Terms & Conditions

Introduction

Welcome to the Delicious Delivered terms and conditions (“Terms and Conditions”) which apply between you, as user of this website www.deliciousdelivered.co.uk, and Delicious Delivered Limited, a company incorporated in Scotland whose registered office is at 1 Erskine House, 1 North Avenue, Clydebank, Dunbartonshire, G81 2DR (registered with company number SC686746 trading as “Delicious Delivered” (“we” or “us”).

Please read these Terms and Conditions carefully, as they affect your legal rights. By using this website, you agree to be bound by these Terms and Conditions in return for which we will provide you with access to the website. If you do not agree to be bound by these Terms and Conditions you should stop using the website immediately. We may change these Terms and Conditions by posting the revised version on our website at any time. Please check our website from time to time as you will be bound by the revised version.

We cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on this website. We have no responsibility for content provided by third parties and are only providing access to such content to you. We have no obligation to verify the content of such information. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

We may suspend, withdraw, discontinue or change all or any part of this website without notice. We do not guarantee that the website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the website is unavailable at any time or for any period. Your access to this website may occasionally be restricted to allow for repairs, essential maintenance or improvements to the website. We do not guarantee that the website, or any content on it, will be free from errors or omissions. If a fault occurs in the service, please report it to our customer service team and we will correct the fault as soon as we reasonably can.

Acceptable Use

You must not use the website in any way which is harmful, unlawful, illegal, harassing, abusive, threatening or in breach of any applicable law or regulation.

You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the website.

You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.

You shall not breach or attempt to breach the security of this website.

When dealing with us you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.

You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of these Terms and Conditions.

Content

This website and all text, materials, code, software, videos, music, sound, graphics, photographs, audio, artwork, names, logos, marks, formats, files, devices and links (together the "Content") are the property of Delicious Delivered Limited or are licensed to us. By continuing to use this website you acknowledge that such Content is protected by copyright, trademarks and intellectual property rights and you accept that while you are allowed to view any part of this website, the Content must not be used, copied or reproduced (in whole or part) for any other purpose. Furthermore, any links to this site must be notified to and approved by us before they are created.

Limitation of Liability

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 other losses that you suffer as a result of our failure to comply which are a direct and foreseeable consequence of such failure.

Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

To the maximum extent permitted by law, we accept no liability for: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; or (c) any special, indirect or consequential loss or damage.

Privacy Statement

You acknowledge and agree that we may process your personal data and payment data in accordance with the terms of our privacy and cookies policy which is on our website and subject to change from time to time.

Third Party Websites

We may link to third party websites which may be of interest to you and/or include third party advertising on our website and/or use third party-provided services on our website. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.

General

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that right or remedy.

If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable then the remaining provisions will not be affected.

These Terms and Conditions are governed by the laws of Scotland.

Registration

You will need to register with us to order. You will also need to enter certain details during the "checkout" process. You must ensure that the details provided by you on registration or at any time are correct. You must inform us immediately of any changes to the information that you provided us when registering by updating your personal details, so we can communicate effectively with you.

To register with Delicious Delivered Limited you must be over 18 years of age.

Following your successful registration of an account, we will email confirmation of your account to you and recommend that you print or save this email for your records. We also recommend that you print or save these Terms and Conditions for your future reference.

During the registration process, you will be asked to create a password. This password must be kept confidential to you and must not be disclosed or shared with anyone as you will be responsible for all orders that are submitted under your password.

We may suspend or cancel your registration at any time for any reasonable purpose (for example if you no longer live in our delivery locations or there is a breach of security on your account) or if you breach these Terms and Conditions. You may cancel your registration at any time by informing our customer service team in writing subject to the timescales in clause 13.

Payment

All payments under this Agreement are processed by direct debit via GoCardless Limited (a company registered under number 07495895 and authorised by the Financial Conduct Authority under the Payment Services Regulations 2017, under registration number 597190) (“GoCardless”) on our behalf. We do not hold or have access to your credit card or other account details which are held by GoCardless who is considered the Data Controller, who will hold and process your payment data in accordance with their privacy policy. Further information can be accessed by visiting https://gocardless.com/privacy/payers/

You will receive notification of your mandate being set up with details of how to manage your payments. Once subscribed you will be advised of the date of your first delivery. As it takes 7 days for your direct debit to be set up, payment will be taken the day prior to your scheduled delivery date.

The subscription plan to our services consists of recurring period charges as agreed to by you. The subscription plan will be available on a weekly basis which can be selected by you on the website.

By entering into this contract, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to deactivation.

If payment has been rejected for whatever reason, we reserve the right to suspend deliveries to you and/or terminate our agreement with you. In this event you agree to compensate us in full against any and all reasonable costs and expenses (including legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.

Orders

You may submit orders for our products by using our online ordering facility on the website at any time after you have created an account. You will be provided with the type of box you have subscribed for each week but there will be additional products and packs available for purchase. Each additional product or pack for which you click ‘Add to Delivery’ is added to a 'shopping basket' facility. You can change these or cancel the purchase of each of the products or packs completely at this stage, at any time before clicking ‘Checkout'. After you have clicked 'Checkout' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered.

After placing an order, you will receive an email from us acknowledging that we have received your order and a contract for the sale of our products arises on the acceptance of your order.

When we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute and we may issue a credit towards your next order. We will, however, bear no liability for the unavailability of products.

The price that we charge you for the products will be the price stated by us on the website prior to you clicking the 'Checkout' button.

The minimum weekly spend by you is £12 for the benefit of the subscription service, and the initial minimum term is three weeks.

All prices for products are inclusive of any applicable VAT.

Delivery

We will deliver to the address specified by you when you place your order with us. We reserve the right not to deliver to all locations which will be confirmed through the postcode delivery checker on our website.

Delivery is made by our delivery carrier. We will do our best to deliver your order in accordance with your booked delivery date. However, we cannot always guarantee this due to factors beyond our reasonable control and we will try to contact you as soon as we are able to in order to reschedule your delivery date.

We may request that the person taking delivery of your order provides us with identification to help us confirm they have your authorization to accept delivery of your order. This may include asking to see an item of your photographic identification (such as a passport or driving license).

If nobody is at home when we attempt delivery, we will leave the product in the safe place designated to us by you, if your safe place is not accessible to us we shall endeavor to leave your box with a neighbour, contact you via customer service to request a new safe place or leave the box at a location we deem acceptable.  If no acceptable safe place can be found then we shall return the goods to the depot and contact you to rearrange delivery for the next day.  If this second delivery attempt fails for the same reasons as the first we will not return goods to the depot, they will be donated to a local food bank/charity and no refund will be issued.  We will not be responsible for any losses you may incur as a result of any damage to products or theft of the product including tampering, contamination or the result of any change in temperature.

If we are unable to deliver to you or have to deliver late, for reasons beyond our control, for example, adverse weather conditions, strike actions, vehicle breakdown, traffic congestion, or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will reimburse any charge for products we have not delivered or been able to come to an agreement for redelivery attempt to you.

You are responsible for the product once it is delivered to the address or safe place specified in your order or collected by you from an agreed third-party location (as applicable).

Products

Our products consist of boxes of fruit and vegetables which are Class 1 produce. The contents of the boxes are not pre-selected and are seasonal produce that may change on a weekly basis. The mix of fruit and vegetables in each box may change depending on the availability of produce at the time of the order but we will always carefully select the products for each box to match seasonal quality. However should you be dissatisfied with any product you receive from us, please contact our customer service team.

The images of products and packaging on our website are for illustrative purposes only. Although we have made every effort to display the colors and appearances of products accurately, we cannot guarantee that a computer, tablet, or mobile device screen will accurately reflect actual products delivered as devices may vary slightly.

You must inspect the products as soon as possible after delivery and notify us within 7 days of any defects affecting any of the products by contacting our customer service team. If possible we ask that you send us a photograph as evidence of the defective product as this will assist us in processing any credit that may be due. We try our best to ensure our products are perfect at all times but in the event of a minor error, we reserve the right to use our discretion as to the amount of any refund or credit.

You understand and accept that some of our suppliers may handle certain allergens and as such, there is a risk of contamination from celery, celeriac, and all other allergens. You understand that sometimes last-minute product changes and packaging errors are possible so it is your responsibility to check your product box on delivery, especially if any member of your household has allergies.

You understand that you have to wash your fruit and vegetables well before eating.

Cancellation

As our products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly.

You have a right to cancel your subscription with us at any time from the date you subscribe to us provided we receive notice of cancellation 14 days prior to your final delivery date.  All deliveries within this 14-day period will be charged and delivered as previously agreed.

If you wish to cancel a specific order, pause your subscription, or make a change to your subscription then we require notice no less than 7 working days before the dispatch of your next order.

If you do wish to exercise this right to cancel, you must contact our customer service team at enquiries@deliciousdelivered.co.uk within the timescales above.

Your legal rights

Please note that nothing in these Terms and Conditions affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).

Modern Slavery

We have a zero-tolerance approach to modern slavery and human trafficking and are fully committed to acting with integrity and ethically in all business relationships. We recognise responsibility as a business to ensure that there is no business involvement directly in modern slavery through our own operations. We deploy systems and controls in order to prevent modern slavery from presenting itself anywhere within the business. As part of our contracting process we evaluate suppliers to ensure there is no use of forced, compulsory or trafficked labour, the usage of any workforce of any gender, age or religion that is held in slavery or servitude.

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FAQ

To contact us about your subscription, account details or anything else

0333 335 5444

(or)

enquiries@deliciousdelivered.co.uk

How would you like to pause the subscription?

Please note, payments that have already been created from this subscription will still be collected.

If you resume now the next charge date will be 16 August 2022.

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