Terms of Service for our recipe box, holiday box and online deli delivery service
1 These terms and conditions (Ts & Cs) (and the other documents referred to in here) govern the relationship between you and Born & Bred Limited when you sign up for our subscription service (Subscription Service) and/or order any of the meal kits or other products (Products) listed on our website at www.wearebornandbred.co.uk (Website). These Ts & Cs set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website. Any reference to “you” or “your”, means you as a customer of our Products and/or as a user of our Website. Any reference to “we”, “us”, “our” or “Born & Bred” is to Born & Bred Limited. Please read these Ts & Cs carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be legally bound by these terms and conditions. We will not file or store a copy of these Ts & Cs for each transaction made via the Website. You should print a copy of these Ts & Cs for future reference. Please understand that you agree to accept these Ts & Cs by ordering any Products from our Website.
Information about us
2 We are Born & Bred Limited, a company registered in England and Wales under company number 09604396 and with our registered office at 15 Mowbray Place, Sowerby, Thirsk, North Yorkshire YO7 1RF and we operate the Website.
3.1 By placing an order through our Website, you confirm that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
3.2 If you do not comply with any of the conditions above in condition 3.1 you are not entitled to purchase Products from our Website.
Our Subscription Service
4.1 We offer a Subscription Service and when you sign up to order Products through our Subscription Service, you are signing up for a rolling monthly contract which can be cancelled at any time. See condition 7.2 for further information regarding how deliveries and payments will be dealt with in the event you decide to cancel your account.
4.2 Subscription holiday: If you are going away for a while or just don’t fancy our Products for a month or two, you may pause your subscription for an unlimited period of time and we will freeze your payments for any such period. Do remember that you can cancel your subscription at any time. See condition 7.2 for further information regarding how deliveries and payments will be dealt with in the event that you pause or cancel your account.
4.3 Meal selection: It is your obligation to select which Products you would like for the next order and the delivery date. If you fail to make a selection, we will select the Products for you and select the delivery date. If we cannot provide you with the Products you have ordered we will try our best to contact you in order for you to select an alternative Product. If we cannot get hold of you, we reserve the right to substitute your meal choice for an alternative or not to deliver to you.
5.1 The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers and other devices can display colours differently and food itself varies in colour and size. The packaging of the Products may also vary from that shown in images on our Website.
5.2 Any weights of the Products are approximations only unless we state otherwise.
5.3 Whilst we will provide general advice, recipes and instructions relating to our Products, any advice, recipes and instructions provided by Born & Bred relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice, recipes or instructions provided to you on our Website or in conjunction with any of our Products.
5.4 You are responsible for opening and inspecting the Products upon delivery and then storing them correctly (for example, in the fridge). You are also responsible for the preparation and cooking 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.
5.5 If you have an allergy, you are responsible for checking our allergens insert to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us on 01845 526858 or firstname.lastname@example.org. 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.
5.6 If we are unable to supply you with a Product, for example, because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in condition 10.3, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5.7 We will try our best to supply exactly what you have ordered, including the correct type and weight of ingredient, but we reserve the right to substitute such ingredients that we may not be able to practically and reasonably obtain with similar ingredients. If you are not happy with any substitution, please contact us in accordance with condition 7.6 below, but note that we have the absolute discretion in deciding if you are entitled to a refund (we will act reasonably in making such decision).
5.8 Our Website and marketing materials contain information about our supplier family. We reserve the right to change suppliers at any time and without telling you, particularly if there are supply and delivery issues or shortages.
How the Contract is formed between you and us
6.1 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 Order Confirmation 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 a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Delivery Confirmation”). The contract between us for the purchase of our Products (“Contract”) will only be formed when we send you the Delivery Confirmation. We are not under any obligation to accept an order from you.
6.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Delivery Confirmation. 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 Delivery Confirmation.
Your consumer right of return and refund
7.1 As our Products contain fresh and perishable food, you are not entitled to the “normal” 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.
7.2 Your cancellation rights are:
7.2.1 right to pause or cancel your Subscription Service – You may pause your subscription for an unlimited period of time or cancel the whole subscription at any time if you wish. We collect payments from subscriber accounts automatically by direct debit on or around the 1st of every month and unless you notify us (please contact us on 01845 526858 or email@example.com or write to us at 15 Mowbray Place, Sowerby, Thirsk, North Yorkshire YO7 1RF) your recipe box will be delivered as usual for the delivery cycle in which you pause or cancel. If you do not wish to receive this recipe box you must notify us no later than before midnight on Thursday before the week of delivery and we will not deliver your recipe box for that delivery cycle and we will be able to provide you with a refund as soon as possible; and
7.2.2 if you have not signed up to our Subscription Service and have ordered Products for delivery and then change your mind or decide for any reason that you do not want to receive a Product, you can notify us (please contact us on 01845 526858 or firstname.lastname@example.org or write to us at 15 Mowbray Place, Sowerby, Thirsk, North Yorkshire YO7 1RF) of your decision and cancel your order at least two business days before the delivery date and we will send you a refund as soon as possible.
7.3 Right of return and refund if the Product is defective or not as described: Because you are a consumer, we are under a legal duty to supply Products that conform with the contract between us. 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).
We will arrange collection of such defective or misdescribed Product or we will ask you to safely dispose of such Product and if we agree that it is defective or misdescribed (acting reasonably) we will offer you a refund of the price of the Product in full, together with any reasonable associated refund. The maximum refund for delivery costs will be by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
We will refund you within 14 days after the day on which (whichever is the earlier of):
- the day we receive the Product back from you;
- the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
- the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to dispose of the Product safely.
We try our best to ensure that our Products are perfect 100% of time, but this is not always possible. In the event of a minor error (for example, failing to include one ingredient which is not the main ingredient, or substituting a red pepper for a yellow pepper) we reserve the right to use our discretion as to whether a full refund is applicable or not.
We will refund you by the method used by you to pay.
7.4 Your legal rights: Advice about your legal right to cancel the contract between us is available from your local Citizens’ Advice Bureau or Trading Standards office. Your legal rights are not affected by your right of return and refund in this condition 7 or anything else in these Ts & Cs.
7.5 How to contact us: If you wish to cancel a contract and/or return a Product to us for any of the reasons set out above, you just need to let us know within the applicable timeframe. The easiest way to do this is to complete and send us the cancellation form at the end of this document, e-mail us at email@example.com or contact us by telephone on 01845 526858 or by post to Born & Bred Limited, 15 Mowbray Place, Sowerby, Thirsk, North Yorkshire YO7 1RF. If you are e-mailing us or writing to us please include details of your order to help us to identify it (and photographic evidence if returning a Product).
8.1 We will confirm when your Products should arrive in the Order Confirmation.
8.2 If you order a recipe box that is not a holiday box (see condition 8.3 regarding holiday boxes), we will deliver on the selected date of order, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 18).
8.3 If you order a Product from our online deli, we will deliver it within three business days following the date of order, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 18).
8.4 If you order a holiday box, we will deliver it on the delivery date you have chosen provided it is no earlier than five business days following the date of order, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 18).
8.5 In the event we deliver to the Scottish Highlands and Northern Ireland, please note that delivery may take 1 day longer and delivery charges may be higher.
8.6 It is your responsibility to ensure that you have given us the correct delivery address.
8.7 We will do our best to comply with any special delivery instructions you provide to us regarding your order. Some of our deliveries are undertaken by third party courier or postal services and we cannot guarantee the third party courier or postal services provider will comply with any special delivery instructions.
8.8 If you are not in when we deliver your Products, we may try again the day after and/or leave your Products at an appropriate location nearby. If your Products are left outside of your property and they are stolen or damaged, we do not accept any liability, but may offer you a refund or other compensation at our complete discretion.
Risk and title
9.1 The Products will be at your risk on completion of delivery.
9.2 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.
Price and payment
10.1 The price of the Products and any delivery charges will be as quoted on our Website from time to time, except in cases of obvious error. Product prices include VAT.
10.2 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 an Order Confirmation.
10.3 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.
10.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Delivery Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
10.5 Payment for all Products must be by credit or debit card and we require payment before we despatch the Products. We use WooCommerce’s payment partner ‘Stripe’ to carry out and process your payments.
Promo codes and gift cards
11.1 You may use a promo code or gift card if it has been issued or authorised by us for our Products. You may not be able to use both a promo code and a gift card for the same order and you may only be able to use them once.
11.2 The following promo codes may be used once per household: BB50; W2Y50; DY50; GFC50. We reserve the right to reject any orders and issue a refund if, acting in our sole discretion, we suspect any breach of this condition 11.2.
11.3 Promo 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 promo 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.
11.4 We may apply maximum limits to the value of gift cards and the amount you can claim a promo code on.
11.5 We reserve the right to cancel promo codes at any time. We also reserve the right to reject promo codes and gift cards if we suspect any fraud.
11.6 We will not accept liability if promo codes or gift cards are lost, stolen or damaged.
Warranty (our promises)
12.1 Subject to the disclaimers set out in condition 12.3, we promise to you that any Product purchased from us through our Website 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.
12.2 The Products we sell have been designed 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, unless delivery is within the EEA and common EEA Consumer Protection and Safety rules apply.
12.3 We shall have no liability under the warranty set out at condition 12.1 to the extent that any damage or defect results from:
12.3.1 a modification or alteration of the Products by anyone other than us;
12.3.2 your or any third party’s use of the Products in a manner contrary to the instructions given to you by us;
12.3.3 fair wear and tear, wilful damage, abnormal storage (i.e. not in a fridge) or working conditions, accident, negligence by you or by any third party; or
12.3.4 any failure to use reasonable skill and 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.
13.1 Nothing in these terms and conditions shall:
13.1.1 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);
13.1.2 exclude or limit our liability for death or personal injury resulting from our negligence;
13.1.3 exclude or limit our liability for fraud or fraudulent misrepresentation;
13.1.4 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);
13.1.5 exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
13.1.6 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.
13.2 Subject to condition 13.1, 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 13.3, 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.
13.3 Subject to condition 13.1, 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 13.3 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 13.3.
14 We take care to handle your personal data in accordance with applicable law. Please see our privacy and cookies policy for more information.
15 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.
16 All notices given by you to us must be given to Born & Bred 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 an order, or in any of the ways specified in condition 15. 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.
Transfer of rights and obligations
17.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
17.2 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.
17.3 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.
Events outside our control
18.1 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).
18.2 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.
18.3 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.
19.1 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.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 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 in accordance with condition 17.
20 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.
21.1 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.
21.2 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.
21.3 Nothing in this condition 21 limits or excludes any liability for fraud.
Our right to vary these terms and conditions
22.1 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.
22.2 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.
22.3 Subject to condition 22.2, 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).
Law and jurisdiction
23.1 Any dispute or claim arising out of or in connection with these terms and conditions will be governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.
23.2 These terms and conditions are effective from 24 August 2017.
24 You may return this cancellation form by email or post
To: Born & Bred Limited, 15 Mowbray Place, Sowerby, Thirsk, North Yorkshire YO7 1RF
If you choose not to manage your subscription through your online account (by clicking on My Account on the home page).
I/We hereby give notice that I/we cancel my/our contract of sale of the following product(s):
- [INSERT DETAILS OF PRODUCT[S]].
- Ordered on / Received on: [INSERT DATE]
- Name of customer(s): [INSERT NAME]
- Address of customer(s): [INSERT ADDRESS]
- Signature of customer(s)………………….. (if you are sending this form by post)
- Date: [INSERT DATE]
TERMS OF WEBSITE USE
25.1 Using our Website
www.wearebornandbred.co.uk is maintained for your personal use.
You agree to use this Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party.
We aim to update our Website regularly, and may change the content at any time.
25.2 Linking to and from www.wearebornandbred.co.uk
We welcome and encourage other websites to link to the information that is hosted on these pages, and you don’t have to ask permission to link to www.wearebornandbred.co.uk.
However, we don’t give you permission to suggest that your website is associated with or endorsed by www.wearebornandbred.co.uk
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
While we make every effort to keep www.wearebornandbred.co.uk up to date, we don’t provide any guarantees, conditions or warranties as to the accuracy of the information on the Website.
We don’t accept liability for loss or damage incurred by users of the Website, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with our Website, its use, the inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it. This includes loss of:
- Income or revenue
- Profits or contracts
- Anticipated savings
- Tangible property
- Wasted management or office time
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
25.4 Information about you and your visits to www.wearebornandbred.co.uk
We process information about you in accordance with our privacy & cookies policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
25.5 Virus protection
We make every effort to check and test material at all stages of production, however you must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
We can’t accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from our Website.
25.6 Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
25.7 Law and jurisdiction
Any dispute or claim arising out of or in connection with these terms and conditions will be governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.
These terms and conditions are effective from 24 August 2017.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.