Terms and Conditions of Supply
1. THESE TERMS
These are the Terms and Conditions on which we supply our Products to you, whether these are goods, services or digital content.
Please read these terms carefully before you subscribe to Munchachos Ltd or submit your order to us. These terms tell you who we are, how we will provide our Products to you, how you and we may change or end our contract with you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or any changes are required, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
www.munchachos.com is a website operated by Munchachos Ltd (the "Company", "we", "us", "our"). We are registered in England and Wales under company number 10697445 and have our registered office and correspondence address at Suite 10, Imperial Studios, 3 - 11 Imperial Road, London, England, SW6 2AG. Our VAT number is 271 0281 34.
We are a limited company.
To contact us, please contact us here or write to the correspondence address above.
If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
3. JOINING US
In order to purchase our Products from our website, you must first register to set up an account with us by completing the registration form on our website.
When signing up you need to provide:
- Your full name;
- A valid and current email address;
- Your delivery address; and
- Your payment card details.
You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever, including the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these Terms and Conditions or is otherwise being abused.
You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
4. OUR CONTRACT WITH YOU
Our contract with you is for the delivery of our Products on a subscription basis.
When you register an account on the website you will automatically be signed up to receive a regular delivery of our Products in accordance with your preferences. You can manage and make changes to your orders at any time. Please see the FAQ page for more details.
You may submit orders online at any time after you have created an account. Our website allows you to review your order(s) and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
Our acceptance of your order will take place when we email you to accept and when our website displays an order confirmation message; at which point a contract will be entered between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for your order. This might be because our Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we encountered an issue with your payment details, because we have identified an error in the price or description of our Product or because of an error in the delivery address.
Your submission of an order amounts to an offer to enter a contract to buy our Products from us. You can only withdraw or cancel your order as specifically stated in these Terms and Conditions.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about an order.
Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
We select the contents of your boxes based on the availability of our Products and customer feedback. We reserve the right to not send certain combinations of our Products together in a box.
Subscriptions shall automatically renew, in accordance with the payment frequency i.e. if you pay to receive our Products weekly your subscription will be automatically renewed every week. You can cancel your subscription at any time. Please see the "Your Rights to Cancel The Contract" below.
5. OUR PRODUCTS
Our Products include our snacks, boxes, pouches, stamps and leaflets, collectively referred to as our "Products".
The images of our Products on our website are for illustrative purposes only. We have made every effort to display our Products accurately, however, the Products you receive may vary slightly from those images. Our Products are handmade and all sizes, weights, capacities, dimensions and measurements indicated on our website are as accurate as reasonably possible.
The packaging of our Products may vary from that shown in images on our website.
We will deliver our Products to the address that you have provided to us and you are responsible for ensuring that these details are correct.
Our Products, and the delivery of our Products, encompass everything available for sale on our website.
6. WHAT THE PRODUCTS CONTAIN
We provide a list of our Product's ingredients on our Munchables webpage. Our Products may contain any of the following ingredients / substances which may cause allergies or intolerances:
- cereals containing gluten and gluten Products;
- nuts (i.e almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut and macadamia nut);
- sesame seeds; or
- soya or soybeans.
As all of our Products are prepared in the same environment, we are unable to guarantee that our Products are completely free from any of the ingredients or substances listed above.
We include nutritional information relating to each snack on our website on the Munchables webpage. Your box will also come with a leaflet containing this information relating to the snacks you have received.
Actual Product packaging and materials may contain more and or different information to that displayed on our website.
You are prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and / or distributing in any form whatsoever any of our Products and or services displayed.
7. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your subscription, please see the Orders and Deliveries section of our FAQ webpage for more details.
If changes made to your subscription preferences are not possible before your next delivery, we will ensure the changes, if possible, will be made for subsequent orders.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may choose to cancel your subscription (see Clause 10, below).
8. OUR RIGHTS TO MAKE CHANGES
We may change our Products:
- To reflect changes in relevant laws and regulatory requirements – this may include food and / or packaging regulations;
- To implement minor technical adjustments and improvements, for example to address a security threat, improve recipes and our ability to provide our service. These changes should not affect your use of our Product. Should these changes affect your use of our Product, we will notify you; and
- We may update and / or require you to update digital content.
9. PROVIDING THE PRODUCTS
The cost of delivery will be as displayed to you on our website and included in your order confirmation.
We deliver only to physical addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
Boxes are delivered through a standard sized letterbox by your local Postal Worker. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:
- Our stock availability;
- Your delivery address;
- When you make your selection; and
- Circumstances impacting delivery by the postal service. We reserve the right to use alternative delivery methods without prior notification.
- You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected day of delivery.
Our boxes are designed to the specific dimensions of a standard letter box in the United Kingdom. If your box does not fit through your letter box and you are out when it is delivered, your local Postal Worker should leave a card at the address with information about collection or re-delivery. It is your responsibility to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed.
Where the above process is followed: please report the problem to us online, here. If you change your address, you must update your address details in your account to ensure that boxes are not sent to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location as a result of you not informing us of a change of address. You can see the order cut-off times at here.
If you are dissatisfied with any Product you receive from us, please contact us here. We retain the right to request a return of any faulty goods by recorded delivery to Munchachos Ltd and the Product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
If you place an order for multiple one-off boxes, please be aware that they will still be sent via your local Postal Worker and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
We endeavor to ensure that all boxes arrive before the beginning of the week. We will supply our Products to you until your subscription expires (if applicable) or you end the contract as described in Clause 10, below, or we end the contract by written notice to you as described in Clause 11, below.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your subscription and receive a refund for any Products you have paid for but not received.
The Products will be your responsibility from the time we deliver or first attempt to deliver the Product to the address you gave us.
You own the Product once we have received payment in full.
We may need certain information from you so that we can supply our Products to you, for example, your full name; a valid and current email address; your delivery address; and your payment details. If so, this will have been stated in the Checkout page on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end your subscription or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. This is referred to in the "Our Contract With You" section, above.
Reasons we may suspend your subscription, include:
- To deal with technical problems or make minor technical changes;
- If it becomes apparent that, in our opinion, the postal service in your area is too unreliable;
- To update our Product to reflect changes in relevant laws and regulatory requirements; or
- To make changes to our Product as requested by you or notified by us to you.
We will contact you in advance to tell you we will be suspending your subscription, unless the problem is urgent or an emergency. If we have to suspend or cancel your subscription we will ensure that you do not pay for the subscription while it is suspended or once cancelled.
If we do not receive payment before the cut-off time we reserve the right to suspend the subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your subscription.
10. YOUR RIGHTS TO CANCEL THE CONTRACT
You may cancel or amend your subscription at any time before the cut-off times relevant to your delivery day by visiting your home page and selecting ”Subcriptions” in “My Account”and follow the steps. For more details please see our Help and FAQs . If you've already paid for your next order, that will be the final Product you receive and no further charges will be made.
Details of our cut-off times are available at here. Cut-off times may vary in the approach to a bank holiday. Cancellation must be made via our website. You remain responsible for ensuring that any such change or cancellation is not only effected by you, but received by us, in time for the deadline.
Due to the perishable nature of the goods we deliver, you do not have the right to cancel an order for the purchase of our Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
As our Products are made-to-order and personalised, they cannot be returned for any reason unless they are faulty.
11. OUR RIGHTS TO END THE CONTRACT
We reserve the right to terminate, restrict or suspend your use of our service, for any or no reason whatsoever. One reason for doing so may be that we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
We may cancel your subscription under these Terms and Conditions by written notice to you if:
- We are unable to process your payment when it is due. See here for more information;
- You do not provide us with information that is necessary, accurate and up to date for us to provide our Products; for example, your full name, your email address, your delivery address and payment card details;
- You do not allow us to deliver our Products to you with sufficient prior notice; or
- We are prevented from fulfilling your subscription through any event beyond our reasonable control, including without limitation any technical error, unavailability of any raw materials, components or Products, utilities failure, industrial dispute affecting us any relevant third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event.
If we end the contract in the situations set out in Clause 11.2 we will refund any money you have paid in advance for our Products we have not provided less reasonable compensation for the costs we will incur as a result of your cancellation.
We may withdraw the Product. We may write to you to let you know that we are going to stop providing the subscription. We will let you know as soon as reasonably practicable of our stopping the supply of the subscription and will refund any sums you have paid in advance for Products which will not be provided.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the Product or service, please contact us here.
We are under a legal duty to supply our Products that are in conformity with the subscription. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
if within one week of receiving your Products, your goods are faulty, rotten, or passed their best before date, then may be entitled to compensation.
13.PRICE AND PAYMENT
The price of our Product (which includes VAT but excludes postage) will be the price indicated on our website from time to time.
You will be charged as follows: boxes due by Sunday will be charged on the previous Tuesday from 00:00. Payment in full will be taken at this time.
Payment times may vary in the approach to a bank holiday, when we may take payment up to seven days earlier.
Payment will be made through a third party payment gateway. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
If your payment fails for whatever reason, you will be notified by email and we will retry the payment several times.
If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future orders to help prevent any interruption to the subscription. If you would prefer to opt out from this service, please contact us us here.
You agree not to hold us responsible for banking charges incurred due to payments on your account.
Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any services or prices for our Products at any time. We agree to notify you at least 30 days in advance of any change in fees.
Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or reauthorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.
Payment is taken for all orders prior to the order being dispatched. We cannot accept responsibility for an order being held back or voided as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details resulting in the order being sent to an incorrect address.
Please contact us promptly if you think an invoice is incorrect.
14. FREE OR DISCOUNTED OFFERS FOR SUBSCRIPTION BOXES
From time to time, Munchachos may run marketing promotions that entitle new customers to discounts on their first box or boxes, up to and including the full cost of the box. If you redeem one of these promotions you will be entering a rolling weekly subscription. You will not receive the first box if you decide to cancel the service before your first box has been dispatched.
There is no obligation to continue past your free or discounted box, but you will need to cancel future orders before your next billing date, details of which can be found in your account. You can find the billing and shipment date of your subscription by logging into your account.
Free or discounted introductory offers are only available to the first account opened per household. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
Except where otherwise stated, discounts and credits are available only once to any household or person.
Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
You must have internet access and valid payment details to redeem a free or discounted offer.
You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the Munchachos service until you elect to cancel scheduled boxes.
If you are not entitled to a discount, we reserve the right to charge you the full price for your order.
Discounts and credits can only be redeemed against our Products, not delivery charges or outstanding sums due.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if, either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Products under the Consumer Protection Act 1987
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may end your subscription at any time.
You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms and Conditions.
These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, subcontract or delegate any of your obligations under these Terms and Conditions.
Accounts with us are not transferable and therefore cannot be sold or traded.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a Court finds part of this contract illegal, the rest of the contract will continue in force. Each of the terms in these and other related documents operates separately. If any Court or relevant authority decides that any of these terms are unlawful, the remaining paragraphs will remain in full force and effect.
18. INDEMNITY AND WARRANTIES
Our website and its entire contents are provided on an “as is” basis. No warranty whatsoever is given that the information, Products and or services offered on our website are fit for a particular purpose. We cannot be liable or responsible for any errors, omissions (in the content of our website or otherwise), failures, delays, or interruptions pertaining to any aspect of our Products or our website in general. All other warranties whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. We may at any time cease any and all aspects of our website including the offering of any and all Product(s) and or service(s) currently displayed on our website. You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this these terms, your general use of the Product(s), any misuse of the Product(s), and/or to your use of our website.
19. ENTIRE AGREEMENT
This Agreement and the pages on our website to which these terms refer, constitute a contract that governs the relationship between us and you. They supersede and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of both you and us. If any of the provisions of this Agreement are declared void in an application of law, a regulation, or a final decision of a Court having proper jurisdiction, all other provisions shall remain in full effect.
20. NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
21. FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of our website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
22. THIRD PARTY RIGHTS
Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
23. CONTACTING US
If you have any questions or concerns about our terms and conditions, or about any part of our service we are always happy to help. Please write to us here.
24. WE MAY MAKE CHANGES TO THESE TERMS
We amend our Terms and Conditions of Supply from time to time. Any changes we make in the future will be posted on this page and, where appropriate, notified to you by e-mail. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.