TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES TO THE CUSTOMER
Our Terms and Conditions for the Supply of Services by Us to You
1.1 What these terms cover
These are the terms and conditions which together with our Terms of Website Use, Privacy and Acceptable Use Policies and End User Licence Agreement (EULA) set out the terms (Terms) on which we (“HomeCooked UK”, “We”, “Us” “Our ) provide access to and use by you (“Customer”, “You”, “Your” ) of Our website situated at www.homecookeduk.com (Site) and mobile software application through which you access the Service (Application).
1.2 The Application provides the platform for You to communicate Your orders (Orders) for meals chosen by You on the menu on the Application (Meals) to be prepared by independent private cooks (Cooks) who are shown on the Application (Service)
1.3 The Meals are delivered to the address determined by You in the Application or picked up by You at the Cook’s registered address (Delivery and Pick Up).
1.4 We only market the Meals on behalf of the Cooks on the Application which allows You to then order Meals from them.
1.5 We are authorised by the Cooks to conclude the sales of Meals and collect payments on their behalf from You but the legal contract for the supply and purchase of the Meals is between You and the Cook.
1.6 Please read these terms carefully before you submit any Orders through the Application as any purchase of any Meals on the Application by You is subject to these Terms.
1.7 By using the Application to access the Services and in placing an Order You agree to be bound by the Terms. If You do not agree to these Terms You will not be able to use the Application.
1.8 By creating an account and placing an Order through the Application, You warrant that you are legally capable of entering into binding contracts and You are at least 18 years old.
1.9 We may amend these Terms from Time to Time and they are only available in the English Language. Please check each time You place an Order that you are certain which version of these Terms applies at that time. You should print a copy of these Terms.
2. Information About Us and How to Contact Us
2.1 Who We are. We are Foomerang Limited a company registered in England and Wales. Our company registration number is 10414813 and Our registered office is at 20-22 Wenlock Road, London, England N1 7GU. Our registered VAT number is 263861093.
2.2 How to contact Us. You can contact Us by telephoning Our Customer service team or by writing to Us at firstname.lastname@example.org
2.3 How We may contact you. If we have to contact you We will do so by telephone, SMS or by writing to You at the email 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. Use of the Application
3.1 The Application is made available free of charge (subject to You entering in the EULA).
3.2 Your use of the Application is subject to these Terms and in particular the End User Licence Agreement (EULA).
3.3 We do not guarantee that the Application, or any content on it, will be available at all times or be uninterrupted, error free or accurate.
3.4 We may suspend, withdraw, discontinue or change access to or all or any part of the Application or content on it without notice. We will not be liable to You if for any reason the Application is unavailable at any time or for any period.
3.5 You are responsible for making all arrangements necessary for You to have access to the Application.
4. Making an Order and Process of Orders
4.1 You must register and activate an account (Account) with us before you can place an Order through the Application. The Application will provide You with details of the process to place an Order with us.
4.2 Once You have selected the Meals You wish to order from the list displayed in the Application and provided all information which is required to complete Your Order, You will be given the option to submit Your Order by tapping the relevant button. It is important to take the time to read and check Your order before You submit it as once it is submitted, We will start processing Your Order and it will not be possible to correct any errors.
4.3 Upon receipt of an Order by Us, We will begin processing it by sending it to the relevant Cook. You will receive a notification from us via the Application, acknowledging that Your order has been received.
4.4 The Cooks may choose to reject an Order for any reason. We will notify You as soon as reasonably practical if Your Order is not accepted via the Application.
4.5 Our website is solely for the promotion of the App in the UK. Unfortunately, We do not accept orders from addresses outside the UK.
5. Changes, Cancellations and Refunds
5.1 Once You have submitted Your Order and Your payment has been authorised, You are not entitled to cancel, change or receive a refund for Your Order.
5.2 If for any reason the Cook is unable to fulfil Your Order, or Your Order is cancelled by Us, You will not be charged for the Order. You will receive a notification via the Application to confirm such rejection or cancellation.
6. Delivery and Pick Up
6.1 Estimated times for delivery and pick-up are only estimates. We will always try Our best to meet estimated delivery and pick-up times. We, the Cooks, or any party undertaking work on Our behalf, do not guarantee that the Orders will be delivered or ready for pick-up within the estimated time. However, We will inform You as soon as reasonably practicable if We become aware of an unexpected delay.
6.2 Delivery will take place as follows;
6.2.1 The Cook will deliver the Meals directly to You (personally or via a third-party delivery) to the address details provided by You on the Application when placing an Order for Meals; or
6.2.2 You will collect the Meals from the Cook at the address provided by the Cook shared by Us via the Application when the Order is placed by You; (Pick-Up Option)
6.2.3 We shall arrange a third-party delivery supplier to deliver the Meals to You using its delivery services. (each being the Delivery)
For the avoidance of doubt HomeCooked UK are not responsible or liable for the third-party delivery supplier or their agents or subcontractors or any Delivery.
6.3 If the Pick-Up Option has been chosen, then You must endeavour to collect Your purchased Meal within the agreed pick-up time. If You arrive to pick up Your meal outside the agreed times We cannot guarantee that You will receive Your food or a refund, if the food is no longer available or palatable.
6.4 When selecting the Pick-Up Option You agree to act courteously and accordingly at the Cooks premises. You agree to keep noise levels appropriate and not to use any language or actions that could be regarded as aggressive, abusive or disrespectful.
6.5 If the other delivery options are chosen by You, You agree to be bound by the terms and conditions of Our Delivery partner (copies of which are available on Our Site), or the Cooks relevant delivery partner as a condition of Your Order.
6.6 If you are not at home when the product is delivered and no one is available at Your address to take delivery you will not be entitled to a refund.
7. Price and Payment
7.1 The prices of the Meals will be as shown on the Application at the time You submit Your Order.
7.2 Prices for the Meals may change from time to time, but changes will not affect any Order you have already placed.
7.3 The price of the Meals includes VAT (where applicable) at the applicable current rate.
7.4 You can only pay for Orders using a debit card or credit card via the Application. The transaction will be processed by Us as an authorised agent of the Cook, and We will be shown as merchant of record on Your credit card or bank statement.
7.5 Payment for the Meals will be taken at the point of purchase once the Cook accepts the Order. Where Your payment is not authorised, We will notify You and request alternative payment details.
7.6 Any additional Delivery costs payable by You will be shown when you place an Order and collected by Us from You as part of the total payment.
7.7 The minimum Order value (including VAT where appropriate but excluding delivery) is £14 in London and £10 outside of London.
8. Customer Assistance
8.1 If You are not satisfied with the quality of a Meal or the Meal is not Delivered and You wish to request a refund, a proportionate price reduction or any other compensation, please contact Us via email within 48 hours of receiving Your Order, to lodge a complaint.
8.2 In the event that We are prepared to issue You with a refund, a proportionate price reduction, or any other compensation, We release the relevant amount to the balance of the credit or debit card used to pay for the Order. However, this may take between 3 to 5 working days (or longer, depending on Your bank or card issuer). You acknowledge and agree that neither We nor the relevant Cook will be responsible or liable to You in relation to this delay by Your bank or card issuer in the release of funds back into Your account.
9. Intellectual Property Rights
9.1 All rights in the Site and the Application with the exception of any Cooks Material shall be owned and retained by Us or Our Licensors. (HomeCooked UK Material)
9.2 The Cook retains all rights in their images, their website address, their videos, their name, their content posted on the Site or the Application, and their recipes (Cooks Material).
9.3 Your use of any of Our rights is only permitted in accordance with these Terms, the EULA, together with the Website Use, Acceptable Use and Privacy Policies.
9.4 You use of the Site, the Application or the Services does not grant You any ownership or licence or rights to the HomeCooked UK Material or the Cooks Material save as set out in this Agreement.
9.5 You licence Us to retain and use any content that You post on the Application or the Site.
10. Customer Ratings and Comments
You may rate the Cook and/or the Meal using the rating option or making comments on the Application but such content is subject at all times to Your compliance with Our Acceptable Use Policy and these Terms
11.1 Information about the Meals regarding descriptions, prices and heat and allergen warnings and other information in respect of the Meals is provided by the Cook and it is their responsibility to ensure that such information is accurate and up to date. We do not undertake any such responsibility. If You are in doubt about allergy warnings, the contents of a dish or any other information, please contact the relevant Cook via the Application before You place an Order.
11.2 The legal contract for the supply and purchase of the Meals is between You and the Cook who You place an Order with. We have no control over the acts or omissions of the Cooks. You acknowledge and accept the following by using the Application:
11.2.1 We do not give any undertaking or warranty that the Meals ordered from any Cook through the Application or any packaging will be of satisfactory quality or suitable for Your purpose and We exclude such warranties;
11.2.2 We do not give any undertaking or warranty and We are not responsible for the preparation, handling or cooking of the Meals or the selection of ingredients or packaging. We are not responsible for the quality of the Meals or any part of the Meals, the portion size, ingredients, heat or allergens or any complaint arising out of the perceived status of the Meals including but not limited to food poisoning. If You believe there has been a case of food poisoning You should report this directly to the Food Standards Agency.
11.2.3 We do not give any undertaking or warranty that the Meals will be free from any allergens;
12.2.4 Estimated times for delivery and pick-up are only estimates. We, the Cooks, or any party undertaking work on Our behalf, do not guarantee that the Orders will be delivered or available for pick-up within the estimated times;
11.2.5 We do not guarantee that the Cooks will accept all Orders and the Cooks have the discretion to reject Orders at any time.
11.3 The aforementioned disclaimers do not affect Your statutory rights against any Cook.
11.4 We do not give any representation, warranties or undertakings in relation to the Application, the Site and/or the Service or the Meals or Delivery. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
12.1 We reserve the right to decline any new registration or activate any Account, terminate Your right to use the Application with immediate effect, remove You as a user of the Application and/or suspend Your use of the Application, and delete Your Account if We believe in Our sole discretion that You have breached any of these Terms.
12.2 Upon termination or suspension in accordance with section 12.1 You must cease using the Application immediately
13. Our Responsibility for Loss or Damage Suffered By You and Limitation of Liability
13.1 Nothing in these Terms limits or excludes Our liability for:
13.1.1 death or personal injury caused by Our negligence;
13.1.2 fraud or fraudulent misrepresentation;
13.1.2 or any other liability which may not be excluded or limited by law.
13.2 Subject to section 13.1, We will under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Site, the Application or Service (including the use, inability to use the Application or the Site) or any services provided by Our Delivery suppliers, agents or subcontractors for:
13.2.1 use of, or inability to use, the Application or the Site;
13.2.2 use of or reliance on any content displayed on the Application or the Site;
13.2.3 any loss of profits, sales, business, or revenue;
13.2.4 loss or corruption of data, information or software;
13.2.5 loss of business opportunity;
13.2.6 loss of anticipated savings;
13.2.7 loss of goodwill; or
13.2.8 any indirect or consequential loss.
13.3 Subject to section 13.2, Our total liability to You in respect of all losses arising under or in connection with the Site, the Application and the Service or any Meals or Delivery, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of Your Order.
13.4 Subject to clause 13.1 you acknowledge and accept that We are not liable for any loss or damage arising out of or in connection with the Meals and that any such liability is the responsibility of the Cook.
14. How We May Use Your Personal Information
14.1.1 to permit You to access and use the Services and Delivery of the Meals;
14.1.2 to permit The Cook to prepare Your Order;
14.1.3 to process Your payment for the Services; and
14.1.4 if You agreed to this during the order process, to give you information about similar products that We provide, but You may stop receiving this at any time by contacting Us.
15. You must compensate Us
If you break the contract. We may charge you reasonable compensation for the net costs or any loss and damage We will incur as a result of Your breaking the contract.
16. Events Outside Our Control
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate the Contract by giving 14 days written notice to the affected party.
17. Other Important Terms
17.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these terms to another organisation.
17.2 You need Our consent to transfer Your rights to someone else
17.3 Nobody else has any rights under this contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase you but We continue to provide the Services, We can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings.