TERMS & CONDITIONS
Please read our terms and conditions.
The supplier of goods under your order is Mini Foodies, whose registered address is 12 Cold Blow Crescent, Bexley, Kent. Da5 2DS. . All communications are to made to email@example.com, or by post to 12 Cold Blow Crescent, Bexley, Kent. DA5 2DS.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) and Cassie Whitehouse-Rosegreen trading as Mini Foodies of 12 Cold Blow Crescent, Bexley, Kent, DA5 2DS with email address firstname.lastname@example.org
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation.
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour.
- In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
- No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis.
Price and Payment
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- Payment for Goods must be made at the time you submit your order. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We pride ourselves on our excellent customer service and are committed to providing accurate and speedy delivery. As well as having specified ‘Pick up Points’ we also use an independent, third party delivery service and whilst we have chosen them for their speed and care in handling frozen product, we cannot be held responsible for factors that are out of our control after pick up from our premises. We aim to dispatch your goods within 5 working days next of receipt of your order.
- Your order will be fulfilled by the delivery date set out in the Shipped Confirmation or, if no delivery date is specified, then within 30 days of the date of the Shipped Confirmation, unless there are exceptional circumstances.
- Delivery windows stated by Mini Foodies are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your box at any point on the day of delivery set out in the dispatch confirmation.
- Delivery will be completed when we, or our authorised company (the Courier), deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised company, will follow the delivery instructions provided to us by you. If no safe place instructions are specified, the order will be left in an area that the authorised company considers safe.
- The safe place location specified by you shall be within the area of the delivery address and shall be accessible to the Courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
- Our obligation to deliver the box shall be fulfilled once the Courier delivers the box at the safe place specified by you or the box is considered safe by the courier.
- If the personal handover of the box is not possible and no safe place is available Mini Foodies may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
- The customer will be notified of such delivery to a neighbour by delivery notice or via email.
- If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance unless an exemption according to paragraph 20 applies.
- Mini Foodies will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we are not obliged to pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- Please note our delivery lead times stated in the checkout procedure exclude all Bank Holidays and weekends.
- If you wish to change, amend or cancel your order please email email@example.com These changes are to be made two working days before your delivery day. Any changes made after this date may not be accepted.
Risk and Title
- Once the delivery is completed, according to the preceding paragraph (i.e. signed for by customer, left in a safe place as specified by the customer or considered safe by authorised company, or delivered to a neighbour if no safe place is provided or available) the risk of any damage or loss of the box will be with the customer. Mini Foodies shall not be held liable for any damage, defect or loss which may occur thereafter. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- You are fully responsible for any damages or losses due to any ambiguity regarding the safe place specified by you. Mini Foodies is not obliged to review the safe place as to its general suitability.
- Refusal of the box does not negate the charge; Mini Foodies will not be liable for any losses sustained by the customer relating to a refusal of delivery by a Courier.
We do not deliver to the following postcodes:
Scottish Highlands – AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH19-26, PH30-41, PH49-50
Scottish Islands – HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3
Northern Ireland – BT1-BT94
Jersey – JE1-JE5
Guernsey – GY1-GY10
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have imitated if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for its purpose for which you buy the Goods which, before the Contract is made, you have made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event
- We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- Subject to clause 47, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products, and shall not be liable for any consequential losses.
- Nothing in this agreement excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- Defective products under the Consumer Protection Act 1987; or
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- The law governed by England and Wales requires 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 e-mail 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 and that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to MINI FOODIES at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing a one-off delivery order, or in any of the ways specified in clause 48 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 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 during the term of the Contract.
- Mini Foodies is committed to selling only high-quality products that we are confident you will love. If for any reason you are not happy with any items, please photograph the product and contact us at email@example.com within 14 days of purchase of your items. It is at our discretion to issue a refund for any items.