Terms and Conditions

Terms and Conditions

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please read these Terms carefully before you place an order with us. By placing an order for any of the meals, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms or any part of them, you must not place an order with us.

You should print a copy of these Terms for future reference.

We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

We strongly recommend that you should seek medical advice before starting any diet, food regime or nutritional programme. The information and advice provided by us is of a general nature only and is provided with the understanding that Nuf’s Kitchen is not engaged in the provision of medical advice. To this extent, any advice or Food provided by Nuf’s Kitchen should not be regarded as a substitute for medical treatment. This includes any advice we provide to you by email, over the telephone or in person. You should not eat the Food if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. Please note that whilst Nuf’s Kitchen will make every effort to exclude ingredients expressly identified by you, we cannot guarantee that these foods will be excluded. If you are in any doubt about your health at any time, you should seek medical advice from a doctor.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the Nuf’s Kitchen website.

1.2 To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, because our Products are made to order, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 All Products shown on our site are subject to availability.

2.5 Under certain circumstances we reserve the right to substitute certain products which may form part of your order.

3. Communication

3.1 You agree that email and other electronic communications can be used as a long-distance means of communication and 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.

3.2 We will contact you by email or provide you with information by posting notices on the Website.

3.3 It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Where you have provided us with, or otherwise contacted us using, different email address, you agree that communication sent by us to any of those email addresses constitutes an acceptable form of communication.

4. Your Account

4.1 When creating an account on the Website, your username and password will be chosen by yourself. You are responsible for all actions taken under your chosen username and password.

4.2 By creating an account on the Website you undertake:

4.2.1 that all the details you provide are true, accurate, current and complete in all respects;

4.2.2 to notify us immediately of any changes to the information provided when creating the account;

4.2.3 that you are over 18;

4.2.4 to only create one account and to only use the Website using your own username and password;

4.2.5 not to disclose your password to anyone and to make every effort to keep your password safe;

4.2.6 to change your password immediately upon discovering that it has been compromised;

4.2.7 to notify us if you suspect someone has accessed your account without permission; and

4.2.8 to neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.

4.3 We reserve the right to terminate your account and to suspend or terminate your access to the Website immediately and without notice to you if:

4.3.1 you breach these Terms;

4.3.2 you are impersonating any other person or entity;

4.3.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or

4.3.4 we suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

5. Eligibility to Place an Order on the Website

5.1 To be eligible to place and order and purchase Food on the Website, and in order to lawfully enter into and form a contract with us, you must

5.1.1 be 18 years of age or over;

5.1.2 be legally capable of entering into a binding contract; and

5.1.3 provide full and accurate details of a delivery address in the United Kingdom.

6. Price

6.1 The prices for the Food are quoted on the Website.

6.2 Unless otherwise stated or agreed, the prices quoted include VAT where required . Where additional delivery costs are applicable, these costs will be clearly indicated and individually and separately identified during the order process.

6.3 We reserve the right, by giving notice to you at any time before delivery of the Food or performance of our obligations to you, to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond our control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

7. HOW TO PAY

7.1 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until 24 hours prior to the dispatch date.

7.2 All financial transactions are processed by our chosen merchant processor.

8. Order Process

8.1 All orders are subject to acceptance and availability. If any of the Food ordered is not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order.

8.2 Any order placed by you constitutes an offer to purchase the Food from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

8.3 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly

8.4 Your offer is accepted by us and a contract (“the Contract”) between you and us incorporating these Terms will only subsist after we have debited your payment card and confirmed receipt of your order by email. Any products which we have not confirmed in the email will not form part of the contract and suitable arrangements for a refund will be made.

8.5 During the order process you will be given the opportunity to include additional instructions related to, for example, your nutritional requirements, your allergies and food preferences or delivery of the Food. These additional instructions shall in no way form part of the Contract between us, whether as implied terms or otherwise. We will make every effort to contact you where these additional instructions cannot be followed and/or implemented, but neither our failure to contact you nor our failure to follow and implement these instructions shall constitute a breach of this Contract.

8.6 You will be subject to the version of our policies and Terms in force at the time that you order the Food from us, unless:

8.6.1 any change to those policies or these Terms is required to be made by law or governmental authority; or

8.6.2 we notify you of any change to our policies or these Terms via the Website or via email.

10. Delivery

10.1 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.

10.2 We reserve the right to apply such a surcharge for delivery, in which instance you will be notified of this at the time of ordering, if applicable.

10.3 We shall not be liable for any delay in delivering the Goods, however caused.

10.4 Unless otherwise indicated in the order process or separate arrangements have been made, meal plan orders will always begin on the next available Sunday delivery date. Deliveries shall be made between 4pm and 8pm (Sunday evening). Once the box is delivered in accordance with your instructions, the box and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a box is delivered in accordance with your instructions and subsequently goes missing this will be regarded as a successful delivery for the purpose of the number of days you have remaining on your account.

10.5 We are not able to deliver your Food at a specific time and neither are we able to deliver within a specific time period. In any circumstance where we indicate that we will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms or the Contract by us.

10.6 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.

10.7 The courier will take reasonable steps to deliver the goods to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.

10.8 If, having taken all reasonable steps, we are unable to deliver your food we will follow any specific instructions you have provided us with. We will (and you acknowledge that our delivery team will) only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If we are unable to deliver in such circumstances, we reserve the right to charge you for the food you should have received that day in any event.

11. Risk

11.1 The Food will be at your risk from the time of delivery.

11.2 Theft or suspected theft of the Food from the delivery address shall not be deemed as the fault of either us or our delivery drivers.

11.3 If you suspect that your Food has been stolen from the delivery address please contact us immediately so we can discuss alternative delivery arrangements. Until such alternative arrangements are made, we reserve the right to suspend your order until suitable new arrangements have been made or cancel your order and organize a refund.

12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

12.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your order. 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.

12.2 If we have to cancel an order for Products before the Products are delivered, due to an Event outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.

12.3 If you wish to cancel your order, you should let us know as soon as possible and all requests must be sent by email or within the online admin area. We require all cancellations or changes to your plan to happen before 18.59pm every Thursday in order to cancel your order/delivery for the Sunday coming.

12.4 If you fail to notify us that you wish to cancel before 18.59pm Thursday, your cancellation will not take place until the following Wednesday. Therefore you will still receive food on the Sunday and be charged accordingly as per your plan.

12.5 Any refunds where due will be made within 14 days from the date on which your package would have ended had it not been cancelled.

14. OUR LIABILITY

14.2 We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.

14.3 We do not in any way exclude or limit our liability for:

  • (a) death or personal injury caused by our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  • (e) defective products under the Consumer Protection Act 1987.

15. Recurring Payments (FuturePay)

15.1 If, at the time of checking out, you choose recurring payments, Nuf's Kitchen will take the amount that you have chosen, each week, automatically until either Nuf's Kitchen or you cancel the agreement.

15.2 If you wish to cancel your recurring payments at any point you can do so by clicking here and entering the credentials you received via email when setting up your recurring payments. If you have any issues when doing this, please contact Nuf's Kitchen and we will assist you with the process.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

16.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).