Terms & Conditions
Welcome to Real Foods website Terms and Conditions ("Terms").
Real Foods Limited ("Real Foods", "we", "us" or "our") provides the services available on this website ("Website").
Please read these Terms carefully as by using any part of this Website, including completing any customer registration with us and/or placing any order on the Website, you will be deemed to have understood and agreed to be bound by these Terms.
If you do not agree with these Terms, then you must cease use of this Website immediately. These Terms are a contract between us and you may wish to print a copy for future reference. For the avoidance of doubt, please note that each time you access this Website (for whatever reason), you will be deemed to have accepted these Terms.
We may revise these Terms at any time by updating this posting. You should, therefore, check this Website from time to time to review the then-current Terms to ensure that you are at all times fully aware of our current Terms. Any changes are effective immediately upon posting to the Website.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Real Foods is the trading name of Real Foods Limited a company registered in Scotland with company number SC103912 whose registered office is situated at 37 Broughton Street Edinburgh EH1 3JU, UK. Email Address: firstname.lastname@example.org. Telephone number: 0131 557 1911 VAT registration number 446 5716 30. Real Foods is a Soil Association Licensed Retailer, Licence number SR1466.
"Website" refers to any of the websites owned and operated by Real Foods including but not restricted to www.realfoods.co.uk or any subsequent URL which may replace it.
"Goods" means the articles supplied and displayed for sale on the Website.
"Buyer", "user", "you" refers to you as a customer who is placing an order with Real Foods or you as a user of this Website.
Terms & Conditions Index
1. USE OF WEBSITE AND REGISTRATION
1.1 To be eligible to purchase Goods on this Website you hereby represent and warrant that you will:
• register to use the Website and;
• be the holder of a valid debit/credit card and;
• be 18 years of age or older.
1.2 Further, you hereby represent and warrant that the personal information, which you are required to provide when you register as a customer is true, accurate and current in all respects. It is your responsibility to inform us of any changes to that information (including your e-mail address) by contacting us at email@example.com or at 0131 557 1911 (open 09.00am to 5:30pm, weekdays only).
1.3 We do not permit the following:
• Any other person sharing your user name and password; or
• Access through a single name and password being made available to multiple users on a network; or
• Impersonation of any other person or entity or to use a false name or a name that you are not authorised to use.
1.4 You are responsible for all use of the Website made by you and for preventing unauthorised use of your username and password. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your username and password, please notify us immediately.
1.5 If following registration with the Website you decide that you no longer wish to remain registered with the Website you may cancel your registration by sending notice of cancellation to firstname.lastname@example.org.
1.6 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your subscription, use or access to this Website and refuse to provide our services to you without notice to you: (a) if you breach any of these Terms or warranties or any documents incorporated by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration or; (c) if we believe that your actions may cause legal liability for you, our users (registered or otherwise) or us.
1.7 This Web site might include discussion forums or other interactive areas and the user may interact with these areas only for non-commercial purposes. You are solely liable for any material you upload or transmit. You agree not to use the Website to do any of the following:
• Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that Real Foods deems to be unlawful, libellous, pornographic, harassing, racially, ethnically or otherwise objectionable.
• Upload or transmit any material that would constitute or encourage a criminal offence or violate the rights of any party.
• Upload, e-mail, transmit, or otherwise make available any material that might infringe any patent, trademark, trade secret, copyright, or intellectual property of any party.
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or programs designed to negatively affect the functionality of any system, computer software, hardware or telecom equipment.
2.1 We are committed to protecting your privacy. We use industry-standard security to safeguard the confidentiality and storage of your personally identifiable information in accordance with current UK Data Protection legislation and guidelines, however, please be aware that "perfect security" does not exist on the internet. Further, it remains each user’s responsibility to safeguard against unauthorised access to their user details, to ensure that only the user logs on to the Website and to ensure that the user logs off from the Website when not using it and to keep his/her log-in details safe.
2.2 You can access our Website homepage and browse this Website without disclosing your personal data.
2.3 When you shop on this Website, we will ask you to input and will collect personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
2.4 Your personal information will be exclusively used for individual customer care. We confirm that any personal information which you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
• processing your orders accurately and efficiently (e.g. providing your credit card details to a third party secure server for payment authorisation);
• to hear your opinion about our products and services;
• if you consent, to advise you of new Website content and provide advertisements to you;
• to administer this Website;
• where applicable, we may, by law, be forced to disclose certain information to government or law enforcement agencies. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications will always remain private.
• if you consent, to notify you of new products or special offers that we think you will find of interest.
2.5 You will only receive promotional information from us if you opt in by ticking the appropriate box as you go through the registration process. You can unsubscribe from our contact list at any time by e-mailing us at email@example.com or by telephoning us on +44 (0)131 557 1911. We will then make sure your personal information is deleted from our mailing list and databases in accordance with our administrative policies (e.g. for example, we may be required to retain your address details in relation to any credit card purchase for a period of not less than 6 months).
2.6 If you would like to check the details we hold about you please do not hesitate to contact us. We will be happy to review and update, amend or delete your records as necessary.
2.7 We will provide you with a readable copy of the personal information which we keep about you within 30 working days. We will require proof of your identity, please email firstname.lastname@example.org with your Subject Access Request.
2.8 If we wish to use your personal data for new purposes, we will offer you the means to consent to these new purposes by either indicating your consent at the point on the website where the data is collected or by communicating with us by email.
2.9 We never pass, disclose or sell our customers’ personal details to any marketing lists.
2.10 We may be monitoring customer traffic patterns and Website usage so that we can learn about how people are using the Website and how we can improve our service. This can include the use of a "cookie". Cookies are small text files that are sent to your browser and stored on your computer's hard disc. If you wish, you can modify your browser to prevent this happening. Please note however that by disabling cookies, this may impair your experience of our Website.
2.11 We do not knowingly collect personal data from children. We do not sell products for purchase by children. Any children’s products sold are intended for purchase by adults. By accepting these Terms, you confirm that you are over 18.
2.13 If all (or substantially all) of our assets which are used to operate our business are acquired by a third party, then your personal information may be transferred to that third party.
2.14 Personal data may be transferred worldwide.
TEL: +44 (0) 131 557 1911- open 9:00am to 5:30pm (UK time), every weekday
Post: 37 Broughton Street Edinburgh EH1 3JU, UK
2.16 Information on current UK Data Protection legislation is available at: www.informationcommissioner.gov.uk
3.1 We have taken steps to ensure the security and privacy of our systems and our user’s data and personal information. Our Website uses a market leading secure payment system, Sage Pay, which offers all of the security measures you would expect as dealing with a major bank. At checkout you are transferred via a secure server to the payment gateway server, where you complete your order by providing your credit card details. This system encrypts potentially sensitive information by Secure Sockets Layer (SSL) technology provide the best possible protection on the internet. You can identify that you are on a secure site when the padlock appears in your internet browser.
3.2 When you choose to pay online, your card details will not be available to Real Foods staff. Your card details are input into the payment gateway secure site and we do not have access to them at any time. Your card and address details are security checked and verified with the relevant card issuer and your payment is pre-authorised. If you check 'Save your card for future use' then your card details will be stored on the Sage Pay secure site for you to use when you order again. Real Foods staff do not have access to these details at any time. Details will only be accessed when you place subsequent orders. You may select to remove your card details either when going through checkout, or from your account page. In the case of any difficulty please contact our customer service team email@example.com and we will be pleased to help you.
3.3 We are not liable for any unauthorised, erroneous or denied payments.
3.4 If you have any security concerns or questions please contact us at firstname.lastname@example.org or on +44 (0)131 557 1911
4. PLACING AN ORDER WITH US
4.1 You place your order by clicking on the submit order button at the end of the online order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
4.2 Once you have placed your order, we will send to you an acknowledgement email detailing the Goods that you have ordered, a payment reference and the value of your order which will be debited from your credit/debit card.
4.3 Unless we have notified you that we are not able to accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place at the time and date that we notify you by e-mail that we have despatched the Goods ordered by you. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
4.4 You will be sent a VAT invoice together with the Goods ordered. This invoice also acts as a VAT receipt.
4.5 Non-acceptance of an order may be a result of one of the following:
• The product you ordered being unavailable from stock or,
• Our inability to obtain authorisation for your payment or,
• The identification of a pricing or product description error or,
• You not meeting the eligibility to order criteria set out in these Terms.
4.6 If we are unable to fulfil your order following our order acknowledgement (i.e. in relation to any non-acceptance of an order), we will contact you by email or telephone to advise you of this as soon as possible. You will be given a full refund of what you have paid in relation to any such non-fulfilled order. Please note that the only exception to this full refund policy is in relation to bespoke or customised Goods – in such cases, we CANNOT offer a refund of any kind.
4.7 Gift Wrapping: We do not currently offer a gift wrapping service online, we do offer a gift bag service for a small fee, this can be chosen at checkout before payment is authorised. Our website does stock a good selection of items suitable for gifts and we are happy to give advice. If you need help choosing a gift, call us free on 0131 557 1911 and we would be delighted to help you.
4.8 Sending direct to gift recipient: The postage and packing charge includes 1 delivery, either to you or your recipient. If you would like us to despatch items separately to different addresses there will be a surcharge (within the UK) to each additional address to cover the cost of postage and packing. We will contact you after you have placed your order to take payment for each additional address.
4.9 It is your responsibility to ensure the delivery address is accurately conveyed, accessible to couriers and suitable for parcel delivery. We cannot accept orders with delivery addresses to PO Boxes or Post Offices. If the parcel is returned due to errors in the address by the customer, we reserve the right to retain payment for courier services.
4.10 We require a minimum of 24 hours' notice before the parcel is dispatched to make any changes to an order. We are only able to add or remove 3 items from the order as originally placed.
5.1 The price of the Goods shall be the price quoted on the Website on the date of acceptance of the order by us. If we find a pricing error on our Website we will inform you as soon as possible and give you the opportunity, if you wish, of reconfirming your order at the correct price or cancelling it. If you cancel and you have paid for the Goods, you will be given a full refund. For the avoidance of doubt, we are neither bound nor liable in any way to provide Goods to you on the basis of any pricing error (obvious or otherwise) found or posted on our Website.
5.2 All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the currently applicable rate. VAT will be deducted for orders made from non-EU resident customers for a non-EU delivery address.
5.3 The price of the Goods does not include delivery. You will pay the delivery charges by the method specified in your order for transport and packaging as quoted on the Website on the date of acceptance of the order.
5.4 Price and availability information is subject to change without prior notice.
5.5 If you tick YES to allow for substitutions of any unavailable fresh fruit and vegetables, you have agreed to allow the Real Foods’ pickers to select appropriate alternatives at their own discretion. We will only ever amend the cost up to a maximum of 10% of the total line cost. We take payment at dispatch so you will always be correctly charged for the goods we send out.
6.1 Payment of the price of an order must be received by us and cleared before despatch of your Goods.
6.2 We accept MasterCard, Visa, Switch, Maestro and Solo for online payment. All transactions are in pounds sterling (£). If paying by credit or debit card, please advise us of the billing address your provider holds on file. You confirm that the credit or debit card that is being used is yours. We cannot be liable for any unauthorised transactions nor can we be held liable for any denied payments which are a result of the information provided by you.
6.3 We value your custom and only take payment when your order is ready for dispatch. Our card provider will ring-fence the full order amount when the order is placed.
6.4 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will contact the cardholder to advise. However, we shall not be responsible for any costs or inconvenience caused by a subsequent delay, denial or payment or subsequent non-delivery of any Goods on the basis of the above.
7.1 Every effort is made to ensure that your order is dispatched within 1 working day of the order paid by credit/debit card, subject to events that are beyond our reasonable control.
7.2 If your ordered item is temporarily out of stock, we will endeavour to ship your complete order within 7 working days. If expected dispatch is longer than 7 working days, we will part ship your order from our warehouse, or contact you to advise of expected delivery times.
7.3 We use 24 and 48-hour couriers within the UK mainland. Delivery in the UK by these methods usually takes 24 hours during a normal working week and up to 3 days for more remote UK addresses. If you would like to track the processing and despatch of your order please call us on +44 (0) 131 557 1911 or email us at email@example.com. Overseas orders can take up to 14 days to be delivered but are usually received within 5-7 days.
7.4 We strive to fulfil all orders containing fruit and vegetables as much as possible; however, due to changes in crops and seasons, some fresh items may be unavailable. On occasion, some ambient items will not have been picked in time for a fruit and vegetable dispatch. If this is the case, we will send all items that are available to you and cancel the remaining items from the order. Any outstanding items will need to be reordered.
7.5 All fruit and vegetable orders are sent out on a Tuesday, Wednesday or a Thursday in order to reach customers at maximum freshness by the weekend. We only use 24-hour couriers for these orders and cannot send fresh items abroad.
7.6 Please note that we do not accept any liability whatsoever for any delay in delivery caused by third parties (including Royal Mail or any mailing or courier service companies) that we may use to deliver your order.
7.7 For delivery outside of the UK, customers must thoroughly check the destination country’s customs regulations. Real Foods are not liable for any goods held or destroyed by customs. VAT and customs charges of the destination country are the customer’s responsibility if goods are purchased for delivery outside the UK.
8.1 The method and address for delivery shall be as specified in your order. Parcels may require a signature on delivery. If you will not be at your home address during normal office hours, you may wish to give us an alternative delivery address, such as a work address. Please ensure we have the full address including your full postal code (PO Box addresses are not acceptable for delivery) and a contact telephone number.
8.2 Upon receipt of the Goods you must inspect the Goods. Upon delivery of the Goods to you, we will also provide you with sufficient details to enable you to:
• exercise your right of cancellation, and
• address any intended cancellation or complaint to the correct place of business.
8.3 If any item arrives damaged or defective, please follow our Damaged Goods procedure
8.4 On occasion, fresh items will be slightly damaged but still usable, we may organise a partial refund for these upon receipt of photographic evidence. We will only accept damage claims for fresh and perishable items within 7 days of receipt of the order.
8.5 Saturday Delivery
• Saturday delivery is subject to an additional fee of £3.99. This charge will be on top of any other delivery fees applied to the order, even if you qualify for free delivery.
• All customers selecting a Saturday Delivery confirm before the order is placed that they have read the following conditions: I am aware that if any items are out of stock, a member of web team staff will be in contact. If no reply is received, the order will be dispatched without the missing items and delivery charges will be updated where applicable. No payment will be taken for the out of stock items, and a new order will need to be placed for these items.
• If the courier fails to deliver the goods on time, the delivery fee will be refunded. Please note that this does not apply if the courier is unable to gain access to the property, the address provided is incorrect, or there is no one available to receive the goods when the ‘Deliver to me only’ delivery option has been selected.
8.6 Any delivery queries must be raised within 7 days of Real Foods dispatching your order for UK addresses. For overseas addresses please raise any queries within one calendar month.
9. POST & PACKAGING
9.1 UK Delivery
• Orders of £49.00 and over are sent FREE to all UK Mainland, Highlands and Skye addresses. This excludes bulk, wholesale purchases.
• We have to make a surcharge for deliveries to Isle of Man, Scottish Islands and Northern Ireland. These will be in line with the charges made by hauliers for such deliveries
• All charges are clearly noted in the basket before checkout
PLEASE NOTE: FREE SHIPPING OFFERS DO NOT APPLY TO ORDERS OUTSIDE UK, AND ONLY ONE COUPON CAN BE USED AT ANY ONE TIME.
9.2 Bulk Wholesale Delivery
• All bulk wholesale deliveries are at cost and excluded from free delivery
• Standard charges apply to UK Mainland, Highlands and Skye addresses
• We have to make a surcharge for deliveries to Isle of Man, Scottish Islands and Northern Ireland
9.3 Europe and Worldwide
Charge calculated by weight based on Royal Mail or International carrier standard charges to relevant countries
The delivery price quoted is an estimate only and in some instances, we may need to contact you. Please note that in some instances the online delivery estimate may be an over or underestimate of the true cost which will then be adjusted when the final order is quoted for by our hauliers. Further payment or refund as is appropriate may be required.
PLEASE NOTE: FREE SHIPPING OFFERS DO NOT APPLY TO ORDERS OUTSIDE UK or orders £49.00 and under. Goods will not be shipped outside the UK without the appropriate shipping fee being paid.
10. CUSTOM DUTIES AND OTHER TAXES
10.1 We cannot be held responsible for any import taxes or duties levied by authorities in the destination country. If you have any queries as regards duty on imports we suggest you contact your local customs office.
11. RISK AND OWNERSHIP
11.1 Risk of damage or loss of the Goods shall pass to you on delivery or, if you fail to take delivery of the Goods, at the time when the Goods are delivered (or delivery is attempted) to you in accordance with your instructions.
11.2 Title in the Goods shall pass to you upon delivery of the Goods and on our receipt of full payment. Legal ownership of the Goods will immediately revert to us if we refund any such payment to you or if the Goods are returned in accordance with any cancellation, refund, return or exchange policy as posted on this Website.
12. CANCELLATION, RETURNS & EXCHANGES
12.1 After placing your order, you may cancel it at any time, up to 14 days after the date of delivery for a full refund. Please return the Goods, unused and in their original packaging together with details of your order number and contact details, within 30 working days of receipt of the Goods to Returns Dept. Real Foods Ltd 37 Broughton Street Edinburgh EH1 3JU, UK for a refund or an exchange. Please note that, for reasons of hygiene, we are unable to offer refunds or exchanges on any opened or used product. Additionally, we cannot offer any refunds for customised or bespoke Goods which are not damaged or defective. We cannot accept returns or exchanges of fresh items, refunds and re-dispatches can only be considered in the event of damaged or poor quality stock being received. If any item arrives damaged or defective, please follow our Damaged Goods procedure
12.2 We will not accept any responsibility for loss or damage to Goods returned in this way until they are received at our address above. We strongly recommend that returns are sent by 'recorded registered delivery' and the original proof of posting is kept. Please note that we are not responsible for return postage other than for incorrectly supplied, defective or damaged Goods. Return postage for Goods returned for any other reason shall be solely at your cost.
12.3 If incorrect goods have been supplied, we will arrange collection for them at our own cost. If you are aware the goods are incorrect please refuse to accept delivery of the parcel. Otherwise, please notify us immediately and a collection will be arranged as soon as is mutually convenient. A refund or re-dispatch, as appropriate, can then be arranged.
12.4 We will arrange collection at our cost for incorrect, defective or damaged goods. If the goods are not available for collection at the arranged time, we reserve the right to charge for any additional collection costs.
12.5 Once we receive the Goods in their original condition, any payments made by you for your purchase will be refunded in full within 30 working days or, where applicable, replacement Goods will be despatched to you as soon as possible with no further costs for you.
12.6 We cannot accept returns for orders placed in the webshop, in either of our Edinburgh stores. Please return to the Webshop Returns Dept. Our shop staff will be happy to help but cannot offer refunds or exchanges for webshop items.
12.7 If the courier has repeatedly attempted delivery with the customer and has returned goods to us after being unable to contact or re-arrange delivery. We reserve the right to deduct courier costs as appropriate. This does not apply to damaged parcels or incorrect goods.
12.8 If, for whatever reason, we are unable to source goods within 30 days of the order being placed, the order will be cancelled and the customer notified.
13. DAMAGED GOODS
13.1 You should inspect the Goods when you receive them for damage.
13.2 You should refuse to accept delivery of goods which are severely damaged and the courier will return the package to us.
13.3 If the damage is minor you should sign for the delivery clearly indicating that the goods are damaged.
13.4 Please contact us within 24 hours of delivery/attempted delivery to inform us of the problem. You can use the contact form here
13.5 You must retain any damaged packaging and goods and provide evidence to ourselves and/or the courier upon request
13.6 You must follow the damaged goods procedure here.
14. DESCRIPTION OF GOODS
14.1 We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, although we aim to keep the Website as up to date as possible, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. We try to include as much information as we feel necessary for you to make an informed choice. The colours on your screen and any product descriptions should be used as a guide only. This may affect nutrition, ingredient, and allergen information. Therefore you should always check product labels before use, and not rely solely on the information presented here.
14.2 In addition, due to the fact that the products are made of natural ingredients and components, slight variations may occur in actual Goods. All dimensions are approximate.
14.3 We ensure that all bulk and wholesale items are only accepted for sale with a minimum shelf life of 3 months. All other items will have a minimum of 2 months remaining of Best Before End dates. This excludes fresh, frozen and short-dated items - these are clearly noted on the website and should be used within the dates noted on the packaging. We will only offer refunds or re-dispatches to any items outwith these timescales at our own discretion.
14.4 Fruits and Vegetables that are sold by the weight will be fulfilled as close to your requested weight as possible. There are some items (Squash, Watermelon, Turnips, Cabbage, Celeriac, etc.) that may be too large and cannot be split. If this is the case, we will fulfil the total weight as much as possible.
15. INTELLECTUAL PROPERTY
15.1 You acknowledge and agree that all intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents, photographs and other materials relating to the Goods) created by us (and or any applicable licensors) shall be, and shall remain our property (or the property of our licensors, as applicable). All design, text, graphics, layout, software and all other materials on this Website are protected by copyright, trademark and other proprietary rights and belongs to us (or our licensors, where applicable) and all such rights remain reserved.
15.2 We give no permission in respect of the reproduction or use for any purpose of any brand names, product names, designs or other material shown on this Website in which intellectual property rights subsist. Unless otherwise stated, users may view, print and download the contents for their own personal, non-commercial use only; the contents must not be used for commercial or business purposes or incorporated in any work or in any publication in any form without prior written permission from us or any applicable licensor or copyright owner.
15.3 By submitting any content data whatsoever including but not limited to recipe, review, image, video, comments and concepts to Real Foods you hereby grant to Real Foods an irrevocable, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your submitted Items and all copyright, trademark or other intellectual property rights therein without compensation of any kind to you or any third party.
15.4 You hereby warrant that you have all necessary right and authority to grant the license set forth herein to your submitted item and that your submitted Item does not violate or infringe any copyright, trade secret, trademark or other intellectual property rights of any third party. Publication or use of any submitted items is at the sole discretion of Real Foods.
16. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
16.1 The Website is presented on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.
16.2 We make all reasonable efforts to ensure that the information on our Website is accurate and up-to-date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.
16.3 In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.
16.4 The limitation of liability noted at clause 16.3 above shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.
16.5 You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.
16.6 Although we accept that we are obliged to take every reasonable step to ensure the authenticity of your credit/debit card transactions, we are not held liable for any damage or loss due to any misuse by any other person of your credit or debit card details.
17. THIRD PARTY LINKS
17.1 We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Our Website may contain links to other internet sites operated by third parties. We may provide such links for your convenience only, and links from this Website to any other website do not imply that we approve of, endorse, or recommend that website. We assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
18. ENQUIRIES, COMMENTS, AND COMPLAINTS
18.1 If you require any more information on our products or services, please e-mail us or call us at the contact details below.
18.2 We hope that you will be delighted by your shopping experience with us. However, if you are dissatisfied with a product or service provided by us, please contact us quoting your unique transaction number and provide us with the details and/or nature of the complaint. We will try to resolve your issue as quickly and easily as possible.
18.3 We can be contacted by telephone, email or post at:
TEL: +44 (0) 131 557 1911 - open 9:00am to 5:30pm (UK time), Monday to Friday.
Post: 37 Broughton Street Edinburgh EH1 3JU
18.4 Any formal legal notices should be sent to us at the address provided above by registered post. Receipt of such notice shall be deemed to have taken place 2 working days after posting. Any formal legal notices that we send to you shall be sent to you by registered post at the last known address provided by you and receipt by you shall be deemed to have taken place 2 working days after posting.
19. FURTHER CONDITIONS
19.1 You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Goods from us, and supersede and govern all prior proposals, agreements, or other communications. No variation of these Terms shall apply unless agreed in writing by us.
19.2 If any provision of these Terms is found to be unlawful, invalid or unenforceable in whole or in part by any court having competent jurisdiction, the invalid or unenforceable provision will be severed from these Terms, and the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby and shall remain in full force and effect to the fullest extent permitted by law.
19.3 Nothing contained in these Terms shall be construed as creating any agency, partnership, or other forms of joint enterprise between us.
19.4 Due to our policy of updating and improving the Website, we may alter the content of this Website at any time. You shall not transfer, assign or sub-contract any obligations under these Terms without our prior consent in writing.
19.5 No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence in relation to these Terms as regards to any of the times, dates and/or periods mentioned herein.
19.6 We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
19.7 We reserve the right to refuse to supply Goods to any person for any reason whatsoever, to withdraw any Goods or offers from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Goods or offers from this Website whether or not such Goods have been sold or such offers have been extended, removing or editing content on the Website or refusing to process a transaction or unwinding or suspending any transaction after such processing has begun.
19.8 Headings in these Terms are for convenience only and will have no legal meanings or effects.
19.9 If you have any questions regarding these Terms please contact us by email firstname.lastname@example.org
20. TERMS AND CONDITIONS FOR GIFT VOUCHERS
These conditions apply to gift vouchers:
20.1 Real foods.co.uk gift vouchers (GV) must be redeemed on the Realfoods.co.uk website towards the purchase of eligible products listed in our online catalogue and sold by Realfoods.co.uk.
20.2 GVs cannot be used to pay for GVs.
20.3 GVs have no cash redemption value and are not transferable or assignable. Realfoods.co.uk may provide GV purchasers with information about the redemption status of GVs that they purchase.
20.4 Any unused balance will be maintained against the redemption code' on Realfoods.co.uk.
20.5 If the order exceeds the amount of the GV, the balance must be paid by credit or debit card.
20.6 GVs and unused portions of GVs expire one year from the date of issue, where permissible under applicable law.
20.7 Normal Realfoods.co.uk terms and conditions of purchase and for using the Realfoods.co.uk website apply.
20.8 Please note that some products available for sale on the Realfoods.co.uk website may not be purchased by persons under a specified age. If you are planning to give a GV to someone under 18 years of age, please ensure that they are made aware that some products are unavailable to them.
20.9 One or more GVs can be redeemed against an order.
20.10 Realfoods.co.uk is not responsible if a GV is lost, stolen, destroyed or used without permission.
20.11 Realfoods.co.uk Gift Vouchers are not redeemable in our Edinburgh stores. They can only be used in our online shop at www.realfoods.co.uk.
21.1 Competition details form part of these terms and conditions. Please check our Facebook, Twitter and Instagram pages for full details of each competition. Where specific terms and conditions apply to a prize or offer, they will take precedence over these terms stated here.
21.2 Entry terms for competitions offered on Real Foods Ltd social media channels: For Facebook competitions each contestant must like the @realfoodsedinburgh Facebook page and any competition partners' Facebook pages as well as liking and commenting on our original post about the competition in order to enter; For Twitter competitions each contestant must follow @realfoods_uk and any competition partners on Twitter as well as like and retweet our original tweet about the competition to enter; For Instagram competitions each contestant must follow the @realfoods_uk Instagram page and any competition partners' Instagram pages as well as liking and commenting on our original post about the competition in order to enter.
21.3 Whilst Real Foods take all of the necessary actions to monitor, reduce and remove spam comments and activity on our competition posts from bots, groups and individuals, Real Foods shall not be liable in the case of any entrants falling victim to an online scam.
21.4 Winners are selected at random from all the entries received by the closing date, except where panel judging by the competition sponsor is employed. Winners are notified using whichever contact method is prescribed in the competition details, within 40 days of the published closing date. Unless otherwise specified, there will be 1 winner per competition offered.
21.5 By entering a prize draw, competition or offer you agree to Real Foods contacting you in relation to this offer and such communication may or may not contain further information or offers as well as a future unsubscribe facility. If you do not wish the Real Foods to contact you more than on one occasion regarding this offer please write ‘No offers’ at the top of your entry email, message or postcard.
21.6 The prize draws and competitions are only open to those who are residents of the UK at the time of their entry and who are aged 18 or over. You may enter more than one draw but there is a maximum of one entry per person per prize. Prizes can only be despatched to residential addresses within the UK.
21.7 The prize draws and competitions are not open to employees (or members of their immediate families) of Real Foods Ltd or any subsidiary of Real Foods Ltd.
21.8 The prize draws and competitions are not open to anyone professionally connected with each individual prize draw and competition, including employees of any companies providing competition prizes, or employees of any companies which have products entered for voting in awards.
21.9 Entries by third parties are not accepted. All entries must be made directly by the person entering the competition, no group, mass or software entries will be accepted.
21.10 Real Foods Ltd reserves the right to disqualify an entry if it has reasonable grounds to suspect that fraudulent activity has occurred or if it considers there has been any attempt to rig the competition.
21.11 Entries received after published closing dates will not be put forward for the prize draw.
21.12 In the event of competition entries submitted by post, proof of sending does not constitute proof of receipt and no responsibility can be accepted for entries that are lost, delayed, incomplete or damaged. Entries by third parties are not accepted.
21.13 By entering the draws you agree to participate in Real Foods Ltd publicity if you win.
21.14 In the event of unforeseen circumstances, the promoter reserves the right to offer an alternate prize or equal or greater value. If winners are unable to take the prize or are not contactable after 21 days, a redraw may take place or offer withdrawn where appropriate.
21.15 Winners accept prizes at their own risk. Due to the nature of the competition prizes shall not be returned.
21.16 Worldwide copyright of each entry belongs to Real Foods once submitted. Real Foods have the unrestricted right to publish any entries and/or use them for promotional purposes. Entrants must be prepared to take part in publicity.
21.17 Prizes announced and therefore awarded must be claimed by winners within 1 month of being awarded. This does not include the time it takes to present prizes awarded.
21.18 There are no cash alternatives to the prizes and prizes are not transferable. The publisher’s decision is final and no correspondence can be entered into.
21.19 Real Foods Ltd shall not be liable for any loss or damage whatsoever, arising from prize/competition administration or winners’ acceptance and use/enjoyment of the prizes.
21.20 Entries that do not comply in full with these entry terms and conditions will be disqualified. Entrants will be deemed to have accepted these terms and conditions and agreed to be bound by them when entering this competition
22.1 Click+Collect is free for all orders.
22.2 Please bring proof of ID and a copy of your confirmation email when you collect your order.
22.3 Some items are excluded from this service including chilled and frozen products and fresh fruit and vegetables. All other items that are available to order on the website may be collected from a Real Foods store.
22.4 If you place your order before 22.00 all items available in store will be picked overnight. Any items not available in store will be in our supply chain and may take up to 7 days to be delivered.
22.4 You will be sent an email the day after you placed the order indicating any products that were not available at the time of making up the order. If you do not wish to wait for the order to be complete, or would like a substitute please contact our web team.
22.5 Payment for your order will only be taken once it is ready to be collected.
22.6 We will email you once your order is ready for collection. A reminder email will be sent after 7 and 21 days if the order remains uncollected. If the order still remains uncollected after 28 days it will be returned to stock and a refund issued - see 22.7.
22.7 Real Foods reserves the right to deduct an administration fee of £5 from any refund amount resulting from non-collection. If the value of the product ordered and not collected does not exceed £5, the value of the product will be deemed to be the admin charge and no refund will be issued.
22.8 We reserve the right to change the conditions of this service at any time.
23. CLICK+COLLECT EXTRA
23.1 Click+Collect Extra is a same day service and as such terms differ from our standard Click+Collect service.
23.2 Click+Collect Extra is available from our Broughton Street shop only.
23.3 Click+Collect Extra is subject to handling charges. Orders are charged at £4.99.
23.4 Please bring proof of ID and a copy of your confirmation email or text when you collect your Click+Collect Extra order.
23.5 Click+Collect Extra includes chilled products and fresh fruit and vegetables but excludes frozen products. All other items that are available to order on the website may be collected from our Broughton Street store.
23.6 If you place your order before 12.00 all items available will be picked for collection only between 19.00 and 20.00 the same day. Any items not available at the time of picking your order will be cancelled from your order.
23.7 You will be sent an email the same day you place your order indicating any products that were not available. Substitutions are not available as part of this service.
23.8 Payment for your order will only be taken once it is ready to be collected.
23.9 We will email and text you once your order is ready for collection. If the order is not collected during the specified collection time (see 23.6) it will be returned to stock and a refund issued (see 23.10).
23.10 In the event of an order not being collected only the goods total will be refunded, the handling charge will NOT be refunded.
23.11 We reserve the right to change the conditions of this service at any time.
24. GOVERNING LAW
24.1 This Website and these Terms are governed by and construed in accordance with Scottish law. You hereby agree unequivocally that any disputes arising in connection with this Website or these Terms shall be subject to the exclusive jurisdiction of the Scottish courts without exception.
Last Updated: May 2020