This website is operated by The Living Food Kitchen Ltd, a company registered in England and Wales with registered number 06613259 and with its registered office at Palladium House 1-4, Argyll Street, London W1F 7LD United Kingdom (“we” or “us”). Our email address is email@example.com and our telephone number is 020 84539466.
These Conditions apply to any purchase on this Website you make so please take the time to read them. These Conditions do not affect your statutory rights as a consumer. We may update these Conditions from time to time and it is your responsibility to check these Conditions regularly to determine whether any changes have been made.
If you do not accept any of the terms of these Conditions, you should not use this Website or order Goods through this Website.
In these Conditions, the following words have the following meanings:
Conditions: these terms and conditions;
Goods: the goods you order from the Website; and
Website: the website located at www.thelivingfoodkitchen.com.
Use of the Website
All materials on and content of the Website, including but not limited to text, images, illustrations, audio recording and video recordings, software (including, code, interface and website structure), look and feel, design and compilation are owned by us or our licensors. You are permitted to use this material and/or content only as set out in these Conditions or as otherwise expressly authorised in writing by us.
You may view the Website and print hard copies of material contained on the Website solely for your lawful, personal, non-commercial use. Any other copying, whether in electronic, hard copy or other format, is prohibited except as permitted by law.
Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
We will also endeavour to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, you should regularly check for the presence of viruses and other malicious code.
3.1You are responsible for ensuring that your details on your order for Goods are accurate and complete.
3.2All orders for Goods are subject to availability.
3.3We must receive payment of the whole of the price for the Goods before your order can be processed. Once payment has been received by us we will confirm that your order has been received by sending an email to you at the email address you provide in your order form.
3.4Our acceptance of your order takes place when the Goods that are the subject of the order are despatched to you.
3.6These Conditions set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Goods. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We take all reasonable care to ensure that all details and description of the Goods are correct at the time of first publication.
The Goods are perishable so please read Condition 7 (Delivery) carefully, together with any instructions and labels on the Goods in relation to storage.
4.3The Goods are not sold for the purposes of re-sale.
Price and payment
The prices payable for Goods are set out on the Website. However, while we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of Goods, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled in accordance with Condition 6.2 below.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Please note that we do not deliver outside of the UK. Our delivery charges are set out in the Website.
All payments for the Goods are to be made through Pay Pal.
We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the Goods;
we do not deliver to your area; or
one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your order we will notify you by e-mail and you will receive a full refund as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7.1The Goods are perishable. Goods are packed for delivery in chilled insulated boxes which maintain a regulated temperature for between 24 and 30 hours. As such, we will ensure that:
Orders placed before 12pm will be dispatched the same working day for delivery the following day.
Orders placed after 12pm will be dispatched on the next working day for delivery the following day.
Orders placed before 12pm on Friday will be dispatched on Monday for delivery on Tuesday unless you request a Saturday delivery.
If, for any reason, we are unable to deliver the Goods as described above, we shall contact you to arrange a delivery on a day that is suitable to you, and if no alternative delivery day is acceptable, we shall refund to you the price for the Goods together with all delivery costs.
7.2Goods will be delivered through ParcelForce. As the Goods are perishable, it is extremely important that delivery can be made as set out in Condition 7.1. If there is no one at the delivery address, Parcelforce will try to deliver the Goods to a neighbour, and failing that, Parcelforce will try to leave the Goods in a safe place at your delivery address in accordance with the instructions you provide on your order. A customer contact card will be left to advise you where the Goods have been left. Goods left with a neighbour or in a safe place are delivered entirely at your own risk and neither Parcelforce nor we will accept responsibility for any loss or damage suffered to the Goods as a result.
If Parcelforce is unable to deliver the Goods in accordance with Condition 7.2 above they will take the Goods to a local post office. A customer contact card will be left to advise you how to collect the Goods. Goods are packed for delivery in chilled insulated boxes which maintain a regulated temperature for between 24 and 30 hours. As such, your Goods are likely to perish if delivery cannot be made by Parcelforce. Again, neither Parcelforce nor we will accept responsibility for any loss or damage suffered to the Goods as a result of your failure to accept delivery, and in particular, you will not be entitled to a refund..
If you do not make arrangements for collection or re-delivery of the Goods within a reasonable period the Goods will be returned to us and you will not be entitled to any refund.
As the Goods are perishable, you may not cancel your order after we have received your payment in accordance with Condition 3.3.
8.2If on receipt, the Goods do not match the order, are not fit for consumption or are otherwise of unsatisfactory quality, please accept our apologies. You should take a photograph of the Goods, and email it to us for our review within 14 days of delivery. If we agree that the Goods, do not match the order, are not fit for consumption or are otherwise of unsatisfactory quality not deemed to be faulty, we will, in accordance with your request, replace the Goods or refund to you the price of the Goods together with all delivery costs. We reserve the right to arrange for collection of such Goods and ask that you assist us to do so by making the Goods available for collection at our request.
9.1Our liability to you in relation to your Goods shall be limited to the following:
to make good any shortage or non-delivery;
to replace any Goods that do not match the order, are not fit for consumption or are otherwise of unsatisfactory quality; or
to refund to you the amount paid by you for the Goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising in relation to the Goods or otherwise under these Conditions, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under Condition 9.1.3.
Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
All notices from you to us must be in writing and sent by email to firstname.lastname@example.org. All notices from us to you will be sent to the email address set out in your order.
Events beyond our control
We shall not be in breach of contract, nor otherwise liable to you for any failure to deliver or delay in delivering Goods or for any damage or defect to Goods that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11.2If the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give notice in writing to us to terminate your order for Goods.
These Conditions and any dispute under these Conditions shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.