1.1 We are HomeFood Delivered Limited ("we" or "us" or "Peel Foods"), is incorporated and registered in the England and Wales, with registered office at 57 Greatorex St, London, E1 5NP, United Kingdom. Our Company registration number is 10727564.
1.2 We operate www.peelfoods.com and www.peelfoods.co.uk (the “Website”).
1.3 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” are to the individual using the Website, and the Services for private and non-commercial purposes. If you are a business, references in these Terms to “you” are to the business that you have the authority to bind in accordance with Section 2.
1.5 Please read these Terms carefully and make sure that you understand them, before ordering any Services. Please note that by ordering any of our Services in accordance with Section 3, you agree to be bound by these Terms and the other documents expressly referred to in them.
1.6 You should print a copy of these Terms or save them to your computer for future reference.
1.7 We amend these Terms from time to time as set out in Section 13. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in September 2017.
1.8 In these Terms:
1.8.1 “Account” means a customer account which has been opened by you through the Website in respect of the Services and is identified by way of an allocated account number generated by us;
1.8.2 “Goods” means the food that you order from us through the Website;
1.8.3 “Order” shall have the meaning set out in Section 3
1.8.4 “VAT” means Value Added Tax;
1.8.5 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.8.6 a reference to a party includes its successors or permitted assigns;
1.8.7 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.8.8 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.8.9 a reference to writing or written communications includes emails.
This Section 2 only applies if you are a business.
2.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Services under an Order.
2.2 The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
2.3 You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.
2.4 Nothing in this section shall exclude liability for either party’s fraudulent misrepresentation.
3.1 The Services shall be performed in accordance with the process set out in this Section 3.1:
3.1.1 You must open an Account in order to use the Services through the Website;
3.1.2 If you open an Account you shall be issued with a username and password as part of the registration process to open your Account; you must use all reasonable steps to keep your username and password confidential, and must inform us if you suspect or discover that your username or password have become known to someone else;
3.1.3 You shall use your Account to place an order for the Services in accordance with the process outlined on the Website (an “Enquiry”);
3.1.4 You must be over 18 years old in order to order alcohol via the Website;
3.1.5. Alcohol can only be ordered alongside food orders;
3.1.6 We are not able to deliver orders that consist only of alcoholic drink items;
3.1.7 We will confirm our acceptance of your Enquiry by sending you an email confirming the information you included in your Enquiry and providing a delivery estimate (the “Confirmation Email”, at which point your Enquiry will become an “Order”). This Agreement together with the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms and shall be a new and separate contract between you and us.
4.1 Delivery fee may be applicable for all destinations and the exact fee will be shown at check-out.
4.2 We will not deliver Goods to an address outside of our delivery area. If your address is outside our delivery area this will be stated clearly on the Website when typing it in.
4.3 Times given for delivery are estimates only and we shall not be liable for any delay in delivery.
4.4 If, during delivery of an Order, you or your authorised representative (as appropriate) fail to take delivery of the Goods you will not receive a refund for your Order.
4.5 You shall be responsible for:
4.5.1 Ensuring that we and/or our contractors have such access and parking facilities as may be reasonably required to carry out the Services;
4.5.2 Ensuring that either you or your authorised representative (as specified in the Enquiry) are present to take delivery of the Goods at the delivery place specified by the relevant delivery driver;
4.5.3 Providing us with your up-to-date contact details in your Account and/or Enquiry.
4.6 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us.
4.7 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to Section 11 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.8 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
4.9 We will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address Peel Foods expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
5.1 We make no guarantee and give no warranty with respect to any health or dietary benefits of the Goods.
5.2 We recommend that you do not use the Services if you have any allergies. If you do have allergies and still wish to use the Services then you do so at your own risk and we shall not be liable in respect of the allergenic content of the Goods. Please call us using the contact details provided on the Website before if you require further information and advice on the allergenic content of the Goods.
5.3 We endeavour to provide information on any allergens that the Goods may contain on the Website, but because all Goods are cooked to order in the same kitchen we cannot guarantee and make no warranty that the Goods will not contain allergens.
5.4 The kitchen is a busy working environment and there is a risk of cross-contamination between ingredients. Although reasonable care is taken, some Goods may contain nuts and we cannot guarantee that all bones from meat products in the Goods have been removed and some may remain.
5.5 Our Goods are freshly prepared and although we try our hardest to be consistent at times the size of the bases can vary.
5.6 Nutritional information provided is an approximation based on values provided by suppliers and published resources. We cannot guarantee the exact nutritional information.
5.7 All Goods are subject to availability.
5.8 Results may vary due to different oven types and cooking instructions are based on estimates.
6.1 You must be at least 18 years old and legally capable of entering into binding contracts in order to use the Services.
6.2 You must not:
6.2.1 Use the Services or the Website except as expressly permitted by this Agreement;
6.2.2 Use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;
6.2.3 Disrupt, damage or interfere with the Services or the Website in any way; or
6.2.4 Offer in any manner, sub-license or re-sell the Services or the Goods, or use of or access to the Services or the Goods, to a third party, for any reason whatsoever without our prior written consent.
Risk in the Goods shall remain with you from the time of delivery.
9.1 We accept card payments.
9.2 The charges for the Services are set out in the Confirmation Email.
9.3 Payment for the Services will be deducted from either: (i) the bank account registered to your Account; or (ii) the bank account entered in your Enquiry; when we send you the Confirmation Email.
9.4 If you fail to take delivery of the Goods when the driver arrives at the required destination you shall not receive a refund for your Order.
10.1 We reserve the right to suspend or close your Account or otherwise restrict your access to the Website, and the Services if you fail to pay any charge due to us by you under this Agreement immediately when such payment becomes due.
10.2 Without limiting any of our other rights or remedies, if you fail to pay any of the charges due to us by you under this Agreement within 7 days of their due date for payment, such outstanding amounts shall incur interest at a rate of 3% above the base rate of Barclays Bank plc in the United Kingdom from time to time, calculated from the date that payment became due up to and including the date that payment is made of both the outstanding amounts and any interest accrued thereon.
11.1 If you are a consumer:
11.1.1 We only supply the Services to you for your domestic and private use and you agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
11.1.2 If we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it as contemplated by you and us at the time we entered into the Agreement; and
11.1.3 Subject to Section 11.3, our total liability in respect of the Services or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, storage or return, shall not in any event exceed the value of the relevant Order.
11.2 If you are a business:
11.2.1 Subject to Section 11.3, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;
11.2.2 Subject to Sections 11.2.1 and 11.3 our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the relevant Order; and
11.2.3 You shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your use of the Services or your breach of this Agreement.
11.3 Nothing in these Terms excludes or limits our liability for:
11.3.1 Death or personal injury caused by our negligence;
11.3.2 Fraud or fraudulent misrepresentation; or
11.3.3 Any other liability that cannot be excluded by law.
11.4 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
11.5 Please see Section 5 for details on how we limit our liability in respect of the allergenic content of the Goods.
11.6 This Section 11 shall survive termination of the Agreement.
13.1 We may revise these Terms from time to time.
13.2 Every time you place an Enquiry, the Terms in force at that time will apply to any corresponding Order.
14.1 You may cancel your Order up until the point is has been dispatched. We do not accept Order cancellations once an Order has been dispatched.
14.2 In order to cancel your Order, you must contact our customer care team
15.1 You shall:
15.1.1 Ensure that the information you include in your Enquiry is complete and accurate; and
15.1.2 Ensure that you only purchase Services if you are at least 18 years old.
15.2 We shall provide the Services with reasonable care and skill.
16.1 We may terminate this Agreement with immediate effect by notice in writing to you if:
16.1.1 You fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
16.1.2 You are in breach of any term of this Agreement.
17.1 Upon termination of this Agreement for any reason:
17.1.1 You shall immediately pay to us all of our outstanding unpaid invoices and interest;
17.1.2 The accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
17.1.3 Sections which expressly or by implication have effect after termination shall continue in full force and effect.
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This Section 18 shall survive termination of this Agreement.
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
19.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation 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, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
19.3 If an Event Outside Our Control takes place that affects the performance of the Services:
19.3.1 We will contact you as soon as reasonably possible to notify you;
19.3.2 We shall not be liable to you as a result of any delay or failure to perform the Services as a result of an Event Outside Our Control; and
19.3.3 We shall use reasonable endeavours to minimise any disruption to the Services.
20.1 Notices to you:
20.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by email, by personal delivery to the person notified or its address, or by prepaid post.
20.1.2 Your address for service of notices shall be your email and/or postal address specified in your Account/Enquiry or any other address in England, Scotland or Wales which you have previously notified to us in writing.
20.2 Notices to us:
20.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by email.
20.2.2 Our address for service of notices shall be our address set out in these Terms.
20.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
20.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Account and/or Enquiry.
21.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent.
21.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
23.2 For Peel Foods voucher codes, any prices and offers are correct at the time of the voucher codes being published by us through our communications.
23.3 We will not be responsible for voucher codes published without permission on third-party websites or in any third-party literature.
23.4 Voucher codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication.
23.5 All voucher codes are subject to availability and only one voucher code can be used per Order.
24.1 All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.
24.3 These Terms are only available in the English language.
24.4 If any of these Terms conflict with any terms of an Order, the Order will take priority.
24.5 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
24.6 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
24.7 If we fail to insist that you perform any of your obligations under this Agreement, 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.
24.8 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens Advice or Trading Standards Office. Nothing in these Terms will affect these legal rights.
24.9 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
24.10 If you are a business, the Agreement 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) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
24.11 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizens Advice.