our terms and conditions
We prepare and deliver frozen homemade food for children aged over 18 months (“Service”). The Service is provided in accordance with these terms and conditions of supply (“Terms”) and the Order Confirmation to the exclusion of all other terms. If there is any inconsistency between these Terms and the Order Confirmation, the Order Confirmation will prevail. The Contracts (Rights of Third Parties) Act 1999 is excluded and nothing in these Terms shall affect your statutory rights as a consumer. These Terms shall be governed by English Law. In these Terms the following words have the meaning given below. Circumstances Beyond Our Control means any event beyond our reasonable control including, without limitation, fire, flood, vehicle breakdown, act of terrorism, power failure or Act of God. Delivery Slots means the time and date windows (eg 7pm to 9pm Order Confirmation means our confirmation of the order you have placed. It will include the items you have ordered, the price of those items (including delivery charge any applicable discounts), Your Delivery Slot, the delivery address, the order number and any allergy information you have given relating to the children who will consume the food. This will be sent to you by email or by whatever means we reasonably consider to be appropriate. Privacy Policy means the policy set out at Clause 8 of these Terms. You means the person placing an order according to these Terms. Your Delivery Slot means the Delivery Slot during which your order will be delivered as set out in the Order Confirmation. We, us means The Children’s Food Company Limited (registered number 5624822) whose registered office is at 41 Barkers Road, Nether Edge, Sheffield S7 1SD. Website means www.childrensfoodcompany.co.uk (or any other internet address we may use from time to time). 1 Placing your Order a) The goods detailed on the Website are offered for sale on an invitation to treat basis. You may place an order online or by telephone: i) Online Completion of the order form on the Website and submitting it will log your request to us. If we accept your order we will acknowledge it with an Order Confirmation. We may need to speak with you if information is missing or extra information is needed. ii) Telephone If you phone us (using the phone number published on the Website at the time of your order) we will take certain information from you to complete the order form and if we accept your order we will acknowledge it by sending you an Order Confirmation. b) In either case your order will only be a binding contract with us when we accept your order by supplying an Order Confirmation to you. We can decline to progress your order at any time and for any reason before we have supplied you with the Order Confirmation. c) All information gathered during the order process, including sensitive personal data, will be processed in accordance with the Privacy Policy. In submitting the order you give your express consent to us to process the sensitive data in accordance with the Privacy Policy. d) If you have already used our Service you will have a family password. Please use this to avoid the need to give certain order information each time you place an order. However, you are responsible for informing us of any change when you place your order. e) Minimum Order The minimum price for each order is £10 (before any applicable discounts). 2 Price a) Prices and delivery charges are published on the Website at the time of your order unless otherwise agreed by us and set out in the Order Confirmation. b) Prices may be subject to discounts at our discretion or as published from time to time either on our Website or on promotional materials. Any discounts must be acknowledged on the Order Confirmation to be valid. 3 Payment a) Payment of the price plus any delivery charge will be made direct to us at the time of delivery in pounds sterling. Payment shall be by cash, cheque (supported by appropriate cheque guarantee card) or voucher (where the delivery address is different to the address of the person ordering). We will not be obliged to complete delivery unless payment has first been made in full by you in a manner satisfactory to us acting reasonably. b) Where payment is made by cheque and if the cheque does not clear we may recover from you any bank charges we incur. 4 Delivery a) When you place your order you should indicate which of the Delivery Slots would be acceptable. b) We cannot guarantee to offer you your preferred choice of Delivery Slot although we will do our best to do so. Your Delivery Slot will be as set out in the Order Confirmation. c) Unless first agreed with us the start of the Delivery Slot chosen by you should be at least 48 hours but not more than 14 days after you place an order. d) We will use all reasonable efforts to comply with Your Delivery Slot. You acknowledge that due to the frozen nature of the goods you must make arrangements to physically receive your order during Your Delivery Slot and for the goods to be transferred to a freezer immediately on delivery. e) If we attempt to deliver within Your Delivery Slot but you are not available or reasonable appropriate alternative instructions are not apparent (eg to leave your order with and collect payment from a neighbour) an extra charge may be made to cover our reasonable costs of re-delivery. f) In all cases of non-delivery resulting from your actions you are still responsible for the full price of the order, which is payable from the end of Your Delivery Slot, even though you haven’t taken delivery, and we may postpone any further deliveries until payment is made. g) Where we are unable to deliver due to Circumstances Beyond Our Control, other than in the circumstances referred to in clause 4f), we will notify you as soon as practical and shall use reasonable endeavours to agree an alternative Delivery Slot with you. Where this is not possible we shall deliver during the next available Delivery Slot convenient to us. There shall be no liability on our part if we are delayed or are unable to deliver goods due to Circumstances Beyond Our Control. h) Where we are unable to deliver for reasons other than in clauses 4f) or 4g) we shall notify you as soon as practical and use our reasonable endeavours to agree an alternative Delivery Slot with you and if this is not possible we shall deliver during the next available Delivery Slot convenient to us. In such cases there shall be no liability on our part other than your right to cancel, under clause 5a). j) If we are unable to deliver the goods you have ordered but can deliver an alternative which is substantially similar to your order, then clauses 4g) and 4h) shall not apply if we deliver the replacement goods and in those circumstances you shall pay whichever is the less of the price of the goods in your original order and the price of the replacement goods as published on the Website at the time of your order. In such cases we shall have no further liability to you. 5 Cancellation a) If we have notified you of non-delivery in accordance with clause 4h) you may cancel your order at any time up to 5 hours before the start of the re-arranged Delivery Slot. You will not have to pay for the goods you originally ordered. b) In addition to 5a), which only applies when we are unable to deliver, once you have been given the Order Confirmation you may cancel your order up to 72 hours (3 days) before the start of Your Delivery Slot, according to the following provisions: i. If you cancel more than 120 hours (5 days) before the start of Your Delivery Slot there will be no charge for the goods ordered or ii. If you cancel less than 120 hours (5 days) but more than 72 hours (3 days) before the start of Your Delivery Slot you will be liable to pay 25% of the total of the price of the goods ordered and the delivery charge (to be paid on cancellation). c) You acknowledge that due to the nature of the goods we supply the Customer Protection (Distance Selling) Regulations 2000 do not apply to any contract you have with us. d) Due to the frozen nature of the products it is not possible for you to cancel your order or return the goods other than in accordance with this clause 5. 6 Complaints a) We want you to be happy with the goods you order and the Service you receive from us. b) If you feel that you need to make a complaint please make this in writing to us at the address given above. We will use our reasonable endeavours to respond within 7 days. c) Any complaint must be made within 7 days of the products being consumed to have any legal effect. This does not affect your statutory rights. 7 Liabilities a) The ingredients of the goods are detailed on the Website. The ingredients, re-heating and storage instructions are set out on the packaging. We have used our reasonable endeavours to ensure that such information is adequate and correct. b) The ingredients of each food item available to order are posted on the Website and are set out on the packaging. You are responsible for checking that such ingredients will not affect the recipients of the food and for following the storage and reheating instructions on the packaging. We shall not be liable to you for death or personal injury which results from your failure to comply with your obligations in this clause. c) We acknowledge our statutory legal unlimited liability to you in respect of death or personal injury resulting from our negligence. d) We will not be liable to you for any other claims, damages, costs, losses or other heads of claim (save as provided in these Terms) whether in contract or Tort (including negligence) except in the case of fraudulent misrepresentation. e) Where we are unable to exclude our liability, our liability to you shall be limited to £2m per claim. 8 Privacy Policy a) We are committed to protecting your privacy and will only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998). This information will include your name, addresses and other contact details, product selection, password or other relevant information you provide when placing your order. It will be used in the following ways: i. Processing your orders ii. Improving the Service you receive iii. Notifying you from time to time of special offers or new products which may be of interest to you b) You acknowledge that this Privacy Policy constitutes your acceptance to us notifying you about our products from time to time as defined in the Privacy and Electronic Communications Regulations 2003. If not, then please let us know and we will remove your details from our mailing list. c) You can refuse to receive any marketing communications from us in the future by contacting us at the address given or by emailing us at office@childrensfoodcompany.co.uk. d) Occasionally we may make your name and addresses available to carefully selected and reputable companies whose products or services we feel might interest you. If you do not wish us to pass on your details, please email us at office@childrensfoodcompany.co.uk. 9 The Website a) We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error free, that defects will be corrected, or that the Website or the server that makes it available are free from viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or reliable to you for any loss of content or material uploaded or transmitted through the Website. b) We may from time to time on our Website provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for i) the privacy practices of such websites, ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. c) You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us. d) You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (eg if necessary to order the goods) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.