivery

• Address: Products ordered via this website can only be delivered to addresses which are in the UK or Ireland (or are in other territories which our website expressly states we can deliver our products to), being the address provided by you when ordering the products.

• Signing for deliveries: All Foodie Boxes and other products ordered from us must be signed for on delivery.

• Delivery date: If we accept your offer to purchase our products, we shall use reasonable endeavours to deliver the Products you have ordered within the time period specified on our Delivery & Postage page .

• Working day: For the purposes of delivery, a “working day” is any day other than Saturday, Sunday and bank holidays in any part of the UK or Ireland.

• Alternative date: If we agree an alternative date with you, we will deliver your order by that date, provided that the alternative date is not merely declared to be an estimate.

• Delivery time: We can only deliver products to you during normal working hours. Please note that we are unable to specify the exact time or period in the day at which the products will be delivered to you.

• Delay: If we anticipate any delay in delivery, we shall endeavour to notify you of such delay as soon as possible. If we still cannot supply you with the products you have ordered within 30 days after we receive your order (or by any alternative date we have agreed with you), we shall endeavour to inform you and you shall have the option of either:

• Accept late delivery: accepting a later delivery date which we propose to you; or

• Cancelling your order: cancelling your order and accepting a refund of any prepayments which you have made.

If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within 7 days after the expected delivery date our contract with you shall be treated as cancelled in full.

• If you fail to accept delivery: If we try to deliver your order but you fail to accept delivery, we may also charge you for any consequential storage and redelivery costs reasonably incurred by us (but only if you don’t have a right to cancel the contract, as explained below.)

  4. Payment

• Payment method: Payment for products ordered from this website must be made in UK pounds sterling by credit or debit card. Payment is processed using the services of Worldpay and Streamline .

• Problems with payment: We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

• No contract at this stage: Our receipt of cleared funds does not constitute our acceptance of your order. Please see section 2 for details.

• Tax and currency: All prices on this website are quoted in UK pounds sterling and include VAT where applicable.

• Delivery charges: In addition to the price of products, delivery charges are also payable by you. The delivery charge (for orders in the UK or Ireland) will be that shown on the order form section of our website at the time you place your order.

  5. Errors

• Your choices if we make an error: If, prior to delivery to you, we discover an error in relation to the products you have ordered, we will let you know and give you the following options:

• Accept the revised order: You have the right to confirm your order, subject to the new description, price or delivery charge.

• Cancel your order: You can also choose to cancel your order and receive a full refund of any prepayments. If we are unable to contact you (or are otherwise unable to ascertain your preference) within 7 days after the expected delivery date, we will automatically do this.

• Correcting errors you have made: Errors in your offer must be corrected by you prior to your order being accepted by us. You can correct errors as follows:

• Before you submit your offer: by re-entering the relevant information in our online order form, using the ‘BACK’ button where required; or

• After you submit your offer: by contacting us by post or by email prior to acceptance by us of your offer.

  6. Cancelling the contract

• When WE are allowed to cancel: We may cancel your order (and our contract with you) in the following circumstances:

• Products not available: If we are reasonably unable to supply the products which you have ordered due to circumstances beyond our control, we will try to let you know as soon as possible and our contract with you will, insofar as it relates to products which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.

• Payment problems: If your payment does not clear, is not authorised or is not otherwise received by us within 7 days after we received your order, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.

• When YOU are allowed to cancel: If you change your mind about an order, in limited circumstances, you will have a right to cancel your order at any time before the expiry of the “cooling-off period”, which is a period of 7 working days after the date on which you receive the products you have ordered.

• Does not include perishable items: You do not have the right to cancel any order for products which include any perishable goods, such as fresh food. (Orders for some of our ‘Foodie Boxes’ therefore cannot be cancelled.)

• Does not include opened foodstuffs: You do not have the right to cancel any order for products which include any foodstuffs which you have opened, as by reason of their nature, we would be unable to re-sell such products.

• Cooling-off period is limited: You do not have the rights to cancel your order after the end of the cooling-off period (unless our products are faulty, defective or do not match their description). If we allow you to return unwanted products after the cooling-off period has ended, we may charge you for our reasonable handling costs.

• How to exercise your right to cancel: If you wish to cancel your order, you must do the following:

• Let us know immediately: You must notify us by delivering written notice to us by hand, by post, or by email before the end of the cooling-off period. If you have placed more than one current order, please specify clearly which order you wish to cancel.

• Return the products: You must arrange for the products you have received to be returned to us (at your own cost) within 7 working days from the date we receive notice of cancellation from you. (If you don’t do this, you will have to make the products available for collection by us and pay the direct cost to us of recovering the products from you.)

• Take care of our products: You must take reasonable care of products which are to be returned and you will be liable for any loss of or damage to these products if you fail to do this. Among other things, this means that you must do the following:

• Before they are returned, keep our products safe and secure;

• Ensure our products are adequately packaged for transit (please use the original protective packaging if still available); and

• Ensure the returned products are correctly addressed, bear adequate postage and are transported using a reputable carrier (so as to ensure that they are not lost or damaged in transit.)

• Refunds: If your order is cancelled, we will refund to you any monies paid (including the cost of delivering your order to you) within 30 days of notice of cancellation being given. We reserve the right to deduct from the monies being refunded our cost in recovering the products from you, if you fail to return them in accordance with these Terms of Sale.

  7. Problems with your order

• How to reject defective products: We try hard to make sure that our products are of the highest quality but if you wish to reject an order because you believe the products to be spoilt, damaged on delivery, incomplete or otherwise not in accordance with their description, then please note:

• Let us know immediately: You must inform us within a reasonable period of time that you want to reject the products.

• Allow us to collect them: You must make the rejected products available for collection by our courier at our request.

• Take care of our products: You must take reasonable care of products which are to be returned and you will be liable for any loss of or damage to these products if you fail to do this. Among other things, this means that you must do the following:

• Before they are returned, keep our products safe and secure; and

• Ensure our products are adequately packaged for transit (please use the original protective packaging if still available).

• Refund or replace: If the products are defective, we are usually able to offer a replacement or refund.

• What happens if you reject products which aren’t defective: If you reject products which are in every respect what you ordered (and assuming you are not otherwise entitled to cancel your contract with us) then we may charge you the direct cost incurred by us collecting, testing, storing and redelivering the rejected products.

  8. Liability

IMPORTANT: This section contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with products ordered via this website. It also requires you to compensate us for loss we suffer as a result of your failure to comply with these Terms of Sale.

• Personal injury & death: Nothing in these Terms of Sale is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.

• Foreseeable loss only: You and we shall only be liable to each other under these Terms of Sale for losses which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Terms of Sale for any other loss or damage, subject to the paragraph above.

• Circumstances beyond our control: We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms of Sale if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control.

• No implied guarantees: All warranties relating to products ordered via our website which are not expressly stated in these Terms of Sale are hereby excluded to the fullest extent permitted by law.

• Further limitations for business customers: Where our products are purchased for use in the course of a business:

• Not guaranteed to be ‘fit for purpose’: We do not accept liability for the fitness of goods for business purposes and we exclude (to the fullest extent permitted by law) those warranties and other implied terms relating to fitness for a particular purpose; and

• Liability capped: our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) products, shall be limited to the sum paid by you to us for the products which are the subject of the claim, save to the extent to which this provision would exclude or limit our liability for death or personal injury caused by an act or omission of ours.

• Your liability to us: You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, customers, officers, or employees, and arising as a result of breach by you of these Terms of Sale.

  9. General legal matters

• Understanding this contract: In these Terms of Sale:

• the headings are for convenience only and shall not affect the construction or interpretation of these Terms of Sale;

• the singular shall include the plural and vice versa;

• references to persons shall include bodies corporate, unincorporated associations and partnerships; and

• words importing the whole shall be treated as including a reference to any part.

• Transferring rights and responsibilities: We shall be entitled to transfer any of our rights and obligations under these Terms of Sale. You may not transfer your rights or obligations under these Terms of Sale without our written consent.

• Waiver and severability: If either you or we ignore any breach of these Terms of Sale, it does not mean that any further breach cannot be enforced. Likewise, if any part of these Terms of Sale turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

• Resolving disputes: These Terms of Sale shall be governed by and interpreted in accordance with Scots law. If either you or we want to raise court proceedings in relation to this contract, the proceedings should be raised in Scotland. You are responsible for compliance with any applicable laws outside the UK and Ireland.

We recommend that you print out a copy of these Terms Of Sale

for your future reference.