Terms and conditions

YUMMY YUMMY YUMMY LTD

INFORMATION ABOUT US

These are the website terms and conditions of “YUMMY YUMMY YUMMY LTD” trading as “Yummy” in the UK.

We operate the website www.yummy.co.uk (the “Website”).

This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”) listed on our site. Please read these terms and conditions carefully before ordering any Products from our site and using our services. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions.

These Terms and Conditions were created on 22nd June 2020 and apply to sales to consumers.

If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.

You will be asked to tick the checkbox before you checkout to accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.

GEOGRAPHIC AREA OF COVERAGE

Our website is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland. Unfortunately we cannot accept orders for delivery at the following areas and postcodes;

AB10-16, 21-25, 30-56
BT1-9, 10-49, 51-58, 60-82, 92-94
DD6-11
EH35-46
FK14, 18-21
HS1-9
IM1-9, 99
IV1-28, 30-32, 36, 40-49, 51-56, 63
KA27-28
KW1-17
KY9-10, 14-16
PA20-38, 41-48, 60-78, 80
PH5-26, 30-44, 49-50
PO30-41
TD1-8, 10-14
TR21-25
ZE1-3

ONLINE ORDERING

By placing an order through our site, you warrant that:

  1. you are legally capable of entering into binding contracts.
  2. you are at least 18 years old.
  3. you are a resident in an area we deliver to.

ALCOHOL PRODUCTS

If you are a consumer, you may only purchase Product(s) from our site if you are at least 18 years old.

If you are buying any Product(s) as a gift the recipient must also be over 18 years old.

If our carriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the Product(s) is unable to produce appropriate ID, unfortunately our carrier will be unable to leave the Product(s) with you.

PURCHASE CONTRACT

All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an e-mail 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 Products. Subject to our cancellation rights, acceptance of your order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you.

OUR PRODUCTS

WEBSITE IMAGES

The images of Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website and food by its nature may vary in colour, quantity and size.

PACKAGING

The packaging of Products may also vary from as shown on our Website. You are responsible for opening and inspecting the Products upon delivery and storing them correctly.

PREPARATION OF FOOD

You are also responsible for the preparation and cooking of the Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of the Products.

ALLERGENS, INGREDIENTS AND LABELLING

Our website includes details of all allergens which may be contained within the Products. However, it is your responsibility for checking our suppliers packaging to ensure that a product does not contain a relevant allergen to you.

The Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly. Whilst we undertake checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.

AVAILABILITY
Products are subject to availability and seasonality. In the event of non-availability of any Products you order, we may offer a reasonable substitute. If you are not happy with any substitution, please contact us at [email protected]

CONSUMER RIGHTS

You may cancel an order upto until 12noon the following day that you placed your order.

If you wish to cancel your order as per our terms, please contact customer care at: [email protected] prior to 12 noon the day after your order was placed. You are not able to cancel your box if it is after this time.

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. This does not affect your right to cancel your subscription in line with the details set out above.

At this current time we cannot accept cancellations on flowers.

AVAILABILITY AND DELIVERY

For the purpose of these terms and conditions, delivery is defined as deliveries to all UK mainland addresses excluding areas as stated above.  If you have any questions regarding our delivery locations, please contact us at [email protected].

Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery. We reserve the right to deliver your box at any point on the day selected.

Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.

The leave safe 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.

The Yummy driver / courier company may try to contact you on the telephone so that delivery can take place. The delivery driver will use the telephone number associated with your account as you have provided.

Yummy’s obligation to deliver the box shall be fulfilled once the courier delivers the box at the safe spot specified by you.

If the personal handover of the box is not possible and no leave safe is available Yummy may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’. All nearby households and businesses are subsequently referred to as “neighbours”.

The customer will be notified of such delivery to a “neighbour” by a delivery card put through the letterbox.

If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance and full liability of that box is handed over to the customer once it has been “delivered” via personal handover, to a safe place, or to a neighbour as instructed.

Yummy will not attempt delivery the following day if unsuccessful due to the nature of the products it supplies. You are obliged to bear the cost of an undelivered box and no refunds will be accepted.

Yummy reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, if any action is taken this will be at our complete discretion.

RISK AND LIABILITY OF PRODUCE BOX

Once the delivery is completed, according to the preceding paragraph (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. Yummy shall not be held liable for any damage, defect or loss which may occur thereafter.

You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Yummy is not obliged to review the safe spot as to its general suitability.

Refusal of the box does not negate the charge for the Services. Yummy will not be liable for any losses sustained by the customer relating to a refusal of delivery by us, or our authorised courier company.

PRICE AND PAYMENT

The price of the Products and delivery charges will be as quoted on our Website when your order is placed, except for in cases of obvious error.

Product prices include VAT where applicable.

Product prices and delivery charges are liable to change at any time, but will not affect orders that have already been placed and processed.

Payment for all Products and Services must be by credit or debit card. We accept all major credit, debit cards and PayPal. Further details are set out in our privacy policy available on our Website.

Payment is processed as soon as your order is placed and you checkout, safely and securely.  

If payment for your order is unsuccessful the Product will not be dispatched, you will be contacted by one of the Yummy team to resolve the problem.

OUR REFUNDS POLICY

If you are unhappy with your box for a legitimate reason such as: the box was missing products, the box was damaged which has affected the contents or the box did not arrive, we will offer an appropriate refund / credit against the order, following seeing proof of the box issue, this will be at our complete discretion.

WARRANTY

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.

OUR 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.

1. Nothing in this agreement excludes or limits our liability for:
2. Death or personal injury caused by our negligence;
3. Fraud or fraudulent misrepresentation;
4. Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
5. Defective products under the Consumer Protection Act 1987; or
6. Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

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 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 that such communications be in writing. This condition does not affect your statutory rights.

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.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By using the Services you irrevocably authorise us to quote from your commentary on our Site and in any advertising or social media outlets which we may create or contribute to.

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 (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. Impossibility of the use of public or private telecommunications networks; and
6. 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.

WAIVER

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.

A waiver by us of any default will not constitute a waiver of any subsequent default.

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.

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.

ENTIRE AGREEMENT

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.

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.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time 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.

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).

LAW AND JURISDICTION

Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.