TVK Supermarket Terms and Conditions
Welcome to TheVeganKind's Terms & Conditions of Sale
- What these terms cover. These are the terms and conditions on which we supply products to you which are purchased from our Supermarket
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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 think that there is a mistake in these terms please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are TheVeganKind a company registered in England and Wales. Our company registration number is 08610535 and our registered office is at 40 Bloomsbury Way, Lower Ground Floor, London WC1A 2SE. Our registered VAT number is
- How to contact us. You can contact us by telephoning our customer service team at 0141 258 2871 or by writing to us at email@example.com AND TheVeganKind Ltd, Unit 24-26 Cotton Street Industrial Estate, 198 Swanston Street, Glasgow G40 4HW.
- 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 in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
- Your submission of an order constitutes an offer to enter into a contract to buy the products from us. Our acceptance of your order will take place when the Website displays an order confirmation page at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is 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 product or because we are unable to meet a delivery deadline you have specified.
- 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.
- Subject to certain restrictions, we ship worldwide. Unfortunately, we are unable to ship orders for chilled or frozen food outside the United Kingdom.
- Age restrictions. We only sell to people aged 18 years or over and able to enter into a legally binding contract.
- The product information provided on the Website has been published in good faith and TheVeganKind will do its best to ensure that it is accurate. However, occasionally, such information may be incorrect, out of date or incomplete owing to human error or circumstances beyond our control. Where product information is incorrect owing to human error or circumstances beyond our control, TheVeganKind reserves the right to reject the order insofar as it relates to the affected products or where the order has already been accepted, not to supply the affected products. In such event TheVeganKind will notify you and will not charge you for affected products.
- The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
OUR RIGHTS TO MAKE CHANGES
- Products are sold by us subject to availability and prevailing market conditions. In the event that a product you order is unavailable we may offer a reasonable substitute or refund to you the amount charged for the unavailable item. In the event that we provide you with a reasonable substitute we will notify you in writing and you will have the opportunity to accept or reject this item upon delivery. In the event that you reject the substitute you may return this to us at no cost and we will refund the value of the product to you. We are unable to offer a substitute of chilled or frozen products.
PROVIDING THE PRODUCTS
- Frozen/Chilled Goods
7.1.1 You have invited us to send chilled goods to you at your request, in the knowledge of the possibility that the goods may be delayed in transit and/or may travel in conditions where they are not chilled as recommended by the manufacturer.
7.1.2 You accept that the products are safe for periods of time even when not chilled below 8 degrees.
7.2.1 When we will provide the products. During the order process you will be provided a variety of delivery options and may select the option most suitable. We will deliver your order to the address specified by you during the order process. You are responsible for providing us with an accurate delivery address and for ensuring that you are available to accept delivery of your order. We will do our best to deliver your order to you to the address specified within the specified timescales subject to any delays outside our control.
7.2.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.2.4 If you are not at home when the product is delivered. For chilled deliveries it is your responsibility to ensure that someone is available at your delivery address to receive your order. If no one is available at your delivery address to take delivery of your order, our couriers WILL NOT return your order to a local depot for collection or attempt redelivery. Our couriers are authorised to leave packages containing chilled or frozen goods even if no one is there to accept delivery. They will leave this in as 'safe' a place as possible, but if you live in flats or any house that does not have a secluded place for the parcel to be left, you accept that it may be left at your front door in plain view of passersby. We accept no responsibility for parcels which go missing or are tampered with as a result of you being unavailable to accept delivery. Our couriers will take a photograph of any parcels left in a 'safe place' to evidence delivery.
7.2.5 In the event that you select an alternative delivery option following submission of your order (i.e. an option offered directly by your courier once the package is in transit for example to leave your order with a neighbour or in a safe place), you do so entirely at your own risk. We do not accept liability for any losses you may incur as a result, e.g. theft, tampering, contamination and the result of any change in temperature in respect of chilled or frozen goods.
7.3 When you become responsible for the goods. A product which will be your responsibility from the time we deliver the product to the address you gave us.
7.4 When you own goods. You own a product once we have received payment in full and delivered the product to you.
7.5 You agree that you have a responsibility to inspect your products for signs that they may be unfit for consumption and report any concerns to us within 24 hours of receipt of delivery.
8.1 The meaning of “Perishable Items” for the purposes of these terms and conditions means:
8.1.1 chilled and frozen food products;
8.1.2 fresh products (e.g. bread, cakes and pastries, etc.);
8.1.3 food products that contain a ‘best before’, ‘best before end’ or ‘expiry date’ that due to the nature of the product is less than four (4) weeks from the date of delivery; and
8.2 Subject to Clause 8.3 below, you have a legal right to change your mind within 14 days and receive a refund. These rights are set out under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.3 When you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of:
8.3.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.3.2 Perishable Items; and
8.3.3 any products which become mixed inseparably with other items after their delivery.
8.4 How long do you have to change your mind? For purchases of goods you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have the right to change your mind (see clause 8.2), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know by writing to us. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
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:
- 1.1 Email. The best way to contact us is by email at. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- 1.2 Phone. Call customer services on 0141 258 2871.
- 1.3 Online. Complete the form [INSERT LINK TO ‘CONTACT US’ FORM] on our website.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at TheVeganKind Ltd, Unit 24-26 Cotton Street Industrial Estate, 198 Swanston Street, Glasgow G40 4HW. Please email us at firstname.lastname@example.org for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. [The costs of collection will be the same as our charges for standard delivery, see [INSERT LINK TO CHARGES].
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you exercise your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
9.7.1 If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a product to us, see clause 9.2.
9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract at any time by writing to you if we are unable to fulfil your order due to an event outside our control.
- You must compensate us if you break the contract. If we end the contract in the situation set out in clause 1 we will refund any money you have paid for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE GOODS DELIVERED
How to tell us about problems. If you have any questions or complaints about the any of our products please contact us. You can telephone our customer service team at 0141 258 2871 or write to us at email@example.com and / or TheVeganKind Ltd, Unit 24-26 Cotton Street Industrial Estate, 198 Swanston Street, Glasgow G40 4HW.
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
- We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. 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 that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 0141 258 2871 or email us at firstname.lastname@example.org for a return label or to arrange collection.
PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
- When you must pay and how you must pay. We accept payment by credit or debit card and PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 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.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply the products for to you for domestic and private use.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and any disputes arising in respect of these terms shall be subject to the non-exclusive jurisdiction of the Scottish courts.