TERMS & CONDITIONS
OUR TERMS AND CONDITIONS OF SALE (ONLINE)
We are delighted that you want to place an order. For the benefit of us both and for clarity, set out below are the terms and conditions on which we will supply our products to you.
These terms and conditions were updated April 2020.
In these terms the following definitions and references apply:
The contract between us for the purchase of our Products, which will only be formed when we send you the Dispatch Confirmation
Confirmation by us to you that the products orderedhave been accepted and dispatched
Products or Goods
Products or goods purchased through our online store
includes emails. When we use the words "writing" or "written" in these terms, this includes emails
You or your
means you as a customer of our products sold through our online store
1. These terms
1.1 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.
1.2 Keep a copy. We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.
1.3 Acceptance. Please tick the accept box if you accept these terms and conditions. Please note that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
2. Information about us and how to contact us
2.1 Who we are. We are “SCRATCH MEALS” or also known as “SCRATCH”, the trading names of SCRATCH MEALS LTD, a company registered in England and Wales. Our company details are:
Humber Seafood Institute
Origin Way, Europarc
North East Lincolnshire
GB 980 7115 14
2.2 How to contact us. You can contact us by telephoning us on 01472 268144 or by writing to us by email at email@example.com or by letter addressed to Scratch Meals Ltd, Humber Seafood Institute, Origin Way, Grimsby, North East Lincolnshire DN37 9TZ, England.
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.
3. Our contract with you
3.1 Registration. By signing up to our website and purchasing products from Scratch Meals, you are agreeing to the terms and conditions of sale, which apply to all transactions on our online. Signing up to the service means we must have the following information:
(a) Your address, including the postcode of the billing address associated with the payment card.
(b) Your home telephone number.
(c) Your email address, so we can supply you with important information such as your order confirmation and changes to our service.
3.2 Placing an order. Please take time to read and check your order at each page of the order process. After placing an order for our Products, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an Dispatch Confirmation by email that confirms that your order has been accepted.
3.3 How we will confirm your order. On receipt of your order, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that the email from us acknowledging the order does not constitute acceptance of the order by us.
3.4 The Contract. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. The Contract will relate only to those Products whose dispatch we have confirmed. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation. The Contract between us will only be formed when we send you the DispatchConfirmation. Please note that we are not under any obligation to accept an order from you.
3.5 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 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.
3.6 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.
3.7 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3.8 Your status. By placing an order through our Website, you confirm that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3.9 Not for resale. We only sell goods on our website to the consumer, as the end user. The Products should not, in any way, be resold without our prior written consent.
4. Our products
4.1 Products may vary slightly from their pictures. We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. 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.
4.3 Inspection and storage. You are responsible for inspecting the products upon delivery and then storing them correctly (for example, in the fridge or freezer depending on the product purchased). You are also completely responsible for the preparation, including heating or cooking if applicable, of our products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our products.
4.4 Allergy. If you have an allergy, you are responsible for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us on 01472 268144 or by email using firstname.lastname@example.org. All of the packaging for our Products is labelled to show any allergen advice, but please note that our Products may contain allergens including cereals containing gluten (wheat, rye, barley and oats), crustaceans, eggs, fish, peanuts, soybeans, milk, lactose, nuts, celery, mustard, sesame, sulphur dioxide and sulphites, lupin and molluscs. All Products are packed in a facility that handles nuts. Any severe allergy sufferers should contact us before placing an order.
5. Your Rights
5.1 Fresh and perishable products. As our Products contain fresh and perishable food, you are not entitled to the usual right to return goods within 14 days after the day you receive them, simply if you change your mind. This is because the food is likely to have a best before date within only a few days of delivery of the Products. For more information, please go to https://www.gov.uk/online-and-distance-selling-for-businesses.
5.2 Right of return. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are defective or not as described. If the Products we deliver to you are defective or are not as described on our Website, you should contact us and report such defect or misdescription as soon as possible. We ask that this is within 3 days from delivery of the Products and if possible, we ask that you send us a photograph as evidence of the defective or misdescribed Product – this will assist in processing your refund quickly.
5.3 Right to cancel. Orders can be cancelled any time up until the moment that they are dispatched. This is normally around 9 am on the day before you are expecting delivery. If we agree to cancel your order, we will not charge you for it. A specimen cancellation form is set out in schedule 1 for your convenience.
5.4 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 cancel the order.
5.5 Refund Policy. If you are unsatisfied with any of the items in your order or any part of the delivery service from Scratch Meals please contact us - either by by telephoning 01472 268144 or by emailing us using the address email@example.com. If you would like to make a comment or recommendation regarding our food, then please email us. As we sell perishable goods, we ask that you - the customer - inspect the food once you have opened the box. If you are unhappy with the goods, please contact us immediately by telephoning on 01472 268144 or by email using firstname.lastname@example.org. We shall be happy to exchange or refund any item you feel does not our quality standards, or any item that has been damaged in transit. If we have sent you an incorrect item, please notify us as soon as possible. If you would like us to replace the incorrect item with the item that you ordered, we shall send you the correct one as soon as possible. Naturally we shall not charge you for incorrect item. We operate an open and honest policy at Scratch Meals and will work our hardest to make sure we can accommodate and act on any problems or suggestions.
6.1 Delivery Confirmation. We will confirm if we can deliver to you and if we can your estimated delivery date, in the Dispatch Confirmation.
6.2 Home Delivery. We use a third-party carrier to delivery all items purchased from our online store. If no special instructions are added during the delivery details screen of the order process, as the customer you are agreeing to sign for the delivery. No boxes shall be returned to the depot; they shall be left at the delivery address and chargeable to you, the customer. We reserve the right to restrict deliveries in certain areas and this includes the right to withdraw the service altogether, depending on the demand on our kitchen.
6.3 Delivery instructions. It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions. Special requirements shall be followed, but please make sure that they are deemed reasonable e.g. instructions to knock at a neighbour’s house should mean it is within short walking distance of your property and does not involve the courier travelling any further. Please note that due to circumstances beyond our control such as weather and traffic conditions we may not always be able to deliver by a time specified. We shall attempt to contact you prior to the driver leaving a failed delivery, because we are keen to make sure that the service works for you, but we can't guarantee we shall be able to get hold of you.
6.4 Cost of delivery. The costs of delivery will be as displayed to you on our website.
7. Price and payment
7.1 Quoted Prices. The price of goods charged shall be as quoted on the web site at the time you confirm your order with us. Excluding any inadvertent technical error on pricing, we will honour any prices as published at the time of placing your order. Your payment card shall only be charged for items dispatched to you. Due to differing product promotions the prices displayed on the website may vary to prices in retail stores and independent outlets selling our meals. All of our food products are zero-rated for VAT. Our minimum order level for free delivery is £35.00 for deliveries in Great Britain (excluding adjacent island, Isle of Man and the Channel Islands). Prices of goods do not include the delivery charge, unless stated otherwise.
7.2 Price variation. Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 Mistakes. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
7.4 Invoicing error. If you think an invoice is wrong please contact us promptly to let us know.
7.5 Payment details. We do not hold your payment details from any previous orders. Therefore, every purchase using our online store shall require new payment details entered.
8. Discounts and promotions
8.1 You may use a discount code if it has been issued or authorised by us for our Products. You are only be able to use them once per household.
8.2 Discount codes and gift cards may only be applied to future orders and cannot be exchanged or refunded for cash. Please check if there are time limits to the discount codes and gift cards as you may only have a limited period to use them. No change or credit will be given for unused portions of a gift card.
8.3 We may apply maximum limits to the value of gift cards and the amount you can claim a discount code on.
8.4 We reserve the right to cancel discount codes at any time. We also reserve the right to reject discount codes and gift cards if we suspect any fraud.
8.5 We will not accept liability if discount codes or gift cards are lost, stolen or damaged.
9. Our promise to you
9.1 Our undertaking. Subject to the specific disclaimers set out in these terms, we promise to you that any Product purchased from us through our online store will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied at the time of delivery.
9.2 Compliance. The Products we sell have been developed and prepared to comply with the statutory legal requirements and relevant health and safety standards of the United Kingdom. We can therefore make no representation or warranty that any Product is compliant with health, safety or other legal requirements which apply outside the United Kingdom.
9.3 Exclusion of liability. We shall have no liability under our promise to the extent that any damage or defect results from:
(a) a modification or alteration of the Products by anyone other than us;
(b) your or any third party's use of the Products in a manner contrary to the instructions given to you by us;
(c) wilful damage or abnormal storage (i.e. not in a fridge or freezer as may be applicable) or expiry of its best before date, accident, negligence by you or by any third party; or
(d) any failure to use reasonable care in using (i.e. preparing and eating) the Products and/or failure to use the Products legally and/or for the purposes for which such Products are intended to be used.
10. Our liability
10.1 Nothing in these terms and conditions shall:
(a) restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen's Advice Bureau);
(b) exclude or limit our liability for death or personal injury resulting from our negligence;
(c) exclude or limit our liability for fraud or fraudulent misrepresentation;
(d) exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this relates to legal title / ownership);
(e) exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
(f) exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.2 Subject to condition 10.1, 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, subject to condition 10.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a Contract.
10.3 Subject to condition 10.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this condition 10.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this condition 10.3.
11. Events outside our control
11.1 No liability for events outside our control. 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 our reasonable control ("Event Outside Our Control").
11.2 Matters or events outside of our control. An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (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 / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Consequence of events outside of our control. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13.1 Risk and title. The Products will be at your risk on completion of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges. You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. We are not nor is our authorised courier company obliged to review the safe spot as to its general suitability. Refusal of the box does not negate the charge for the Product or delivery service. We will not be liable for any losses sustained by you relating to a refusal of delivery by our authorised courier company.
13.2 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.
13.3 Notices. All notices given by you to us must be given to Scratch Meals at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in above. Notice will be deemed received and properly served immediately when posted on our website, 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.
13.4 Privacy. We take care to handle your personal data in accordance with applicable law. Please see our privacy and cookies policy for more information.
13.5 Severability. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entire agreement
14.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
14.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
14.3 Nothing in this condition limits or excludes any liability for fraud.
15. Our right to vary these terms and conditions
15.1 We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
15.2 If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will not be effective unless you expressly notify us of your agreement to them.
15.3 Subject to condition 23.2, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
16. Law and jurisdiction.
English Law. Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts will be subject to the non-exclusive jurisdiction of the courts of England.