Terms & Conditions
This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. [Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it OR Please note that before placing an order you will be asked to agree to these Terms.]
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms [or save them to your computer] for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 24 April 2020
These Terms, and any Contract between us, are only in the English language.
This website www.miriamsmunchies.co.uk ("Site") is owned and operated by Miriam's Munchies Ltd ("us", "our" or "we").
These Terms and Conditions govern the sale of goods by us, to you, via our Site, and will form the basis of any contract of sale between us ("Contract"). Please read these Terms and Conditions carefully placing your order as you will be deemed to be bound by them.
Before placing an order you will be asked to agree to these Terms and Conditions. Please click on the button marked 'I Accept' at the end of these Terms and Conditions if you accept them. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Site.
You should retain a copy of these Terms and Conditions for future reference.
We amend these Terms and Conditions from time to time as set out in section 15. Every time you wish to order Products, please check these Terms and Conditions to ensure you understand the terms which will apply at that time. These Terms and Conditions were most recently updated on 1 October 2020
These Terms and Conditions, and any Contract between us, are only in the English language.
Please check our FAQ page for the most common questions regarding ordering and delivery.
1. About us
1.1 Miriam's Munchies Ltd is a limited liability company incorporated in England and Wales with Registered Number 08669684. Our registered office is at 46 Crown Street, Harrow, HA2 0HR. Our main trading address is 405-7 Station Road, Harrow, HA1 2AT.
1.2 Our VAT number is GB 158324405.
2. Your account
2.1 You may register with us when purchasing Products by means of the Site. Please ensure any details you provide us with are true, correct, complete and up to date. Please inform us immediately of any changes to those details.
2.2 Please inform us immediately if you have any reason to believe that your username and/or password are known to anyone else, or are being, or are likely to be, used in an unauthorised manner. You can access and update your details using the 'Account' area of the Site.
2.3 We reserve the right to terminate accounts, remove or edit content at our discretion.
3. Purchase of products
3.1 Our Site service permits you to purchase Products from us. All purchases of Products made by you on our Site are subject to these Terms and Conditions.
3.2 Your order constitutes an offer to us to buy a Product from us. After placing an order, you will receive an email from us confirming the fact that we have received your order and summarising the details of your order ("Order Confirmation"). This is the point at which we accept your order and the Contract is formed, subject to these Terms and Conditions. The contract is completed when the goods are completed, subject to these Terms and Conditions.
3.3 If you notice an error in the Order Confirmation you must notify us by email by 6pm on Sunday for delivery of Products on Wednesday and/or by 6pm on Wednesday for delivery of Product on a Saturday.
3.4 If you wish to make any additions to your order after you have received the Order Confirmation, you must purchase the additions from the Site in the same way as you placed your order. Please note that the order of additions must be placed by 6pm on Sunday for delivery of Products on Wednesday and/or by 6pm on Wednesday for delivery of Product on a Saturday.
3.5 As of 28 April 2020, save in the case of additions to your order or variations to your subscription order, we are unable to accept amendments to orders until further notice.
3.6 If we are unable to supply you with a Product, for example because that Product is not in stock or is no longer available, we will inform you of this by email as soon as possible. We may substitute an item of equal or greater value than the original item listed, or issue a refund for the Product. This applies to items within our Essentials Boxes and mixed orders. Where we have substituted an item, you may elect to receive a refund rather than accepting the substitute item by contacting us by email.
3.7 If there is an error with the price, we will contact you as soon as possible using the contact details you provided during the order process. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled and we will notify you. We will not be obliged to honour such orders. if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
4.1 All payments for Products must be made in full when the order is placed. We cannot accept a purchase order until your payment has been received by us.
4.2 You can only pay for Products on our Site using a debit card or credit card. We only accept the following cards: Visa, Mastercard.
4.3 For one off orders, your debit or credit card will be charged immediately. For subscription orders, your debit or credit card will be charged on the billing anniversary according to the frequency of the order.
4.4 Our website uses SSL encryption technology to the Payment Card Industry Data Security Standard. All direct payment gateways adhere to these standards, as managed by the PCI Security Standards Council, which is a joint effort of brands including Visa, MasterCard, American Express and Discover. These requirements ensure the secure handling of credit card information by our Site and its service providers. More details can be found at https://stripe.com/gb/privacy
4.5 We cannot guarantee the security of data when communicating with us via email. Accordingly, please do not send us payment information using those mediums.
4.6 Unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5. Product descriptions and specifications
5.1 We have made every effort to ensure that the Products displayed on this Site conform with the descriptions and photographs. The colours, specifications, dimensions and descriptions are quoted as accurately as possible.
5.2 The images of the Products on our Site are for illustration purposes only. The colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Products on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
5.3 Many of our Products are handmade, therefore their sizes, weights, capacities, dimensions and measurements may vary.
5.4 We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on the Site without prior notice.
5.5 The packaging of the Products may vary from that shown on images on our site.
5.6 All Products shown on our site are subject to availability. If a Product you have ordered is no longer available, we will take the steps set out in clause 3.6 above.
6. Price of products and delivery charges
6.1 The prices of the Products will be as quoted on our Site from time to time. We have made every effort to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will take the steps set out in clause 3.7 above.
6.2 Prices for our Products may change from time to time, but changes will not affect any order which we have accepted with an Order Confirmation.
6.3 Products are priced in GBP sterling. The prices displayed on the Site include Value Added Tax (where applicable) at the current rate charged in the UK. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site from time to time. Delivery charges will be calculated once you enter your delivery address and will be displayed before you finalise your order.
7.1 For delivery of Products on a Wednesday, orders must be placed by 6pm on Sunday. For delivery of products on a Saturday, orders must be placed by 6pm on Wednesday. Any orders made after this time will be for delivery on that day the following week.
7.2 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.3 Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery.
7.4 Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
7.5 From August 2020, and until further notice, we are only able to deliver to the following postcodes: HA1, HA2, HA3. If a delivery address outside of these postcodes is provided, we will contact you as soon as possible using the contact details you provided during the order process. You will have the option of reconfirming your order with a delivery address within these postcodes or cancelling it. If we are unable to reach you, your order for delivery outside of these postcodes will be cancelled and we will notify you. We will not be obliged to honour such orders.
7.6 You own the Products once we have received payment in full, including all applicable delivery charges.
8.2 In particular, when you place an order, we collect certain personal and transactional information such as your name, address, email address and credit/debit card details, in order to process your transaction and to send marketing information about similar goods and services.
8.3 We may use information we hold about you for the purpose of responding to your enquiries, fulfilling your order and delivering Products to you, sending marketing communications, maintaining your online account or preventing and detecting fraud. We may also transfer your data to third parties for the purposes of delivering any Products you have ordered to you, fulfilling orders, analysing and profiling data, processing payments and providing customer service.
8.4 Where you have purchased or enquired about Products, we may provide you with information about similar goods, services or promotional offers. If you do not wish to receive such information, please inform us at the time that you provide us with your personal data and contact details. You will also be given the option to op-out of future communications in each electronic communication. Where you have not previously enquired about, or purchased our Products, we will not send you information about them unless you have consented to receiving it.
9. Age Restrictions
9.1 We only sell Products to adults (i.e. those aged 18 or over). If you are under 18, you may use our Site only with the involvement of a parent or guardian. By placing an order with us it is confirmation that you are of legal age.
10. Cancellations prior to delivery
10.1 Because many of our Products are made to order, once an order is placed it may not be possible to prevent despatch. If you wish to cancel prior to despatch, you must contact us by email on email@example.com by 6pm on Sunday for delivery of Products during that week.
10.2 In the event that orders cannot be stopped or cancelled prior to delivery, you may return the Products to us in accordance with the terms set out in section 10 below.
11. Cancellation rights
11.1 This section applies to consumers only.
11.2 You have the right to cancel your order without cause within 14 days from the day after you receive the Products, except in relation to:
· Perishable goods and other items likely to expire rapidly, which includes baked goods, beverages, coffee and gift boxes or our Essentials Boxes containing such items;
· Sealed items where the seal has been broken; and,
· Personalised, custom-made products or products made to your specification. These are exempt from the right to cancel, as set out in regulation 28 of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013. This does not affect your right to cancel your subscription in line with the details set out in clause 11.4 below.
11.3 If you wish to cancel and return your purchase, please contact us in writing, either by email at firstname.lastname@example.org or by sending a letter to Miriam's Munchies, 405-7 Station Road, Harrow, HA1 2AT. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. You will be given instructions about where to return the Products which must be made without undue delay and in any case within 14 days of notifying us. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. When the Products have been received and checked by us, a refund for the price paid for the Products and any applicable delivery charges will be issued as soon as possible and, in any event, within 30 calendar days of the day on which you gave us notice of cancellation. Please note that the cost of returning the goods is your responsibility.
11.4 You may cancel your subscription order at any time. For subscription orders, your debit or credit card will be charged on the billing anniversary according to the frequency of the order. If you wish to cancel your subscription prior to payment for the next delivery, you must cancel your subscription prior to your billing anniversary. To cancel your subscription, please use the 'Account' section of the Site and also notify us by email at email@example.com.
11.5 The provisions of this section do not affect your statutory rights.
12. Items damaged in transit, defective or incorrect
12.1 We do hope that you will be pleased with your purchase from us. However, if upon collection or delivery of the Products you find that they are not those ordered by you, or the order is incomplete, or a Product is defective, or a Product is in a damaged condition when you receive it, please notify us immediately by email at firstname.lastname@example.org.
12.2 If a Product is not as on the order confirmation or damaged we will credit or refund your purchase. In the case of a damaged Product, you must retain the damaged Product and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products, any applicable delivery charges and any reasonable costs you incur in returning the Products to us, or at our option we will provide you with a credit for further Products. We will have no liability to you for any indirect loss. Please state clearly your order details in all communications to us.
12.3 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the Products will immediately revert to us if we refund any such payment to you.
12.4 Since taste is a very personal matter and subjective, we cannot accept the return of any Products merely because you do not like the taste.
12.5 We will not accept the return of any Products which have been purchased from any outlet other than on our site.
12.6 The provisions of this section do not affect your statutory rights.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you;
and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree this in writing.
14.3 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
15. Right to vary these terms
15.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods or changes in relevant laws and regulatory requirements.
15.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
16. Our liability
16.1 Our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the Product you purchased.
16.2 Save to the extent we are responsible by law for any foreseeable loss and damage caused by us, we accept no liability and shall not be responsible for any loss or damage, whether foreseeable or otherwise, including direct, indirect, consequential, special or exemplary damages, however they may arise.
16.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
17. Other important terms
17.1 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
17.2 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
17.3 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 These Terms and Conditions are governed by and to be construed in accordance with the laws of England and are under the non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland you may bring proceedings in respect of the Products in Northern Ireland or in England, and if you are a resident of Scotland you may bring proceedings in respect of the Products in Scotland or in England.