Terms & Conditions
Martha & Me Limited trading as Martha & Me Limited operates the website www.marthaandmefood.co.uk.
Please read these terms and conditions carefully, as they contain important information about your rights and obligations when you order Products from us, or when you use information posted on our Website.
In placing an order for any of our Products, you agree to
be bound by these terms and conditions.
A reference in these terms and conditions to “you” or “your” is a reference to you as a customer of our Products. A reference to “we”, “us”, “our” or to “Martha & Me” is to Martha & Me Limited.
WHAT THESE TERMS COVER.
These terms and conditions govern the relationship between you and Martha & Me Limited when you order any of our products.
Please understand that if you place an order from our website, you are accepting these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from us.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are Martha & Me Limited trading as Martha & Me, a company registered in England and Wales (company registration number 16299442).
Our registered business address is 12 The Meads, CM4 0AD.
You can contact us by email at: hello@marthaandmefood.co.uk
If we have to contact you we will do so by telephone or by writing to you via email.
OUR CONTRACT WITH YOU
YOUR STATUS
By placing an order you confirm that: you are legally capable of entering into binding contracts; have the authority to procure products on behalf of your business; and you are at least 18 years old.
PLACING YOUR ORDER
You can place an order from us by ordering via our Website. After placing an order for our Products, you will receive an email confirmation
that we have received your order. Please note that this does not mean your
order has been accepted.
ACCEPTING YOUR ORDER
A contract is formed between you and us when we accept your
order, at which point you will be sent a confirmation via email.
If we are unable to accept your order, we will inform you of
this in writing (unless we suspect fraud) and will not invoice you for your
order. Acceptance of an order is at our discretion and we maintain the right to
refuse an order for any reason.
CANCELLATIONS AND AMENDMENTS
Once an order has been placed, there is a limited period during which we may be able to cancel the order and provide a full refund.
If you wish to request a cancellation, you should contact us as soon as possible, emailing hello@marthaandmefood.co.uk, so that we can advise you on the options available. We cannot accept any request to cancel an order within 5 working days of your agreed delivery date.
If you wish to amend your order, you should contact us as soon as possible. We will do our best to accommodate amendments but acceptance of amendments also remain at our discretion.
DELIVERY
Orders are delivered on Tuesdays and Thursdays.
Orders are fulfilled by a third party provider unless we contact you to arrange delivery directly, by us, at a mutually convenient time.
OUR PRODUCTS
OUR WARRANTY REGARDING THE PRODUCTS
We confirm to you that any Product purchased from us will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for the purpose for which products of that kind are commonly supplied.
YOUR OBLIGATIONS REGARDING THE PRODUCTS
You are responsible for inspecting the Products on delivery and for unpacking and storing them correctly (including where Products are required to be frozen). You are also responsible for preparing and cooking the Products. Due to the varied nature of cooking appliances, our cook times are a
guide only; you are responsible for ensuring the product has reached a suitable temperature, and allowed to cool to a safe serving temperature before serving. We accept no liability for loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of the Products.
Products purchased by you may not be re-sold.
ALLERGIES
You are responsible for checking the information on our website and on our labels to ensure that a product does not contain a relevant allergen.
Our products are labelled to show any allergen advice. Our food is prepared in our home kitchen which contains common allergens. Whilst we have high standards in place, it is not possible to guarantee the absence of allergens in our products. We do not recommend our products to individuals with
allergies.
DELIVERY
DELIVERY INSTRUCTIONS
It is your responsibility to ensure that you have given us the correct delivery address, email address and any special delivery instructions.
DELIVERY TO YOUR ADDRESS
As we are delivering perishable foods, they must be delivered on the day. If you are unable to accept your order, you must update our delivery provider with a suitable safe place for them to deliver the order. If you do not provide them with instructions regarding delivery to a suitable safe place and you are not available to take delivery on the delivery date, if possible your order will be left in a place that we or the third party courier
considers reasonably safe (which may include delivery to a neighbour).
If we have left your Products in your safe place, or another place deemed safe by our courier, 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.
If you are unable to accept your delivery, and we are unable to deliver to a safe place, we will not attempt further delivery and you will not be entitled to a refund.
DELAYS OUTSIDE OF OUR CONTROL
If we are delayed in supplying the Products because of an event outside our control then we will contact you and let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
REASONS WE MAY SUSPEND SUPPLY OF THE PRODUCTS TO YOU
We may have to suspend supply of Products to you to:
(a) deal with technical problems or make minor changes;
(b) update the Products to reflect changes in applicable laws and/or regulatory
requirements;
(c) due to a force majeure;
(c) improper use or our Product or Brand.
If we do so, we will contact you in advance where possible
and in such circumstances you will have the opportunity to cancel your order.
RIGHTS OF RETURN AND REFUND
As our Products contain fresh and perishable food, you are not entitled to the “normal” right to return goods within 14 days after the day you receive them.
RIGHT OF RETURN AND REFUND IF THE PRODUCTS ARE DEFECTIVE
OR NOT AS DESCRIBED
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, ideally with
photographic evidence of the defective or misdescribed product- this will assist us in investigating and processing any refunds.
We will ask you to safely dispose of any Product that is defective or misdescribed and if we agree that it is defective or misdescribed (acting reasonably) we will refund the price of the Product in full.
PAYMENT OF REFUNDS
We always try our best to ensure that our Products are perfect, but this is not always possible. In the event of a minor defect (for example, substituting a red pepper for a yellow pepper) we reserve the right to use our discretion as to whether a full refund is applicable or not.
This is also true in circumstances where there is a possibility that the defect may have been caused by customer error, such as not storing Products correctly or not following preparation guidance.
If you are entitled to (and request) a refund, we will refund you within 14 days after the day on the earlier of:
- the day we receive the Product back from you (if requested by us);
- the day on which you provide us with acceptable evidence that you have sent the Product back to us; or`
- the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to dispose of the Product.
If we determine that a full refund is applicable, we will refund you by the method you used to pay. You may choose to forego a refund in favour
of credit towards a future order.
PAYMENT
Payment for all Products must be by credit or debit card and we require payment before we dispatch the Products.
OUR LIABILITY TO YOU
CIRCUMSTANCES IN WHICH WE DO NOT LIMIT OUR LIABILITY TO
YOU
Nothing in these terms in any way limits or excludes our liability to you:
- for death or personal injury caused by our negligence,
- for fraud or fraudulent misrepresentation;
- for breach of your legal rights in respect of the Products; or
- in any other way that would not be permitted by law.
WHEN WE WILL BE LIABLE TO YOU
If we fail to comply with these terms we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract, subject to the clauses below.
AGGREGATE LIMITATION OF OUR LIABILITY TO YOU
Subject to the other provisions of this clause, our maximum aggregate liability to you under your contract with us shall be limited to the price of the Products to which our breach relates.
TYPES OF LOSSES THAT ARE EXCLUDED
We do not in any circumstances accept liability for any of the following types of losses:
- loss of income or profit;
- loss of business;
- business interruption, including waste of management or office time;
- loss of anticipated savings; or
- loss or corruption of data, information or software.
CIRCUMSTANCES IN WHICH WE ACCEPT NO LIABILITY
We accept no liability for any loss, damage or injury
arising:
- in circumstances of your improper use of the product or not reasonably following preparation guidance provided;
- as a result of the advice, recipes or instructions provided to you on our Website or in conjunction with any of our Products, which are provided for general information only.
OTHER IMPORTANT TERMS
NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS.
These terms are governed by English law and you can bring legal proceedings in respect of the Products and/or your contract with us in the English courts.