Oddbox Delivery Ltd - 2019 Terms & Conditions of use
These terms and conditions apply between you, as User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Oddbox Delivery Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Oddbox Delivery Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Oddbox Delivery Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Oddbox Delivery Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Oddbox Delivery Ltd.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes, including if you do not live in our delivery area, or if you breach these terms and conditions.
8. You may cancel your registration at any time by accessing informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
9. If you wish to purchase a home box, you must ensure that Oddbox Delivery Ltd are provided with details of a valid credit or debit card bearing either the MasterCard or Visa symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the 'My account' section of the Website or by calling us via the contact details on the Website.
10. Redacted payment information is stored within our systems for administrative purposes; we do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any Oddbox Delivery Ltd staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders.
11. Your card will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will submit our request for payment to your bank a maximum of 72 hours in advance of your delivery. We cannot, however, accept any liability for how long it takes the bank to process the payment.
12. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
13. If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders via our website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the website again. You can, however, change orders by emailing us (contact details are on the website), during our office opening hours and subject to our order deadlines.
14. The following payment methods: Direct Debit and BACS will be used solely for office customers and can be arranged by emailing us via the contact details on the website. Our payment terms are as specified / agreed at the time of ordering and usually 14 days from the date of invoice.
15. We reserve the right to suspend deliveries to you and/or terminate our agreement with you in case of any outstanding payments not settled within the agreed payment terms.
16. For home boxes/products, you may submit orders for products by using our online ordering facility on the website at any time after you have created an account. For office boxes, you may submit orders for products by emailing us at [email protected] The facility and our communications to you in relation to any order or contract will be in the English language. For home boxes, the facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
17. For home boxes/products, each product for which you click ‘Add to Delivery’ is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to view your basket details by clicking the basket icon. You can change these, or cancel the purchase of each of the products completely, at this stage, at any time before clicking 'Checkout securely'. After you have clicked 'Checkout securely' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the products that you have already ordered from us, and make amendments and corrections to them until the cut-off deadlines mentioned on your account.
For office boxes, you may make any changes to your order for the following week by emailing us before the cut-off of Wednesday 6pm.
18. Your submission of an order amounts to an offer to enter a contract to buy the products from us; subject to paragraph 17, you cannot then withdraw or cancel your order except as stated below.
19. For home boxes/products, no order is accepted from you until our website displays an order confirmation message. This message is displayed after you click 'Checkout securely' in the shopping basket 'order summary' page. When you order by email for our office boxes, your order will be accepted (or rejected, as the case may be) in writing by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
20. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute within seven days from getting the product, and you will not be charged for it, or, if you have paid already, we will refund the full amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.
21. Subject to clause 22 below, the price that we charge you for the Products will be the price stated by us on the website prior to you clicking the 'Checkout securely' button or agreed in writing via email.
22. All products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a 'subscription' customer (e.g. where you choose to have repeat orders of products) the prices for certain products may therefore differ from the price for those products when first ordered by you. The prices for all products ordered on a subscription basis shall be those prices for the products stated on our Website. We recommend that you check the website regularly.
23. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the cut-off deadlines, for home customers indicated on your account or for office customers as mentioned above. We are also happy to inform you of these deadlines by email if you wish to contact us by email. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published cut-off deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and obtain some of the products especially to fulfil your order and may not be able to sell the products elsewhere. For any payments you have made for orders which have been properly cancelled, a credit will be applied to your account.
24. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
25. All prices for products are inclusive of any applicable VAT.
Delivery of products and inspection by you
26. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website.
27. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
28. Where we agree with you that we will hold a key to your premises and make delivery of the products to a place within those premises by using the key, the following terms shall apply:
we will use our reasonable endeavours to ensure that we hold the keys securely;
we will use our reasonable endeavours to ensure that the products are delivered to a place within the premises that you and we have agreed;
save in respect of losses, damages or costs caused by our negligence in relation to our holding and use of your keys (for which we shall be liable to you for all such losses, damages and costs that were foreseeable by you and us at the time we entered into the contract for the supply of the products), we shall not be liable to you for any losses, damages or costs (whether in contract or tort) arising from our holding and use of your keys;
nothing in this paragraph shall limit or exclude our liability for death or personal injury or damage to property caused by our negligence or wilful misconduct.
29. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for products unless or until we have delivered them to you and will either issue a credit to your account or refund you for the full amount charged for the product we couldn’t deliver.
30. We will not charge you for incorrect products (Products that you have not ordered and substitutes for those products which substitutes are not acceptable to you) or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered.
31. You must inspect the products as soon as possible after delivery and notify us within a maximum of seven days from the day of delivery if you find any defects, by emailing us or writing to us at the email or physical address mentioned below. We will refund you the full amount charged for defective products. Otherwise our liability is limited as provided in paragraph 52 to 54.
32. I understand that I need to give my fruit & veg a good wash before eating.
Your consumer right of return and refund
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.
You have the right to cancel an order (or the whole subscription) either online directly on your account or by email within the normal business hours of 9am to 6pm, if you notify us before your indicated cut-off (see our contact details below). We agree to cancel your order and will not charge you for it. You will need to tell us whether you just want to cancel your next order(s) or your whole subscription with us.
Right of return and refund if the Product is defective or not as described: Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are defective or not as described. If the Products we deliver to you are defective or are not as described on our Website, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within seven days from delivery of the Products and if possible we ask that you send us a photograph as evidence of the defective or misdescribed Product – this will assist in processing your refund quickly).
We will ask you to safely dispose of such Product and if we agree that it is defective or misdescribed (acting reasonably) we will offer you the choice of either an exchange or a refund of the price of the Product in full.
We will refund you within 14 days after the day on which (whichever is the earlier of):
the day we receive the Product back from you;
the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
the day on which you provide us with acceptable evidence that the Product is defective or misdescribed and we have agreed for you to throw the Product away safely.
We try our best to ensure that our Products are perfect 100% of time, but we are sure you will agree that this is not always possible. In the event of a minor error (for example, failing to include one product, or substituting a red pepper for a yellow pepper) we reserve the right to use our discretion as to the amount of the refund. We will act reasonably and may offer you a partial refund or a voucher.
We will refund you by the method used by you to pay.
Your legal rights: Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. Your legal rights are not affected by your right of return and refund in this condition or anything else in these terms and conditions.
Links to other websites
33. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oddbox Delivery Ltd or that of our affiliates.
34. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
35. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
For the purposes of EU data protection law, Oddbox Delivery Limited is your data controller.
38. Information We Collect:
a. In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:
i. We collect and store the information which you give us via forms on our website or apps - such as your name, address, email address, phone number (“contact data”) - or when communicating with us by email, or in some other way.
ii. We may also collect and store your IP address (“customer behaviour data”) to improve your shopping experience by suggesting suitable products for you, based on previous purchases.
iii. We collect your bank card details (payment information) in order to process payments and refunds.
iv. We collect survey data (biannual survey, etc.) which can include household makeup (number or kids and age bracket), age (bracket not birthday), gender and food preferences/allergies in order to understand how we are serving different types of customers and what we need to do to improve their experience
Under GDPR, we will use the lawful basis of “contractual”, where we use contact and payment data to fulfil orders. When we use contact, survey, or customer behaviour data for marketing reasons, the lawful basis will be “consent”, or “legitimate interest”. If you would like further information, please contact us using the details within this privacy notice.
39. The information we collect is used in the following way:
i. We use “contact data” to provide our services : e.g. send service messages, communicate to you about your account/orders and to fulfil orders. We use “payment information” to process payments and refunds.
ii. If you have given permission, we may use your “contact data” to send you marketing emails, mails, calls or SMS with details of our, or third party goods or services which may be of interest to you, including information about special offers or promotions. We may use information we collect on you to recommend you recipes and to improve our service for you and other customers.
iv. If you supply us with a friend’s email address for the "Refer A Friend" programme, we will use that email address to send a special offer to your friend. We will provide your name in the offer email to your friend, so that they know where we got their contact details from.
v. We retain your data during a period of 36 months after the last order. We do that in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations and take other actions as permitted by law.
41. We may allow access to your personal data by third parties who supply us with a service. Examples include e-commerce platform providers, couriers (to enable delivery of goods), website hosts, content delivery networks and businesses which assist us in undertaking communications or monitoring our website. We share your payment information with Stripe (our payment gateway) in order to process the payments of your orders and any potential refund, your contact details to Mailchimp in order to send our newsletter, your contact details to Xero Ltd to issue our clients with invoices for services we provide them with.Your personal data may be supplied by our payment partners to relevant third parties including credit reference and fraud prevention agencies, who may keep a record of that information. We may disclose personal data so far as reasonably necessary if we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if there has been a complaint about content posted by you, or if we are required to do so by law or appropriate authority.
42. You have the right to request a copy of your information, to rectify your information, to opt out from marketing communications and to request the deletion of your information. Below, we describe the processes for making these requests.
i. Update / rectify your information: You can easily correct/change the following personal information on “My Account” page by logging in to your account on our website or apps: first name and last name, email address, phone number, payment details, billing address, delivery address.
Alternatively you can contact us at [email protected]
ii. Opt out of marketing communications: You can easily opt out by emailing us at [email protected].
iii. Access your information: You have the right to request personal data that we hold about you, subject to us reserving the right to withhold such data to the extent permitted by law. Contact us at [email protected]
iv. Delete your information: You have the right to request to delete all the personal data that we hold about you. Contact us at [email protected].
If you wish to contact us about anything to do with your data and Oddbox, please Contact us at [email protected] or write to us at Oddbox, Flat 5, 155 Endlesham Road, London SW12 8JN.
44. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you come back to the site or browse from one page to another.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
45. We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
46. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.
The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.
Some of our pages or subsites may use additional or different cookies to the ones described above. If so, the details of these will be provided in their specific cookies notice page. You may be asked for your agreement to store these cookies.
47. You can control and/or delete cookies as you wish - for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
Availability of the Website and disclaimers
48. Any online facilities, tools, services or information that Oddbox Delivery Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Oddbox Delivery Ltd is under no obligation to update information on the Website.
49. Whilst Oddbox Delivery Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
50. Oddbox Delivery Ltd accepts no liability for any disruption or non-availability of the Website.
51. Oddbox Delivery Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
52. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
53. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
54. To the maximum extent permitted by law, Oddbox Delivery Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
55. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
56. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
58. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
59. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
60. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
61. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
Oddbox Delivery Ltd details
62. Oddbox Delivery Ltd is a company incorporated in England and Wales and it operates the Website www.oddbox.co.uk.
63. Oddbox Delivery Ltd owns the Trademark to Oddbox.
You can contact Oddbox by email at [email protected] or write to us at Oddbox, Flat 5, 155 Endlesham Road, London SW12 8JN.