TERMS & CONDITIONS – CHRISTMAS DINNER AT HOME WITH TOM KERRIDGE

1 – TERMS

1.1 What these terms cover. These are the terms and conditions which apply to the sale of Tom Kerridge Christmas Dinner at Home.

1.2 Why you should read them. Please read these terms carefully before you confirm and pay for your order. These terms tell you who we are, how we will provide ‘Christmas Dinner at Home with Tom Kerridge’ (the product) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions or queries relating to these terms them, please do not hesitate to contact us at christmasdinner@lushbytomkerridge.com

2 – INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Tom Kerridge Media Ltd, a company registered in England and Wales. Our company registration number is 08879110 and our registered office is at The Mill, Pury Hill Business Park, Alderton Road, Towcester, NN12 7LS. Our registered VAT number is 181215138

2.1 How to contact us. You can contact us by emailing us at christmasdinner@lushbytomkerridge.com

2.2 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 with your order.

2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3 – OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we confirm, via email, confirmation of your order, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this via email and will refund the cost for the goods. This might be because the goods are 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 goods or because we are unable to meet a delivery deadline.

3.3 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.

3.4 We are only able to deliver ‘Christmas Dinner at Home with Tom Kerridge’ to the following postcodes.

 

All of London postcodes

HP – Hemel Hempstead

OX – Oxford

RG – Reading

GU – Guildford

RH – Redhill

ME – Rochester

AL – St Albans

SL – Slough

NN – Northampton

PE – Peterborough

LE – Leicester

NG – Nottingham

DE – Derby

WS – Walsall

B – Birmingham

WV – Wolverhampton

DY – Dudley

WR – Worcester

CV – Coventry

HG – Harrogate

BD – Bradford

BB – Blackburn

PR – Preston

L – Liverpool

WN – Wigan

WA – Warrington

M – Manchester

S – Sheffield

WF – Wakefield

LS – Leeds

YO – York

HX – Halifax

OL – Oldham

BL – Bolton

SK – Stockport

 

3.5 If the delivery address is not included in the above postcode list, we are not able to deliver. An order for collection service is available directly from The Hand and Flowers, 126 West Street, Marlow, SL7 2BP on 24th December, between the hours of 9.00am – 11.30am. Failure to collect your box on the 24th December would result in a cancellation of the contract and you will not be entitled to a refund.

 

4 – TOM KERRIDGE’S CHRISTMAS DINNER AT HOME

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to be as accurate as possible, because they are food products and made by hand, all sizes, weights and colours indicated on our website are as approximations only unless we state otherwise.

4.2 Product packaging may vary. The packaging of our products may vary from that shown on images on our website.

4.3 We provide general information only.  We accept no liability for any loss, damage or injury arising as a result of the advice/recipes instructions provided to you.

4.4 Inspecting our goods. You are responsible for opening and inspecting the goods upon delivery and then storing them correctly as advised. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our goods.

4.5 We reserve the right to change suppliers at any time and without telling you, particularly if there are supply and delivery issues or shortages.

 

5 – YOUR RIGHTS TO CANCEL OR CHANGE YOUR ORDER

If you wish to change or cancel your order you must do this by 15th December at the latest. Please do this by emailing us on christmasdinner@lushbytomkerridge.com  If you cancel your order by 15th December we will refund the cost of your order and delivery.  If you cancel your order after this date, we are unable to offer you any refund.

If for any reason you wish to cancel your order you have 7 days from your order date to obtain a refund. If your order falls within 7 days of your delivery date, we are unable to offer a refund.

 

6 – OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the order. We may change the goods to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements. These changes will not affect your use of the goods.

6.2 More significant changes to the goods and these terms. In addition, we may make more significant changes to these terms or to the goods, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

 

7 – PROVIDING THE ORDER

7.1 Delivery costs. The cost of delivery is £30, we are only able to deliver to the postcodes listed in 3.4 above and as per detailed on our website.

7.2 When we will deliver the order. Your order will be delivered on 22nd or 23rd December (to be confirmed in your order confirmation), between the hours of 9.00am to 5.00pm.

7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control (this can include weather, vehicle breakdowns, traffic jams and other such events) then we will contact you as soon as practically possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by events outside of our control.

7.4 If you are not at home when the order is delivered.  If no one is available at your address to take delivery of the order, the delivery provider may follow the instructions you have given of where to leave the order in these circumstances. If the order requires a return to the delivery address this will be subject to an additional delivery charge of £35.

If you have contacted the delivery provider directly and made a ‘redelivery request’ so that the delivery provider delays the delivery of your goods, we are no longer liable for any changes to the condition of the goods, or any delay to the delivery. We accept no liability for the goods if a ‘redelivery request’ is made with the delivery provider directly.  

7.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we may end the contract and condition 10.2 will apply.

7.6 When you become responsible for and own the products. You own products once we have received payment in full. The goods will be your responsibility from the time we deliver the goods to the address you gave us in your initial order.

7.8 Reasons we may delay the supply of goods to you. We may have to delay the supply of goods to deal with technical problems or make minor technical changes, update the goods or packaging to reflect changes in relevant laws and regulatory requirements and/or make changes to the goods as requested by you or notified by us to you (see clause 6).

 

8 – YOUR RIGHTS TO END THE CONTRACT

8.1 Your rights to end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with your order and when you decide to end the contract:

8.1.1 If what you have bought is damaged you may have a legal right to end the contract (or to get the products replaced or to get some or all of your money back), see condition 11.

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see condition 8.2;

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

8.2.1 we have told you about an upcoming change to the order or these terms which you do not agree to (see condition 6.2);

8.2.2 we have told you about an error in the price or description of your order and you do not wish to proceed;

8.2.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control;

8.2.4 you have a legal right to end the contract because of something we have done wrong.

8.3  As products contain fresh and perishable food, you are not entitled to the “normal” right to change your mind within 14 days after the day you receive them (such right as set out in the Consumer Contracts Regulations 2013). One of the reasons for this is because the food is likely to have a best before date within only a few days of delivery of the goods.

 

9 – HOW TO END THE CONTRACT WITH US

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 Email. Email us on christmasdinner@lushbytomkerridge.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 How we will refund you. If a refund is due, we will refund you the price you paid for the order including delivery costs, by the method you used for payment.

9.7 When your refund will be made. We will make any refunds due to you as soon as practically possible.

 

10 – OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:

10.1.1 you do not, within a reasonable time, allow us to deliver the goods to you.

10.2 We may withdraw the goods. We may at any time withdraw certain goods for sale, and we will use our best efforts to ensure our website it up-to-date.

 

11 – IF THERE IS A PROBLEM WITH THE GOODS

11.1 How to tell us about problems. If you have any questions or complaints about your order, please contact us via email at christmasdinner@lushbytomkerridge.com

11.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See below for a summary of your key legal rights, nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods (refer to best before as this will impact on your rights) your legal rights entitle you to the following:

up to 30 days: if your item is damaged (rather than simply going out of date after delivery), then you can get a refund: if your damaged item can’t be replaced, then you’re entitled to a full refund, in most cases.

 

12 – PRICE AND PAYMENT

12.1 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.

12.2 When you must pay and how you must pay. We accept payment with all major credit and debit cards. Full payment, including delivery costs, will be taken as soon as the order has been placed. We will take payment via the phone and confirm your order details.

 

13- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We are not liable for business losses. We only supply for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

15 – HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1 How we will use your personal information. Please see our privacy policy for further details. We will use the personal information you provide to us:

15.1.1 to supply the order to you;

15.1.2 to process your payment for the order; and

15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

 

16 – OTHER IMPORTANT TERMS

16.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if this affects the delivery address or method.

16.2 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

16.3 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.

16.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.