Click & Collect

1. These terms
   • What these terms cover. These are the terms and conditions on which we supply goods to you. Throughout these terms, any reference to ‘us’, ‘we’ or ‘our’ refers directly to the store that you select to collect the goods from (‘Selected Store’). These terms together with our Privacy Policy and Website Terms of Use apply when you order goods to be collected.
   • 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 goods 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.
   • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Our contract with you
   • How we will accept your order. The steps required to create the contract between you and us are as follows:
     • You will place an order on our Website by selecting a Selected Store (in which to collect your goods from) and then and then by selecting ‘checkout’.
     • We will send you an order acknowledgement email. This is not acceptance of your order.
     • We will also send you a confirmation email to confirm when your order is being processed. This is not acceptance of your order;
     • We will send you an email to let you know when your goods have been packed including any alternatives. At the point you collect your goods, a binding contract is formed between you and the Selected Store.
   • Who we are. Once you place an order on our Website, we will in our acknowledgment email provide details about the Selected Store and how you can contact us.
   • 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.
   • Availability of goods and substitutions. Availability of goods will depend on stock in the Selected Store at the time of purchase. Where an item you have chosen is unavailable, we will substitute the item with an alternative. However, this may affect the price you pay (see clause 12). You will be notified of any alternatives and the total price charges in your collection email. You may refuse any substituted item on collection and we will refund you for the items.
   • 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.
   • We only sell to the UK. Our Website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3. Our goods
   • Goods may vary slightly from their pictures. The images of the goods 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 goods. Your goods may vary slightly from those images.
   • Goods packaging may vary. The packaging of the goods may vary from that shown in images on our Website.
   • Goods information. We make reasonable efforts to ensure all information on our Website for the goods is correct although we cannot guarantee this. We do not accept any liability for any incorrect information contained on our Website. Please check the labels and packaging of all goods prior to use.
4. Your rights to make changes

If you wish to make a change to the goods 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 goods, 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. You cannot make any changes to your order after you have paid for it.

5. Click and collect
   • Collection by you. Goods may only be collected from a Selected Store, which you select when placing your order and is specified in your confirmation email. Collection times may vary depending on the Selected Store. You can choose your collection time on our Website when placing your order. All customers collecting goods will be asked to provide a form of identification. The identification must match the name of the cardholder who paid for the order. Goods must be signed for on collection.
   • When you become responsible for the goods. Goods will be your responsibility from the time you collect them from us.
   • When you own goods. You own the goods once we have received payment in full.
6. Your rights to end the contract
   • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
     • If you what you have bought is faulty or mis-described you may have a legal right to end the contract, see clause 9 if you are a consumer and clause 10 if you are a business;
     • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
     • If you are a consumer and have just changed your mind about the goods, see clause 8.
   • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may able be entitled to compensation. The reasons are:
     • We have told you about an upcoming change to the goods or these terms which you do not agree to;
     • We have told you about an error in the price or description of the goods that you have ordered and you do not wish to proceed;
     • There is a risk that supply of the goods may be significantly delayed because of events outside our control;
     • We have suspended supply of the goods for technical reasons; or
     • You have a legal right to end the contract because of something we have done wrong.

7. How to end the contract with us (including if you are a consumer who has changed their mind)
   • Tell us you want to end the contract. You can change your mind and cancel your order for any reason within 14 days after the collection date for an exchange or refund. Alternatively, you may complete and send a Cancellation Form (in the form set out at the bottom of these terms and conditions) to us within 14 days after the collection date. Your right to cancellation does not apply to any of the following goods:
     • Goods that have a ‘use by’, ‘best before’ or BBE’ date which has expired;
     • Chilled or frozen goods
     • Goods that cannot be returned for hygiene or safety reasons once unwrapped, unpackaged or unsealed (such as sealed food goods, sealed drink goods and certain baby goods.
   • Returning goods. To return goods for which you have changes your mind, please return them to the Selected Store during the Selected Store’s usual open hours within 14 days after the collection date. If you cannot return the foods to the Selected Store, please contact us so that we can make arrangements for collections. You must pay the costs of returning those goods to us (including any costs we incur in collecting the goods from you).
   • How we will refund you. Where you exercise the right to change your mind, we will refund you for the relevant goods. Where you are returning all goods in a single order, we will also refund you for the collection charge of that order. Refunds will be paid within 14 days from the day on which we receive the items back from you.
8. If there is a problem with the goods

How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team using the telephone number and email address provided in the acknowledgment email. Alternatively, please speak to one of our staff in the Selected Store.

9. Your rights in respect of defective goods if you are a consumer.
   • We are under a legal duty to supply goods that are in conformity with this contract and each good is sold subject to its description which can be found on the relevant page for that good. When your goods are collected please check nothing appears to be damaged or not a described. If any of the goods are damaged or not as described, please do not accept the order.
   • Your rights if goods are not as described. If you have accepted the goods and then discover something is faulty or not as described, you have the following rights:
     • Up to 30 days after collection date: if the goods are faulty or mis-described then you can get a refund.
     • Up to 6 months after the collection date: if the goods can’t be repaired or replaced then you’re entitled to a refund
     • Up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
   • Your legal rights. This is just a summary of your key legal rights. They are subject to certain exemptions. For detailed information please visit the Citizens Advice Website adviceguide.org.uk or call 03454 04 05 06.
   • Returning faulty or misdescribed goods. You must return good that are faulty or misdescribed returning them to the Selected Store (as stated in your confirmation email).
   • Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Your rights in respect of defective goods if you are a business
    • If you are a business customer we warrant that on collection and before the ‘use by date’, ‘best before date’ or ‘BBE’ of the goods (warranty period), that any goods shall:
      • conform in all material respects with their description;
      • be free from material defects in design, material and workmanship;
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • be fit for any purpose held out by us.
    • Subject to clause 3, if:
      • you give us notice in writing during the warranty period within a reasonable time of discovery that a good does not comply with the warranty set out in clause 1;
      • we are given a reasonable opportunity of examining such good; and
      • you return such good to us at our cost,

we shall, at our option, repair or replace the defective good, or refund the price of the defective good in full.

• We will not be liable for a good’s failure to comply with the warranty in clause 1 if:
  • you make any further use of such good after giving a notice in accordance with clause 2(a);
  • the defect arises because you failed to follow our oral or written instructions as to the storage, use of the good or (if there are none) good trade practice;
  • the defect arises as a result of us following any drawing, design or specification supplied by the business customer;
  • you alter or repair the good without our written consent; or
  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
• Except as provided in this clause 10, we shall have no liability to you in respect of a good’s failure to comply with the warranty set out in clause 1.
• These terms shall apply to any repaired or replacement good supplied by us under clause 2.

11. Price and payment
    • Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on our Website at the time you place your order. If a price change such as a promotion is put in place after you have placed your order, these will not be applied to your order. We take all reasonable care to ensure that the price of the goods advised to you are correct. However please see clause 4 for what happens if we discover an error in the price of the goods you order.
    • Goods sold by weight. For goods sold by weight such as fruit and vegetables, it is difficult for us to select them to an exact weight when we are putting your order together therefore, the item we select for you may be more or less in weight. This means you may be charged more or less than the price stated on our Website for these goods. We will always try our best to get as near as possible to the weight you have ordered.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
    • Incorrect price. It is always possible, despite our best efforts, some of the goods we well may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • Carrier bag charge. In addition to the price, a carrier bag charge shall be payable by you for bags we use to pack your items. If applicable this will be displayed to you before you place your order on our Website.
    • When you must pay and how you must pay. We accept payment with Visa and Mastercard. We will charge your payment card with the total cost of your order, as shown on our Website at the time you place your order.
    • Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    • What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you if you are a consumer
    • 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 us 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; liability which may not be limited or excluded by section 31 (1) Consumer Rights Act 2015; defective goods under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
    • We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • defective goods under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount equal to the amount of the order placed on our Website.

14. How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

15. 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 goods, 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 if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.