terms

Agreed Terms
1. Interpretation
1.1 The definitions in this clause apply in the terms ad conditions set out in this document:
Force Majeure Event: shall have the meaning given in clause 9. Goods: the products that we are selling to you as set out in the order. Order: your order for the goods. Order Confirmation: shall have the meaning set out in clause 2.5. Terms: the terms and conditions set out in this document. Writing: or written includes faxes and emails.
1.2 Headings do not affect the interpretations of these terms.

2. Basis of Sale
2.1 These terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any descriptions or advertising we issue, and any descriptions or illustrations contained in our website, catalogues or brochures, are issued or published solely to provide you with and approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer to you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) We issue you with written acceptance of an Order (Order Confirmation);
(b) We notify you that the Goods are ready,
Whichever is the earlier, at which point a contract shall come into existence between us.
2.6 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7 As the Goods are of a perishable nature, we require written notice of any amendments to or cancellation of an Order at least three days prior to the agreed delivery date. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
2.8 We have the right to revise and amend these Terms from time to time to reflect changes in the market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes to our systems capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case it will apply to orders you have previously places that we have not yet fulfilled).

3. The Goods
3.1 We warrant that on delivery the Goods shall:
(a) Conform in all material respects with their description subject to any qualification or representation contained in the website, brochures advertisements or other documentation;
(b) Be of satisfactory quality
(c) Be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) Be free from material defects and
(e) Comply with all the applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to the Goods which do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration you carry out without prior written approval.
3.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
3.5 These Terms apply to any replacement. Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.

4. Packaging
4.1 In accordance with our environmentally friendly ethos, we seek to reuse the packaging for the Goods, wherever possible.
4.2 Following your initial Order, you must return the clean, empty pots to us when we make your second or subsequent delivery. We are happy to collect the clean, empty pots from you at the time of delivery of any subsequent Order. In the event that you choose not to order again from us, please contact us to let us know that your pots are available for collection by us.
4.3 If you are not available to hand the pots to us on collection, please leave them in the container we provide in a visible and accessible place in order that we can collect them in your absence.
4.4 In the event that you do not return the clean empty pots to us, in accordance with this clause 4, we reserve the right to charge £0.40 per pot that is not returned.

5. Delivery
5.1 We will use reasonable endeavours to deliver the Goods to you on the date specified in the Order Confirmation or in any event, within seven calendar days of the date of your Order Confirmation.
5.2 Delivery of the Order shall be completed when we deliver the Goods to you. For the avoidance of doubt, due to the perishable nature of the Goods, an individual will be required to accept delivery of the Goods in person or provide a suitable storage facility for the Goods, e.g. a cool box.
5.3 We will take reasonable steps to meet the delivery date set out on the Order or the Order Confirmation or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors out of our control and so cannot be guaranteed. We will let you know if we become aware of any unexpected delay and will arrange a new delivery date with you.
5.4 If you fail to take delivery of an Order then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control we shall have no liability to you for late delivery.
5.5 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver what we deem to be a suitable replacement. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel the other instalments.

6. Defective Goods and Returns
6.1 In the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us and once we have checked that the Goods are faulty, we will:
(a) Provide you with a full or partial refund; or
(b) Replace the Goods
6.2 These Terms will apply to any replacement Goods we supply to you.

7. Title and Risk
The Goods will be your responsibility from the time of delivery.

8. Price and Payment
8.1 The price of the Goods will be as set out in our website or our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
8.2 These prices exclude delivery costs which are as follows and which will be added to the total amount due:
(a) Delivery shall be free of charge for Orders over £12 to the following postcodes:
M33 M32 M21 M20 M22 M90 M23 M31
WA15 WA14 WA13
SK8 SK4 SK9 SK7 SK3 SK1
(b) for Orders under £12 the charge for delivery to the postcodes listed in 8.2(a) shall be £1.50
(c) For those delivery addresses outside a 10 mile radius of M23 0PH these shall be charged at a rate of £0.50 per mile after the first 10 miles. Please ask for confirmation in writing of the total delivery cost to an address.
8.3 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less that our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8.4 Payment for all Goods must be made in advance by credit or debit card through Sage Pay.
8.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
8.6 Clause 8.5 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute.

9 Limitation of Liability
9.1 Subject the clause 9.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) Loss of income or revenue;
(b) Loss of business;
(c) Loss of anticipated savings;
(d) Loss of data;
(e) Any waste of time.
9.3 This clause does not include or limit in any way our liability for
(a) Death or personal injury caused by our negligence; or
(b) Fraud or fraudulent misrepresentation; or
(c) Any breach of the obligations implies by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

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 these Terms that s caused by events outside our control (Force Majeure Event)
10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) Strikes, lock-outs or other industrial action; or
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) Impossibility of the use of public or private telecommunications networks.
10.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event

11 Assignment
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

12 Notices
All notice sent by you to us must be sent to MyMiniMenu at 210 Wythenshawe Road, Northern Moor, Manchester, M23 0PH or www.myminimenu.co.uk. We may give notice to you at either the e-mail or postal address you provide us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

13 General
13.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
13.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside England.