Terms & Conditions

Introduction

This web site is provided by The Foodies Larder Ltd (“The Foodies Larder”) a company registered in England & Wales under company number 8052849. Our Registered Office is The Old Bakery, High Street, Pitton, Salisbury, SP5 1DQ. We are also VAT Registered under the following registration number: 142 2670 36.

This Agreement contains the complete terms and conditions that apply to you in joining, subscribing, or buying from The Foodies Larder Ltd.

Your access to this site is conditional upon your acceptance and compliance with the Terms and Conditions as stated here. By browsing, or shopping from this web site, you agree to be bound by this agreement and to comply with the terms of use as outlined in this agreement. You should print a copy of this agreement for future reference. When prompted please be sure to tick the box marked “I have read and agree to the Privacy Policy and Terms and Conditions” if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to subscribe to our service.

The Foodies Larder reserves the right to revise the Terms of Use at any time so you should refer back to this page from time to time. The revised version will be effective at the time we post it. Your continued use of The Foodies Larder site and services following any update to this Agreement will be deemed acceptance of the updated Agreement.

Use of the Site

The Site allows you to purchase Foodies Hamper subscriptions online. By placing an order for a subscription on our Website, you warrant that:

a) You are legally capable of entering into binding contracts;

b) You are at least 18 years old; and

c) You are resident in the United Kingdom and Northern Ireland, as we do not accept orders from people outside these countries.

Our Service

To buy from our Website, you must provide your name and a valid email address and any other information needed in order to complete the signup process. The information that you provide to us will be processed by us in accordance with our Privacy Policy.

You are responsible for keeping your password secure and for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.

Price & Payment

The Foodies Larder has the sole discretion to define the terms of payment. Unless otherwise agreed, payment must first be received by The Foodies Larder prior to the latter’s acceptance of an order. Payments for all purchases and subscriptions will be handled by GoCardless who will collect money on behalf of The Foodies Larder via the Direct Debit infrastructure. Customers will be required to set-up a Direct Debit Instruction with GoCardless and as such, all payments are covered by the Direct Debit Guarantee and will be governed by GoCardless’s own Terms & Conditions. No other form of payment is currently accepted by The Foodies Larder. GoCardless will store your personal information in compliance with Data Protection Laws and The Foodies Larder will not itself hold any payment or customer banking details. The Foodies Larder has all the discretion to cancel or deny orders. Additionally The Foodies Larder is not responsible for pricing, typographical, or other errors in any offer by The Foodies Larder and reserves the right to cancel any orders arising from such errors.

Prices displayed on our subscription page include delivery costs however these prices are for addresses in mainland UK only. Unfortunately for non-mainland addresses we have to apply a surcharge of £6.00 per month. This includes places such as Northern Ireland, the Scilly Isles, the Isle of Wight, the Isle of Man and the Scottish Islands. You will receive a notice to this effect during the subscription sign-up process. Although we make every effort possible to check and confirm the delivery location during this time, The Foodies Larder reserves the right to contact you and revise the charge if an error is made at this stage.

Prices can change at any time, but any price changes will not affect orders for which confirmation has been made. Those people on a monthly subscription plan will receive at least 45 days notice of any intended price change.

Contract Formation

Following the successful processing of your Direct Debit Instruction we will acknowledge to you through the provision of an Order ID that we have received your order (“Order Acknowledgement”).

Terms of Supply

We warrant to you that:

a) Products ordered from us will be of satisfactory quality on the date on which they are sent to you;

b) To the extent that it is reasonable, ensure that you are satisfied with the products that you order. You will therefore need to bring to our attention as quickly as possible any aspect of the products that you are not reasonably satisfied with and we will explore with you available options; and

c) The products will be fit for the purpose for which those products are normally supplied and used.

Availability & Delivery

Orders placed on our Website will, unless there are exceptional circumstances otherwise, be fulfilled on a monthly basis according to the following premise:

a) For any person subscribed on the 1st of the month and providing payment is successfully collected from them on that day, the product will be sent around the 10th of that month. This will then arrive approximately 7 business days after the shipment date.

Risk

Products delivered to you will be at your risk from the time of delivery. All products will require a signature on delivery. You may request for the courier to leave your hamper in a location that you believe to be secure, but in this case you assume the risk involved and we will not be able to entertain claims for non-delivery.

Changes & Cancellations

The Foodies Larder reserves the right to cancel a Contract if there are any circumstances beyond our reasonable control.

Any person on a monthly subscription plan may cancel their contract with The Foodies Larder at any point prior to the 1st of a given month. Persons who have subscribed to one of our pre-paid plans will not be able to cancel their fixed period contracts except as per the Consumer Protection Distance Selling Regulations 2000. Accordingly you may cancel the contract between you and The Foodies Larder by giving notice within 7 working days, beginning on the day after you receive the product ordered by you.

For Pre-Pay plans, the product is considered to be the whole period of the plan. In which case the 7 day cooling-off period will be considered to apply following the first delivery in the plan. Please note however that you will not be entitled to cancel the contract for the supply of product if the product is perishable.

If you decide to cancel during this cooling-off period you must inform us in writing of your intention to cancel the contract. You must also return the product to us immediately, in the same condition in which you received that product and at your own cost and risk. You have a legal obligation to take reasonable care of the product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Any notice that you send with the intention of cancelling your contract must be clearly and correctly addressed to us at info@thefoodieslarder.com.

We will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund any money received from you using the same method originally used by you to pay for your purchase. This will not affect your statutory rights.

Website Links

We may provide links on our Website to the website of other companies, whether affiliated with us or not. If you click on a link that takes you to the website of other companies, you will be subject to the terms and conditions and privacy policy of the websites of those other companies. We cannot give any assurance or undertaking concerning: your use of the websites of other companies; any details that you submit on websites of other companies; or, any purchase that you make from the websites of other companies.

Liability

The Foodies Larder will only be responsible for direct losses suffered by you which were a foreseeable consequence of our failure to comply with the relevant provisions of the Contract or for damage to your tangible property resulting from a breach of our Terms of Supply as detailed in this Agreement.

We will not be responsible for any indirect losses including, but not limited, to:

a) Loss of income or revenue;
b) Loss of business;
c) Loss of anticipated savings;
d) Loss of profit;
e) Waste of time;
f) Loss of enjoyment.

We are not, limiting in any way liability for:

a) Death or injury caused by negligence;
b) Fraud or fraudulent misrepresentation; or
c) Any breach of any obligations implied by relevant statutes and law, the exclusion of which would be illegal.

Except for circumstances outlined above where we have indicated where we are not limiting our liability, our liability will be limited to the price paid by you in respect of products ordered in which we failed to comply with these Terms and Conditions. This is on the condition that you give notice at the earliest opportunity of any alleged failure to comply with the terms of the Contract and that you provide us with the opportunity to rectify any such allegation.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to The Foodies Larder at info@thefoodieslarder.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Third Parties

Our contractors, representatives, agents, employees and Suppliers may rely on the limitations set out in these Customer Terms and Conditions. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it at any time and without notice to you.

Feedback

If you provide feedback to us regarding our service (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

Waiver

The failure of The Foodies Larder to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by The Foodies Larder.

Governing Law

This Agreement is governed by and construed in accordance with English law. The supply to you of any products ordered on our Website will be governed by English law. Any dispute or claim arising in connection with the supply to you of any products will be subject to the exclusive jurisdiction of the English courts. If for any reason a court finds any provision or portion of this Agreement to be invalid, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.


If you have any questions about Terms and Conditions, please send us an email at info@thefoodieslarder.com.

 

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