Terms, Privacy & Legal
1. YOUR STATUS
1.1 By placing an order through our Website, you confirm that:
a. you are legally capable of entering into binding contracts
b. you are at least 18 years old.
2. OUR PRODUCT
2.1 The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as 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.
2.2 Any weights of the Products are approximations only.
2.3 The provided general advice, recipes and instructions relating to our Products have been produced to help the use of 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.
2.4 You are responsible for opening and inspecting the Products upon delivery and then storing them correctly (for example, in the fridge). You are also completely 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.
2.5 If you have an allergy, you are responsible for checking our Ingredient declarations, packaging and Website to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us. All of the packaging for our Products is labelled to show any allergen advice, but 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. All Products are packed in a facility that handles nuts. Any severe allergy sufferers should contact us before placing an order.
2.6 If we are unable to supply you with a Product, for example because we cannot meet your requested delivery date, 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 including any delivery costs charged as soon as possible.
3.1 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
3.2. We will send you a confirmation email after your order. This constitutes our acceptance and is the point at which a binding legal contract is formed.
4. PAYMENT AND PRICE
4.1 The price of our Products and the delivery charge are stated on our site at the time you order. VAT or sales tax, where applicable, is included unless we say otherwise
4.2 The following only applies if we charge for delivery: Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen.
4.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa, Mastercard, American Express, Apple Pay & Google Pay.
4.5 By committing to our service, you authorise us and our third party payment provider to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Dispatch of the goods is subject to our being able to charge your payment card, and the availability of stock at the time of the charge. It is your responsibility to update your payment card details as necessary.
DISCOUNT CODES AND GIFT CARDS
4.9 You may use a discount code if it has been issued or authorised by us for our Products. You are only able to use each code once per household.
4.10 Discount 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 discount 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.
4.11 We may apply maximum limits to the value of gift cards and the amount you can claim a discount code on.
4.12 We reserve the right to cancel discount codes at any time. We also reserve the right to reject discount codes and gift cards if we suspect any fraud.
4.13 We will not accept liability if discount codes or gift cards are lost, stolen or damaged.
4.14 As a matter of policy we do not provide percentage discounts, including discounts of 100% off, that enable a customer to purchase potentially unlimited (or limited only by stock availability) quantities of any Product, especially including any ‘add on’ products or drinks. For the definition of an ‘add on’, please see paragraph 10.4 of this document. Should a customer find and make use of one of these discounts, whether through error or technology exploit, we are not obliged to provide the customer with any part of their Order and we will at any time, including on the day of delivery, be entitled to recall, refund and cancel our delivery of said Order.
4.15 Similarly, should there be any error either human or technology-related that causes a discount to apply to more Products than stated in our communication regarding said discount, we are not obliged or entitled to provide the customer with any part of an Order made using this discount, and we will cancel and refund said Order.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery day set out in your dispatch email. Delivery windows set out by us are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your Product at any time on the day of delivery set out in the dispatch confirmation
5.2 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you provided. If no one is available at the address to receive the delivery we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no instruction is given, the order will be left in a place that the authorised delivery company considers safe. The leave safe location will 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 cannot guarantee it. Our obligation to deliver the box shall be fulfilled once the courier delivers the box to the location specified by you, or when the box is considered safe by the courier.
5.3 If the personal handover of the box is not possible and no leave safe location is available, we may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
6. RISK AND OWNERSHIP
6.1 Once the delivery is completed, according to the preceding paragraph (i.e. signed for by 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 location is provided or available) the risk of any damage or loss of the box will be with the customer. Forager’s Kitchen 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. Forager’s Kitchen is not obliged to review the safe spot as to its general suitability. Refusal of the box does not negate the charge, Forager’s Kitchen will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
7. OUR REFUNDS POLICY
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 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 are in conformity with this Contract. 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, within one week from delivery of the Products. 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.
7.3 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 the choice of either a replacement or a refund of the price of the Product in full.
7.4 We try our best to ensure that our Products are perfect 100% of time, but we are sure you will agree that 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 act reasonably and may offer you a partial refund or a voucher.
7.5 We will refund you by the method used by you to pay.
8. EVENTS OUTSIDE OF OUR CONTROL
8.1 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”).
8.2 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 of 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.
8.3 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.
9. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
9.1 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.
9.2 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.
9.3 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)
WE HAVE CREATED THIS PRIVACY STATEMENT IN ORDER TO DEMONSTRATE OUR FIRM COMMITMENT TO PRIVACY. THE FOLLOWING DISCLOSES OUR INFORMATION GATHERING AND DISSEMINATION PRACTICES FOR THIS WEB SITE.
WE USE YOUR IP ADDRESS TO HELP DIAGNOSE PROBLEMS WITH OUR SERVER, AND TO ADMINISTER OUR WEB SITE. YOUR IP ADDRESS IS USED TO HELP IDENTIFY YOU AND TO GATHER BROAD DEMOGRAPHIC INFORMATION.
OUR SITE’S REGISTRATION FORM REQUIRES USERS TO GIVE US CONTACT INFORMATION, LIKE THEIR NAME AND EMAIL ADDRESS, AND UNIQUE IDENTIFIERS. WE USE CUSTOMER CONTACT INFORMATION FROM THE REGISTRATION FORM TO SEND THE USER INFORMATION ABOUT OUR COMPANY. THE CUSTOMER’S CONTACT INFORMATION IS ALSO USED TO CONTACT THE VISITOR WHEN NECESSARY IF THEY HAVE SUBSCRIBED TO THE MAIL LIST. USERS MAY OPT-OUT OF RECEIVING FUTURE MAILINGS BY CHOOSING TO UN-SUBSCRIBE. UNIQUE IDENTIFIERS ARE COLLECTED TO VERIFY THE USER’S IDENTITY AND FOR USE IN OUR RECORD SYSTEM.
THIS SITE MAY CONTAIN LINKS TO OTHER SITES. WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH WEB SITES.
OUR SITE USES AN ORDER FORM FOR CUSTOMERS TO REQUEST INFORMATION, PRODUCTS, AND SERVICES. WE COLLECT VISITOR’S CONTACT INFORMATION AND UNIQUE IDENTIFIERS. CONTACT INFORMATION FROM THE ORDER FORM IS USED TO SEND ORDERS AND INFORMATION ABOUT OUR COMPANY TO OUR CUSTOMERS. THE CUSTOMER’S CONTACT INFORMATION IS ALSO USED TO GET IN TOUCH WITH THE VISITOR WHEN NECESSARY. USERS MAY OPT-OUT OF RECEIVING FUTURE MAILINGS. UNIQUE IDENTIFIERS ARE COLLECTED FROM WEB SITE VISITORS TO VERIFY THE USER’S IDENTITY AND FOR USE AS ACCOUNT NUMBERS IN OUR RECORD SYSTEM.
THIS SITE HAS SECURITY MEASURES IN PLACE TO PROTECT THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER OUR CONTROL. ALL DATA IS PROTECTED USING THE MOST ADVANCED METHODS AVAILABLE. WE DO NOT STORE FINANCIAL INFORMATION LIKE CREDIT CARD NUMBERS OR PERSONAL INFORMATION LIKE SOCIAL SECURITY NUMBERS ON THIS SITE.
THIS SITE GIVES USERS THE FOLLOWING OPTIONS FOR REMOVING THEIR INFORMATION FROM OUR DATABASE TO NOT RECEIVE FUTURE COMMUNICATIONS OR TO NO LONGER RECEIVE MAIL LIST MESSAGES.
SEND AN EMAIL TO US BY VISITING THE CONTACT PAGE.
THIS SITE GIVES USERS THE FOLLOWING OPTIONS FOR CHANGING AND MODIFYING INFORMATION PREVIOUSLY PROVIDED.
SEND AN EMAIL TO US BY VISITING THE CONTACT PAGE.