Terms & Conditions

This page (and the documents referred to on it) tells you about us and the legal terms and conditions (Terms) on which we sell any of the food and/or drink products (Products) listed on our website (our site).

 

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully, as by ordering any of our Products, you agree to be bound by them and the other documents expressly referred to in them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

 

You should print a copy of these Terms for future reference. We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

 

1. INFORMATION ABOUT US

 

1.1 We operate the website [www.thekidzlunchco.co.uk]. We are KidzLunchCo Limited, a company registered in England under company number 07832184 with our registered office at Unit K1, 7-11 Minerva Rd, NW10 6HJ. Our main trading address is at Unit K1, 7-11 Minerva Rd, NW10 6HJ. [We are not currently registered for VAT].

 

1.2 Our contact details are as follows: [ info@thekidzlunchco.co.uk 0788 987 4567 / 0203 573 7114].

 

2. OUR PRODUCTS

 

2.1 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

 

2.2 This Agreement shall come into force on the Start Date of your contract application being signed and received, and will continue until terminated on your end date or by special request for early termination (You will need to give 3 months’ notice to cancel a contract after 14 days of signing up to the service, subject to 8) or any reason under any part of 21 or 22.

 

2.3 The images of the Products on our site are for illustrative purposes only. The packaging of the Products may vary from that shown on images on our site.

 

2.4 Where we deliver using reusable thermoboxes, we reserve the right to charge a fee where these are not returned to us.

 

3. USE OF OUR SITE

 

3.1 We only use your personal information in accordance our Privacy Policy [http://www.thekidzlunchco.co.uk/privacy-policy], which includes important terms which apply to you.

 

3.2 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

 

3.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

3.4 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

 

3.5 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.

 

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

4.1 When you wish to place an order on our site, our order process allows you to check and amend any errors before submitting your order to us.

 

4.2 After you place an order, we will confirm our acceptance to you by sending you an email (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

 

4.3 If we are unable to supply you with a Product, perhaps because it is out of stock, no longer available or it is incorrectly priced on our site, we will inform you of this by email 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. OUR RIGHT TO VARY THESE TERMS

 

5.1 We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

 

5.2 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

6. YOUR CONSUMER RIGHT OF RETURN AND REFUND

 

6.1 If you are a consumer, you generally have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during certain prescribed periods. Please note, however, that this cancellation right does not apply in the case of perishable goods, such as food or drink.

 

6.2 As a consumer, however, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

6.3 If you have exercised your right to return the Products to us if they are faulty or mis-described, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you using the same payment method used by you to pay.

 

6.4 Any other returns of Products which are not faulty or not as described, or any cancellations of an order for which you have already received an Order Confirmation, shall be in our sole discretion. We may, however, be prepared to accept order cancellations notified to us no later than 07.00 am on the scheduled date of delivery, depending on the circumstances. If we accept such a cancellation, we shall offer a refund or a credit note at our option.

 

7. DELIVERY

 

7.1 Your order will usually be fulfilled by the estimated delivery date and time set out in the Order Confirmation. If, however, we are unable to meet the estimated delivery date or time because of an Event Outside Our Control (as defined in clause 10.1), we will contact you with a revised estimated delivery date and time. Delivery will be completed when we deliver the Products to the address you gave us.

 

7.2 If no one is available at your required address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

 

7.3 The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.

 

7.4 Unfortunately, we do not delivery to addresses outside the following areas [BRENT, LONDON] and we only accept order placed within the UK.

 

8. PRICE OF PRODUCTS AND DELIVERY

 

8.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that Product prices are correct at the time when the relevant information was entered onto the system.

 

8.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

 

8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. The price of a Product [DOES] include delivery charges. Our delivery charges are as quoted on our site from time to time.

 

8.4 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

8.5 You can only pay for Products using cash on delivery or PayPal. Payment for the Products and any applicable delivery charges is in advance. If you have not paid on or before delivery we may refuse to deliver the Products.

 

8.6 Where you ask us to deliver to a third party's premises, such as a school, it is your responsibility to ensure that the third party has agreed to accept the Products on your behalf and, where relevant, to pass on any cash payment to us.

 

9. OUR LIABILITY

 

9.1 We only supply the Products for internal use by your business, or for domestic and private use.

 

9.2 Whilst we take all reasonable efforts to include labelling for Product ingredients, it is your responsibility to notify us if you or anyone who will be consuming the Products has any food allergies, intolerances or other special dietary requirements. Please be aware that our Products may contain small bones, nut shells or fruit stones, pips or similar items.

 

9.3 Nothing in these Terms excludes or limit our liability for:

 

(a) death or personal injury caused by our negligence;

 

(b) fraud or fraudulent misrepresentation;

 

(c) any other liability which cannot be excluded or limited under the law.

 

9.4 Subject to clause 9.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

 

(a) any loss of profits, sales, business, or revenue;

 

(b) loss or corruption of data, information or software;

 

(c) loss of business opportunity;

 

(d) loss of anticipated savings;

 

(e) loss of goodwill; or

 

(f) any indirect or consequential loss.

 

9.5 Subject to clauses 9.3 and 9.4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

 

9.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

10. EVENTS OUTSIDE OUR CONTROL

 

10.1 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 an Event Outside Our Control, which means any act or event beyond our reasonable control, including (but not limited to) strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

10.2 If we cannot perform a Contract because of an Event Outside Our Control we will notify you as soon as reasonably possible and if it affects our delivery of Products to you, we will arrange a new delivery date and time with you after the Event Outside Our Control is over.

 

11. COMMUNICATIONS BETWEEN US

 

11.1 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

 

11.2 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

12. OTHER IMPORTANT TERMS

 

12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

 

12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

12.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

 

12.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

12.5 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

13. ACCESSING OUR SITE

 

13.1 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

13.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

13.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email to [ Jahmila@kidzlunchco.co.uk].

 

14. INTELLECTUAL PROPERTY RIGHTS

 

14.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

14.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

14.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

15. VIRUSES

 

15.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

15.2 You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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. In the event of such a breach, your right to use our site will cease immediately.

 

16. LINKING TO OUR SITE

 

16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

16.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

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