TERMS & CONDITIONS

This page sets out the terms and conditions (Terms) on which Smartie Plants Vegan Ready Meals (referred to as SPVRM) will deliver to you meals ordered from SPVRM’s Site www.smartieplans.scot (the Site) (together the Services). Please read these Terms carefully before ordering any of SPVRM’s food. By using SPVRM’s Services, you agree to be bound by these Terms.

You agree to be subject to the Terms in force from time to time. SPVRM will notify you by email of any significant changes to SPVRM’s Terms.

1. ABOUT US

1.1 We are SPVRM a registered food business trading from Ruthwell, Dumfries DG1 4NZ.

2. SERVICE AVAILABILITY

2.1 SPVRM Services are only intended for people residing in Dumfries area Scotland. SPVRM do not accept orders from individuals outside the Serviced Area.

3. YOUR STATUS

3.1 By placing an order through the Site, you warrant that:

- 3.1.1 you are legally capable of entering into binding contracts;

- 3.1.2 you are resident and/or require delivery to the Serviced Area.

4. HEALTH

4.1 If you have any type of food allergy, please refer to the website for the list of allergens contained within all meals before ordering.

5. ORDER PROCESS

7.1 After placing an order you will receive an e-mail acknowledging that SPVRM have received your order.

7.2 The contract between us (Contract) will only be formed after SPVRM have debited your payment card and confirmed receipt of your order by email.

7.3 SPVRM reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

7.4 Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. SPVRM reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.

7.7 Should a payment to SPVRM be requested to be returned by your bank, SPVRM reserve the right to charge you a fee for the returned payment.

7.8 When you pay for your order by card, SPVRM carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.

8. CANCELLATION AND CONSUMER RIGHTS

8.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your order.

8.2 If you are unhappy with your Food for a legitimate reason such as:

- 8.2.1 missing Food; or

- 8.2.2 failure of Food to arrive.

SPVRM MAY provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at SPVRM’s sole discretion.

9. AVAILABILITY AND DELIVERY

9.1 SPVRM uses our courier to deliver all meals. Meals will be delivered on a Thursday.

9.2 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.

9.3 Once your SPVRM meals (bag) are delivered in accordance with your instructions, the bag and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a bag is delivered in accordance with your instructions and subsequently goes missing:

- 9.3.1 this will be regarded as a successful delivery.

9.4 SPVRM are not able to deliver your Food at a specific time. In any circumstance where SPVRM indicate that SPVRM will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms.

9.5 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.

9.6 The driver will take reasonable steps to deliver the food to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.

10. AND

10.1 The Food will be at your risk from the time of delivery.

10.2 Ownership of the Food will pass to you upon delivery after SPVRM have received full payment of all sums due in respect of the Food.

10.3 Neither SPVRM nor Delivery Driver shall be deemed responsible for any theft of the Food from the delivery address.

10.4 If you suspect that your Food has been stolen from the delivery address please contact us immediately so SPVRM can discuss alternative delivery arrangements. Until such alternative arrangements are made, SPVRM reserve the right to suspend your order until suitable new arrangements have been made.

10.5 SPVRM expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. 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.

11. PRICE

11.1 The price of the Food and SPVRM delivery charges will be as quoted on the Site.

11.2 Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.

11.3 SPVRM reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond SPVRM’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).

12. WARRANTIES

12.1 SPVRM warrant that any Food purchased from us through SPVRM’s Site will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.

12.2 You warrant that any and all of the Food ordered by you is for your personal use only and not for resale unless agreed with us.

13. LIABILITY

13.1 Subject to clause 13.2, if SPVRM fail to comply with these Terms, SPVRM shall only be liable to you for the purchase price of the Food for the particular order in which the loss or damage occurred.

13.2 SPVRM will not accept liability for any loss or damage that is not foreseeable.

13.3 Nothing in this agreement excludes or limits SPVRM’s liability for:

- 13.3.1 death or personal injury resulting from negligence;

- 13.3.2 fraud or fraudulent misrepresentation;

- 13.3.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

- 13.3.4 Defective Food under the Consumer Protection Act 1987; or

- 13.3.5 for any other matter in respect of which liability cannot by applicable law be limited or excluded.

13.4 SPVRM attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that SPVRM have identified as possible allergen-containing ingredients. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that SPVRM’s facility prepares foods and uses ingredients in SPVRM products that contain nuts or nut oil.

13.5 SPVRM make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.

13.6 SPVRM cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, SPVRM will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.

13.7 You agree to fully indemnify, defend and hold us, and SPVRM’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.

13.8 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

14. COMPLAINTS

14.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at info@smartieplants.scot

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1 SPVRM may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of SPVRM’s rights or obligations arising under it, at any time during the term of the Contract.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 SPVRM are the owner or the licensee of all intellectual property rights in the Site (including the SPVRM logo), whether registered or unregistered, and in the material published on it.

16.2 Food sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.

17. EVENTS OUTSIDE SPVRM’S CONTROL

17.1 SPVRM will not be liable or responsible for any failure to perform, or delay in performance of, any of SPVRM’s obligations under a Contract that is caused by events outside SPVRM’s reasonable control..

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond SPVRM’s reasonable control and includes in particular (without limitation) the following:

- 17.2.1 Strikes, lock-outs or other industrial action;

- 17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

- 17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

- 17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

- 17.2.4 Impossibility of the use of public or private telecommunications networks; and/ or

- 17.2.4 The acts, decrees, legislation, regulations or restrictions of any government.

17.3 SPVRM’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and SPVRM will have an extension of time for performance for the duration of that period. SPVRM will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which SPVRM obligations under the Contract may be performed despite the Force Majeure Event.

18. PRIVACY

18.1 SPVRM shall be entitled to process your data in accordance with the terms of the SPVRM Privacy Policy. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

You can find full details of SPVRM’s Privacy Policy on the Site.

19. WAIVER

19.1 Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or at law or in equity (and/or the continued performance of this Agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this Agreement.

19.2 The rights and remedies provided by this Agreement are cumulative and (except as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided at law or in equity.

20. SEVERANCE

If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

21. ENTIRE AGREEMENT

21.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.

21.2 You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.

22. VARIATION

SPVRM have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting SPVRM’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in SquareSpace’s system's capabilities.

23. LAW AND JURISDICTION

This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of Scotland. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.