THE GARDEN AT HOME: TERMS AND CONDITIONS
These terms and conditions (and the other documents referred to in here) govern the relationship between you and The Garden Catering when you order any of the meals or other products (“Products”) listed in our App at The Garden At Home (“App”). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our App.
Any reference to “you” or “your”, means you as a customer of our Products and/or as a user of our App. Any reference to “we”, “us”, “our” or “The Garden Catering” is to The Garden Catering Ltd.
Please read these terms and conditions carefully before ordering any Products from our App. 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 App. You should print a copy of these terms and conditions for future reference.
Please tick the accept box 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 App.
1. INFORMATION ABOUT US
2. YOUR STATUS
3. OUR RECURRING DELIVERY SERVICE
4. OUR PRODUCTS
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8. RISK AND TITLE
9. PRICE AND PAYMENT
10. DISCOUNT CODES AND GIFT CARDS
11. WARRANTY (OUR PROMISES)
12. OUR LIABILITY
14. WRITTEN COMMUNICATIONS
16. TRANSFER OF RIGHTS AND OBLIGATIONS
17. EVENTS OUTSIDE OUR CONTROL
20. ENTIRE AGREEMENT
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22. LAW AND JURISDICTION
INFORMATION ABOUT US
We are The Garden Catering Ltd, a company registered in England and Wales under company number 6234838 and with our registered office at 361 Park Road, Kingston Upon Thames, Surrey, KT2 5LY and we operate the App.
By placing an order through our App, you confirm that:
1. you are legally capable of entering into binding contracts; and
2. you are at least 18 years old.
OUR RECURRING DELIVERY SERVICE
1. We offer a recurring delivery service and when you sign up to order Products, you are signing up for a rolling weekly contract which can be cancelled in accordance with condition 6.2 below.
2. Skipping Deliveries: If you are going away for a while or just don’t fancy our Products for a week, you can skip a week on the App. Do remember that you can cancel at any time if before midday on the Friday before the delivery date for the next week’s order (see condition 7.2 below).
3. Meal selection: It is your obligation to select which Products you would like for the next order. If you fail to make a selection, we will select the Products for you. If we cannot provide you with the Products you have ordered we will try our best to contact you in order for you to select an alternative Product. If we cannot get hold of you, we reserve the right to substitute your meal choice for an alternative or not to deliver to you.
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 food itself varies in colour and size. The packaging of the Products may also vary from that shown in images on our Website.
2. Any weights of the Products are approximations only unless we state otherwise.
3. Whilst we will provide general advice and instructions relating to our Products, any advice and instructions provided by The Garden Catering 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 or instructions provided to you on our App 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 (for example, in the fridge). You are also completely responsible for the preparation, heating and/or cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation, heating and or cooking of our Products. Please make sure that re-heated food is piping hot throughout.
5. If you have an allergy, you are responsible for checking our packaging insert and App to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us on 020 3504 6404 or [email protected] Please note that our Products may contain allergens including cereals containing gluten (wheat, rye, barley and oats), crustaceans, eggs, fish, peanuts, soybeans, milk, lactose, nuts, celery, mustard, sesame, sulphur dioxide and sulphites, lupin and molluscs. All Products are 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 App 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 as soon as possible.
7. We will try our best to supply exactly what you have ordered, but we reserve the right to substitute with a similar Product. If you are not happy with any substitution, please contact us in accordance with condition 6.6 below. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which are not acceptable to you)
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 order reference number from us confirming that we have received your order “Confirmation”. The Contract between us will only be formed when we generate the Confirmation.
2. We are not under any obligation to accept an order from you.
3. The Contract will relate only to those Products in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until a separate Confirmation is generated.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
1. 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, simply if you change your mind. This is because the food is likely to have a best before date within only a few days of delivery of the Products.
2. Right to cancel an order (or the whole subscription) if you notify us before midday on the Friday before delivery. For example, if you have ordered Products for delivery on Thursday and then change your mind or decide for any reason that you do not want to receive a Product, you can notify us of your decision (see “How to contact us” below) and cancel your order before midday on the Friday before that Thursday. 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.
3. 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 App, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 1 day from delivery of the Products and if possible we ask that you send us a photograph as evidence of the defective or misdescribed Product – this will assist in processing your refund quickly).
4. 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.
5. 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 using the Profile section on the App. You can pause your subscription by using the button in the Subscription page. Alternatively you can email us at [email protected] or contact our Customer Services team by telephone on 020 3504 6404. 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.
1. We deliver only to the postcodes listed on our App. We will confirm if we can deliver to you and if we can your estimated delivery date, in the Confirmation.
2. Unfortunately we do have a limited delivery area. If your postcode is not available on registration please contact us at [email protected] so we can inform you when we are delivering to your area.
3. If you order a Product before midday on Friday, we will deliver to you the following week between Tuesday and Friday, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 19 for our responsibilities). Please note that delivery dates are estimates only.
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 try again the day after and/or leave your Products on your designated safe place at our 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. All deliveries let in a designated safe place need to be heated to eat or placed in the fridge within 2 hours. Please note we cannot accept any liability for any deliveries that are left out or uneaten for longer than our recommendations.
6. The time that your Products will be delivered will vary week on week depending on traffic, weather and the number of deliveries to be made that day. We can make no guarantee of the time of delivery and accept no liability for inconvenience or loss as a result of a deviation from it.
7. Your Products will be delivered in reusable containers in a coolbag, that will be collected with your next delivery. Please ensure that the containers are washed and clean before collection.
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.
PRICE AND PAYMENT
1. The price of the Products and any delivery charges will be as quoted on our App from time to time, except in cases of obvious error. Product prices include VAT (where applicable).
2. Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already processed.
3. In addition to the price of the Products, you have to pay a one-off fee for the reusable containers and coolbag that your Products are delivered in. These are yours to keep should you decide to end your deliveries.
4. Our App contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our App 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.
5. We are under no obligation to provide the Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
6. Payment for all Products must be by credit or debit card and we require payment before we dispatch the Products. We use Stripe and Paypal payment services to carry out and process your payments.
1. You may use a promotional code if it has been issued or authorised by us for our Products. You are only able to use them once per household.
2. Promotional codes may only be applied to future orders and cannot be exchanged or refunded for cash. Please check if there are time limits to the promotional codes as you may only have a limited period to use them. No change or credit will be given for unused portions of a promotional code.
3. We may apply maximum limits to the amount you can claim a promotional code on.
4. We reserve the right to cancel promotional codes at any time. We also reserve the right to reject promotional codes if we suspect any fraud.
5. We will not accept liability if promotional codes are lost, stolen or damaged.
1. Subject to the disclaimers set out in condition 12.3, we promise to you that any Product purchased from us through our App 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.
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, cooking, heating 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.
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 12.1, 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 12.3, 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 12.1, 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 12.3 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 12.3.
1. We take care to handle your personal data in accordance with applicable law. Please see our privacy and cookies policy for more information.
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our App, 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 App. 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 The Garden Catering Ltd at [email protected] 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 7 above. Notice will be deemed received and properly served immediately when posted on our App, 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.
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.
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.
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.
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 23.2, 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 confirm your order (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).
LAW AND JURISDICTION
1. Contracts for the purchase of Products through our App 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.
These terms and conditions were last updated on 10th November 2020.
THE GARDEN CATERING: TERMS AND Conditions
“You” or “Your” means the customer; “We”, “Us” or “Our” means The Synergie Company Limited trading as The Garden; “Day” means Monday to Friday between the hours of 8:00am and 6:00pm excluding bank and public holidays; “Weekend Day” means Saturday, Sunday and bank and public holidays (other than Christmas Day) between the hours of 8:00am and 6:00pm; “Order” means an order from You to Us on Our Order Form; “Order Form” means our standard form from time to time to be used by You to place an Order with Us for Catering Services; “Catering Services” means the delivery to You of food and beverages ordered by You from Our Menu supplied in or with Our “Equipment”; Menu” means Our Menu from time to time which is available on request; “Equipment” means baskets, sandwich platters, plates, bowls, cups, saucers, cutlery, crates, jugs, glasses, soup kettles, bain maries, marquees, furniture; “Force Majeure” means circumstance beyond our control including but not limited to strikes and traffic jams.
Orders for up to 20 people for Catering Services should be placed by 12:00 noon on the Day prior to the required delivery Day. Orders for over 20 people should be placed 3 days in advance. If Catering Services are required on Weekend Days, at least 48 hours notice must be given as special arrangements will need to be made with You. We will endeavour to supply exactly the Order placed on the Order Form. Where you do not specify particular details of products, e.g. types of sandwich fillings We will supply a selection at Our discretion. Where You have requested something specific We will do Our best to ensure its provision, however We cannot guarantee this and will provide an alternative at our discretion. Orders placed are accepted under the terms of our Risk Assessment as show via email attachments or via webpage: thegardencatering.com/risk-assessment
For Orders for less than 20 people, 2 Days notice is required prior to delivery. For Orders for over 20 people, 4 Days notice is required prior to delivery. For Orders for over 100 people, 7 Days notice is required prior to delivery. For Orders for over 200 people, 14 days notice is required. For Orders placed where staff are required to assist in serving, 7 Days notice is required.
If The Garden Catering Ltd are forced to cancel an event, hence the provision of food, equipment, transportation or service prior to an event due to unforeseen circumstances, the The Garden Catering Ltd or any third parties involved bears no responsibility or liability to their actions.
Although it is rare that Orders are not delivered within Your preferred time as specified on the Order Form, time is not of the essence of the contract between You and Us and this cannot be guaranteed. Where parking is required and is not made available by You the client charges may be added at Our discretion.
An invoice will be sent electronically soon after an Order is placed. Unless other payment terms have been agreed with Us in writing, payment is due 1 day after the date stipulated on the invoice. If any sum payable to Us in respect of the Order is overdue then We reserve the right to charge interest at 9% pro-rated per day from the date of invoice to the date amount is paid in full. Management reserve the right to charge up to a maximum of £15.00 per request for statements or copy invoices. All communication sent by Directors or Management to the Debtor in the pursuit of outstanding monies are charge at £35 per document. An admin fee for the filing of court documents in the pursuit of debt are charge at £150 per application. All charges quoted are exclusive of VAT.
We reserve the right to charge interest at 9% pro-rated per day from the date of the dispute to the date the amount is paid in full. Management reserve the right to charge up to a maximum of £15.00 for statements or copy invoices. Letters written by Directors or Management to the Debtor in the pursuit of outstanding monies are charge at £35.00 per letter. An admin fee for the filing of court documents in the pursuit of debt are charge at £150.00 per application. All charges quoted are exclusive of VAT.
Conditions and Warranties
You are entitled to the benefit of all conditions, warranties or other terms expressed or implied given to Us in respect of the ingredients We use or the food and beverages We supply but (except in the case of death or personal injury caused by Our negligence) We will not be liable to You by reason of any representation or implied warranty, condition or other term or any duty at common law for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims arising in connection with the provision of the Catering Services. Our entire liability under or in connection with Your Order shall not exceed Our invoiced charges for the Order.
Changes in Charges
We may vary Our charges from time to time and You will be bound to pay the then current charges in respect of each Order. We will endeavour to forward You an amended Menu as soon as practicable following any such change.
The Equipment is and remains Our property. We are allowing You to use the Equipment in connection with the provision of Our Catering Services. We will endeavour to collect Our Equipment within 48 hours of the time of delivery of Your Order. Whilst the Equipment is on Your premises You are responsible for loss of or damage to the Equipment and We shall at Our discretion be entitled to replace or repair the Equipment at Your cost. Management will place 20% administrative charge on the cost of replacing any equipment lost or not returned to our company. The terms and conditions applicable to invoices for Orders will apply similarly to an invoice in respect of repair or replacement of any Equipment. Any loss or damage to Our equipment, You are liable to pay for a full replacement of the equipment plus costs at the time of damage or breakage.
We shall not be deemed to be in breach of Our contract with You or otherwise be liable to You by reason of any delay in performance or non-performance to the extent that such delay or non-performance is due to Force Majeure.
Headings contained in this agreement are for ease of reference only and do not effect the construction of this agreement. In this agreement the singular includes the plural and vice versa. Version 5 – January 2012