• These terms and conditions (and the other documents referred to in here) govern the relationship between you and Positive Kitchen when you order any products (“Products”) listed on our website at www.positivekitchen.co.uk (“Website”). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website.
• Any reference to “you” or "your", means you as a customer of our Products and/or as a user of our Website. Any reference to “we”, “us”, “our” or “Positive Kitchen” is to Positive Kitchen & Co Ltd.
• Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be legally bound by these terms and conditions.
• We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.
• Please tick the accept box at the time of ordering if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
1. Information about us
1. We are Positive Kitchen & Co Ltd, a company registered in England and Wales under company number 11693691 and with our registered office at Park House, 37 Clarence Street, Leicester. LE1 3RW and we operate the Website.
2. Our site is only intended for use by people residing in England, Scotland and Wales excluding the Scottish Highlands and Islands. (Serviced Countries). Unfortunately, we cannot accept orders from individuals outside of these territories via the website. Please contact us via firstname.lastname@example.org for further assistance.
2. Your status
1. By placing an order through our Website, you confirm that:
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old.
c. you are resident in one of the Serviced Countries; and
d. you are accessing our site from that country.
3. Our recurring delivery service
1. We allow you to place a one off Product order or offer an option of a recurring delivery service "Cake Club" and when you sign up to order Products via this service, you are signing up for a rolling contract which can be cancelled in accordance with condition 6.2 below.
2. Cancelling "Cake Club": Do remember that you can cancel at any time and by midnight on the last working day of the month for the next month’s order (see condition 6.3 below).
3. Cake Club selection:We will select the Products for you and will send you an email of the featured product that will be sent two weeks before dispatch.
4. Our Products
1. The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers and other devices can display colours differently and natural ingredientsdo vary in colour and size.
2. Any weights and portioned sizes of the Products are approximations only unless we state otherwise.
3. Whilst we will provide general advice, recipes and instructions relating to our Products, any advice, recipes and instructions provided by Positive Kitchen relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice, recipes or instructions provided to you on our Website or in conjunction with any of our Products.
4. You are responsible for opening and inspecting the Products upon delivery and then storing them correctly. You are also completely responsible for the use of our Products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage or use of our Products.
5. If you have an allergy, you are responsible for checking our allergen information and Website to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us on 0116 3406599 or email@example.com. The packaging of our Products is labelled to show any allergen advice. All Products are produced and packed in a facility that handles nuts. Any severe allergy sufferers should contact us before placing an order.
6. If we are unable to supply you with a Product, for example because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in condition 10.3, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. We are committed to using the best suppliers and ingredients at all times. However, we reserve the right to change suppliers at any time and without notification, particularly if there are supply and delivery issues or shortages or to improve our products.
5. How the Contract is formed between you and us
1. Please take time to read and check your order at each page of the order process. After placing an order for our Products, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched ( “Dispatch Confirmation”). The contract between us for the purchase of our Products (“Contract”) will only be formed when we send you the Dispatch Confirmation. We are not under any obligation to accept an order from you.
2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. Your consumer right of return and refund
1. As our Products contain perishable products, you are not entitled to the “normal” right to return goods within 14 days after the day you receive them, simply if you change your mind.
2. Right to cancel an order applies if the order is cancelled prior to you receiving a Dispatch Confirmation.
3. Right to cancel the Cake Club service applies if you notify us by midnight on the last working day of the month for the next month’s order (see “How to contact us” below). We agree to cancel your order and will not charge you for it. You will need to tell us whether you just want to cancel your next order(s) or your whole subscription with us.
4. Right of return and refund if the Product is defective or not as described: Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are defective or not as described. If the Products we deliver to you are defective or are not as described on our Website, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 24 hours from delivery of the Products and we ask that you send us a photograph as evidence of the defective or misdescribed Product - this will assist in processing your refund quickly).
5. We will ask you to safely dispose of such Product and if we agree that it is defective or misdescribed (acting reasonably) we will offer you the choice of either an exchange or a refund of the price of the Product in full.
6. We will refund you within 14 days after the day on which (whichever is the earlier of):
1. the day we receive the Product back from you;
2. the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
3. the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to throw the Product away safely.
6. We try our best to ensure that our Products are perfect 100% of time, but we are sure you will agree that this is not always possible. In the event of a minor error we reserve the right to use our discretion as to whether a full refund is applicable or not. We will act reasonably and may offer you a partial refund or a voucher.
7. We will refund you by the method used by you to pay.
8. Your legal rights: Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. Your legal rights are not affected by your right of return and refund in this condition 7 or anything else in these terms and conditions.
9. How to contact us: If you wish to cancel a Contract and/or return a Product to us for any of the reasons set out above, you just need to let us know within the applicable timeframe. The easiest way to do this is by email. Please email us at firstname.lastname@example.org, or contact our Customer Services team by telephone on 0116 3406599. If you are emailing us or writing to us please include details of your order to help us to identify it (and photographic evidence if applicable). If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
10. Details of your statutory right of cancellation, and an explanation of how to exercise it, are also provided in the Dispatch Confirmation.
1. We will confirm if we can deliver to you and if the estimated delivery date, in the Dispatch Confirmation.
2. We offer a next working day delivery service for orders placed before 11am. For orders placed after11am on a Thursday and before Monday at 11am we will deliver your Product on the following Tuesday, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 19 for our responsibilities).
3. Unfortunately we do not ship internationally, or to the Scottish Highlands or Isle of Wight or Isle of Man. Please contact us on 0116 3406599 or email@example.com if you live in these areas.
4. It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions.
5. If you are not in when we deliver your Products, we may leave your Products in your designated safe place at the couriers discretion. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept any liability, but may offer you a refund or other compensation at our complete discretion.
8. Risk and title
1. The Products will be at your risk on completion of delivery.
2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
9. Price and payment
1. The price of the Products and any delivery charges will be as quoted on our Website from time to time, except in cases of obvious error. Product prices include VAT.
2. Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
3. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
5. Payment for all Products must be by credit or debit card and we require payment before we despatch the Products. We use Sagepay payment services to carry out and process your payments.
10. Discount codes and gift cards
1. You may use a discount code if it has been issued or authorised by us for our Products. You are only be able to use them once per household.
2. Discount codes and gift cards may only be applied to future orders and cannot be exchanged or refunded for cash. Please check if there are time limits to the discount codes and gift cards as you may only have a limited period to use them. No change or credit will be given for unused portions of a gift card.
3. We may apply maximum limits to the value of gift cards and the amount you can claim a discount code on.
4. We reserve the right to cancel discount codes at any time. We also reserve the right to reject discount codes and gift cards if we suspect any fraud.
5. We will not accept liability if discount codes or gift cards are lost, stolen or damaged.
11. Warranty (our promises)
1. Subject to the disclaimers set out in condition 12.3, we promise to you that any Product purchased from us through our Website will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied at the time of delivery.
2. The Products we sell have been designed and prepared to comply with the statutory legal requirements and relevant health and safety standards of the United Kingdom. We can therefore make no representation or warranty that any Product is compliant with health, safety or other legal requirements which apply outside the United Kingdom, unless delivery is within the EEA and common EEA Consumer Protection and Safety rules apply.
3. We shall have no liability under the warranty set out at condition 12.1 to the extent that any damage or defect results from:
1. a modification or alteration of the Products by anyone other than us;
2. your or any third party’s use of the Products in a manner contrary to the instructions given to you by us;
3. fair wear and tear, wilful damage, abnormal storage (i.e. not in a fridge) or working conditions, accident, negligence by you or by any third party; or
4. any failure to use reasonable skill and care in using (i.e. preparing and eating) the Products and/or failure to use the Products legally and/or for the purposes for which such Products are intended to be used.
12. Our liability
1. Nothing in these terms and conditions shall:
1. restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen’s Advice Bureau);
2. exclude or limit our liability for death or personal injury resulting from our negligence;
3. exclude or limit our liability for fraud or fraudulent misrepresentation;
4. exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this relates to legal title / ownership);
5. exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
6. exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2. Subject to condition 13.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to condition 13.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a Contract.
3. Subject to condition 13.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this condition 13.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this condition 13.3.
1. We take care to handle your personal data in accordance with applicable law. Please see our privacy and cookies policy for more information.
14. Written communications
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
1. All notices given by you to us must be given to Positive Kitchen at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 15 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address.
16. Transfer of rights and obligations
1. The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ( “Event Outside Our Control”).
2. An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 17 above.
1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
3. Nothing in this condition 22 limits or excludes any liability for fraud.
21. Our right to vary these terms and conditions
1. We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
2. If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will not be effective unless you expressly notify us of your agreement to them.
3. Subject to condition 22, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
1. Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts will be subject to the non-exclusive jurisdiction of the courts of England.