Terms & Conditions
1. INFORMATION ABOUT US
1.1 These are the website terms and conditions of Poke-Food UK.
1.2 We operate the website www.poke-food.com (the “Website”).
1.3 This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”) listed on our Site via one of our ordering services (“Ordering”). Please read these terms and conditions carefully before ordering any Products from our site or ordering one of our Services. You should understand that by ordering any of our Products or ordering one of our Services, you agree to be bound by these terms and conditions.
1.4 These Terms and Conditions were most recently updated on 9 November 2020 and apply to sales to consumers.
1.5 If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
1.6 You should print a copy of these terms and conditions for future reference.
1.7 Please tick the checkbox in the shopping basket to 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.
2. SERVICE AVAILABILITY
2.1 Our website is only intended for use by people residing in the United Kingdom of Great Britain and delivery areas as indicated on the order form and FAQ section.
3. PURCHASE CONTRACT
3.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an e-mail from us acknowledging that we have received your order.
3.2 This is not a subscription service and you have the right to cancel your order up to 24 hours prior to delivery.
3.3 Cancelling your order is easy, as long as its 24 hours before. Simply get in touch with us and we’ll refund the order.
4. OUR PRODUCTS
4.1 The images of Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our Website.
4.2 You are responsible for opening and inspecting the Products upon delivery and storing them correctly. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or reheating of our Products.
4.3 Our Website includes details of all allergens which may be contained within our Products. However, it is your responsibility for checking our Website to ensure that a Product does not contain a relevant allergen to you.
4.4 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery.
5. VOUCHERS AND GIFT CARDS
5.1 We may offer gift cards, discount promotions and other types of voucher (“Voucher”) which require activation by email application in order for the holder to commence delivery of Products through our Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (holder) when the Holder redeems the Voucher by applying for a Service to commence.
5.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
5.4 Vouchers may only be redeemed through our Website and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.5 Any discounts attached to Vouchers apply to the price of the Products ordered only.
5.6 We also reserve the right to reject Voucher codes if we suspect any fraud.
6. CONSUMER RIGHTS
6.1 You may deactivate an order, however you must do so 24 hours before your delivery. To cancel you must contact us and we will refund the order.
6.2 As our Products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your order in line with the details set out above.
7. AVAILABILITY AND DELIVERY
7.1 If you have any questions regarding our delivery locations, please contact us at email@example.com . Customers will be notified of the relevant surcharge before placing an order.
7.2 Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery within exact hours.
7.3 Delivery will be completed when we, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that we consider safe and sensible.
7.4 The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the delivery person. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
7.5 The delivery person may try to contact you on the telephone so that delivery can take place.
7.6 Our obligation to deliver the product shall be fulfilled once we deliver the box at the safe spot specified by you or the box is considered safe by the delivery person.
7.7 Poke-Food will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
7.8 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 liability, but may offer you a refund or other compensation at our complete discretion.
8. PRICE AND PAYMENT
8.1 The price of the Products and delivery charges will be as quoted on our Website when your order is created, except for in cases of obvious error.
8.2 Payment for all Products and Services must be by credit or debit card.
8.3 Payment details are stored securely by Stripe, third party to allow recurring payment for Poke-Food does not have access to view your full credit or debit card details.
8.4 Payment is processed the morning after the deadline (e.g., for a cut-off on Tuesday at 23:59 payment for the order will be processed Thursday morning).
9. OUR REFUNDS POLICY
9.1 If you are unhappy with your product for a legitimate reason such as: the dish was missing ingredients, the dish was damaged or the dish did not arrive, we will offer an appropriate refund as long as it can be shown that the box you were charged for was not supplied as it should have been.
10.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. OUR LIABILITY
Nothing in this agreement excludes or limits our liability for:
11.1 Death or personal injury caused by our negligence;
11.2 Fraud or fraudulent misrepresentation;
11.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
11.4 Defective products under the Consumer Protection Act 1987; or
11.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. WRITTEN COMMUNICATIONS
12.1 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 e-mail 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.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 (“Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action;
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 Impossibility of the use of public or private telecommunications networks; and
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 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.
16. ENTIRE AGREEMENT
16.1 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.
16.2 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.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time 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.
17.2 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 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).