Terms and Conditions

Introduction

This document sets out what you can expect of us regarding how we use and look after your user information. In it, we seek to abide by the letter and spirit of the guidelines laid out by the UK Information Commissioner’s Office in the document ‘Privacy Notes – Code of Practice’.

We will never share your user information with third parties for promotional purposes.

Who We Are

We are Granola Kitchen Limited, we make homemade granola and sell to businesses and customers. We are a limited company registered in England and Wales with number 13018757 and our registered office is at C/O Royce Peeling Green Deva Centre, Trinity Way, Manchester, England, M3 7BG.

Your rights and remedies if you are a consumer and there is something wrong with the product(s).

We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. So if you think your product is damaged or spoiled you can

return it to us by emailing us at hello@softgranola.co.uk.

Complaints

We hope that you are fully satisfied with our products but if you aren’t, please contact us at hello@softgranola.co.uk and we will endeavour to resolve your complaint as soon as possible.

Nobody else has any rights under this contract.

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

We dont give business customers all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law) OR all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Your rights and remedies if you are a business

You must inspect the products no more than 24 hours after receiving delivery for any damage or issues with the products or packaging. Please take photos of the damaged products/packaging and contract us and we will either replace or refund you the price of the products (in our discretion).If you fail to do this, we will be under no obligation to refund you the price or replace the products. Your return (if we accept it) will be at our cost.

We warrant that on any products shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

Exceptions to business customerswarranty.

We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:

  • you make any further use of such product after telling us it is non-compliant;
  • the defect arises because you failed to follow our oral or written instructions as to the storage for example,

Please note that flavours may vary slightly as all our products our homemade. So, we will not regard the product as defective or non-compliant if it relates to discrepancy in flavour/taste.

  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses.

            If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown on your device or its packaging may be slightly different. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out slightly

Risk after delivery

We are not responsible to you if the products are damaged after delivery.

We can withdraw products

We can stop providing a product for example if we discontinue making a certain type of granola. We let you know as soon as possible in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK or our delivery areas, as stated on our website or because the product was mis-priced by us and also the initial 10% discount offer can only be used once per household address regardless of amount of different email addresses used.

When this happens, we let you know as soon as possible and refund any sums you have paid.

If you have any concerns about the way we use your information or any questions about this Privacy Policy, please let us know.  We can be contacted via email at hello@granolakitchen.co.uk or by writing to the address above.

What we do with your information

Information submitted to Granola kitchen Ltd will be processed to:

Permit us to deliver our products to you;

Provide you with updates on our products and other information that we feel may be of interest to you; and, Continually improve our service offering and user experience.

We compile statistics about user trends on our website, which are used by third party organisations to understand how users interact with businesses, brands, and one another online. These statistics are drawn from a dataset which does not contain any information from which you can be identified.

What user information we would like you to give us and how long we will keep it

We will ask you to provide your name and your address in order for us to deliver our products to you. When registering with us we will keep your data for a reasonable time following delivery of your most recent order, after which point your data will be deleted permanently.

Where we process your data

Granola Kitchen is a UK-based company and so we will transfer your data to the UK, which is outside of the EU. We may also need to share your personal data with third parties and suppliers outside the European Economic Area (EEA).

Protecting your data outside the UK

The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway

We may transfer personal data that we collect from you to third-party data processors in countries that are outside the UK.

For example, this might be required in order to fulfil your order, process your payment details or provide support services.

Any transfer of your personal data will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice.

What we do to ensure the security of your personal information

We take the security of your personal data very seriously. Our approach to information security is constantly evolving and continually reviewed.

We have adopted industry best practices from both technological and business process perspectives in order to make securing your data a key part of the way we do business.

Your rights regarding your personal information

We will contact you with updates about the products and services that we offer.

You can opt in or out at any time by clicking the ‘Unsubscribe’ link in our emails.

If you would like us to stop using your information at any time, or would like to view any information that we hold about you please contact us via email at hello@softgranola.co.uk

Terms and Conditions

These are the terms and conditions upon which the Granola Kitchen Limited will supply its Goods to you, the Customer. If you want to place an order with us, you will have to check the box at the bottom of our order form to show your acceptance of these terms and conditions. If you do not check this box, you will not be able to place an order through our Website.

1.0 Interpretation

1.1 It makes things a lot easier for both of us, if we define at the outset what certain words mean when you read them in these terms and conditions. This means that for any words listed below, wherever you may read them in these Conditions shall have the following meanings. To make this clear we highlight these With Seemingly Inappropriate Use Of Capital Letters, so there is no need to phone the grammar police if you spot these deliberately capitalised terms!

Business Day: a day other than a Saturday, Sunday or any public holiday in England when banks in London are open for business.

Granola Kitchen Limited: means us, your supplier of the Goods we have for sale on our Website, often referred to as we, us or our throughout, except where the context indicates to the contrary.  We are a company incorporated in England and Wales under company number 13018757. Our registered office is at RPG Deva Centre, Trinity Way,, Manchester, England, M3 7BG

Conditions: this set of terms and conditions, which we may tweak from time to time as mentioned in Clause 12 below.

Contract: the contract between us and you for the sale and purchase of our Goods in accordance with these Conditions.

Courier: means Parcel2go or Interparcel, who are engaged by the us for the delivery of the Goods.

Customer: that’s you, the person or the firm named in the Order who purchases the Goods from us.

Delivery Date: has the meaning given to it in clause 4.6

Force Majeure Event: don’t panic, this is explained in straightforward terms in clause 10.

Goods: the goods (or any part of them) set out in the Order.

Order: your order for the Goods, as set out on your purchase order form.

Website: www.softgranola.co.uk

1.2 You can take it that when we refer to legislation, we are also referring to all subordinate legislation (rules and regulations) that are set down under or pursuant to that legislation.  Those references also include instances where the original legislation we refer to is replaced by new legislation that does the job of the legislation we referred to.

1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall means without limitation to what then follows, which is really an example.

1.4 Any reference to writing or written includes emails and other forms of electronic communication.

2.0 Basis of Contract

2.1 These Conditions will govern our Contract with you.  They do not include any terms that are or may have been implied by trade, custom, practice or course of dealing.

2.2 The Order is your offer to purchase our Goods in accordance with these Conditions. It is your responsibility to ensure that the terms of the Order are complete and accurate.

2.3 Your Order is accepted only when we receive payment then the Contract will exist.

2.4 You can amend your order within 24 hours by contacting us at hello@softgranola.co.uk. After that, we may be unable to change the order or there may be charges for the changes you request.

2.5 The Contract will be the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.

2.6 Any samples, drawings, description, or advertising produced by us and any descriptions or illustrations contained in the website are created to give you an approximate idea of the Goods described in them. They will not form part of the Contract or have any contractual force.

2.7 The prices we give or display on the Website are final.

3.0 Goods

3.1 The Goods are described or displayed on the Website.

3.2 We may amend the specification of the Goods if the law requires us to do so.

4.0 Delivery

4.1 When you’ve placed an order with us we shall ensure that each delivery of your Goods is accompanied by a receipt that shows the date of the Order, any relevant reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable).

4.2 We will arrange the delivery of the Goods to the location set out in the Order or any other location subsequently agreed between us (the “Delivery Location”) at any time before we have notified you that the Goods have been dispatched to the Courier.

4.3 Delivery of the Goods shall be completed when they arrive at your Delivery Location.

4.4 Although we endeavour to deliver on the date outlined to you, any dates quoted for delivery are approximate only.  We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your inadequate instructions or any other instructions that are relevant to the supply of the Goods.

4.5 If we fail to deliver the Goods, our liability shall be limited to the costs of the goods only. It will not include your postage. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.6 If you fail to take delivery of the Goods within 3 Business Days of us notifying you that the Goods have been dispatched, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with its obligations under the Contract delivery of the Goods shall be deemed to have been completed at 5:00 pm on the third Business Day after the day we informed you your Goods had been dispatched. (“Delivery Date”)

4.7 Occasionally we may have to deliver the Goods by instalments.  If so, these will be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

5.0 Quality and Returns

How to let us know. To let us know you want to change your mind, contact us by emailing us at hello@softgranola.co.uk.

5.1 We promise, or in legalese we ‘warrant’, that on delivery the Goods shall:

     5.1.1 conform with their description;

     5.1.2 be free from any material defects in design and manufacturing; and,

     5.1.3 conform to any pre-contract information that we may have provided.

5.2 Subject to clause 5.4, if:

     5.2.1 you give us notice in writing within 14 calendar days of delivery that some or all of the

     Goods do not comply with anything in clause 5.1;

     5.2.2 we are given a reasonable opportunity of examining such Goods; and

     5.2.3  if asked to do so by us, return such Goods to our place of business and

     we shall replace the defective Goods, or refund the price of the defective Goods in full.

5.3 If, under 5.2, you tell us later than the 14 calendar days’ notice required, we may, entirely at our own discretion, decide to replace the defective Goods or refund the price of the defective Goods in full or may take no action at all.

5.4 We are not liable for the failure of the Goods to comply with the promises set out in clause 5.1 in any of the following events:

     5.4.1 you make any further use of the Goods after you’ve already given us notice under

     5.2; or

     5.4.2 the defect arises because you failed to follow our oral or written instructions as to the

     storage of the Goods or (if there are none) good trade practice regarding the same; or

     5.4.3 the defect arises as a result of your wilful damage, negligence, or abnormal storage

     or working conditions; or

     5.4.4 the Goods differ from their description as a result of changes that we’ve made to

     ensure they comply with applicable statutory or regulatory requirements.

5.5 Except as provided in this clause 5, we shall have no liability to you in respect of the Goods’ failure to comply with the promises set out in clause 5.1.

5.6 Under legislation you have the right to cancel and return your Order within 14 calendar days of your Delivery Date. If you do cancel and return your Order, we will refund the purchase price you have paid us but we won’t refund any delivery or other charges.   We will refund the purchase price only once we’ve had a chance to check the Goods.  You will pay the cost of returning the Goods to us.

5.7 Once the packaging of any item supplied within the Order is opened, you are not entitled to any refund or exchange under 5.6, unless the Goods fail to comply with our promises set out in clause 5.1.

5.8 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

5.9 These Conditions shall also apply to any replacement Goods supplied by us.

5.10 Any refunds due under clause 5 or 6 of these Conditions shall be made within 14 Business Days of us receiving your product, or of us acknowledging your refund in writing.

6.0 Title and Risk

6.1 In this clause ‘Risk’ means the risk of any loss or damage to the Goods. ‘Title’ means legal ownership of the Goods.

6.2 The Risk in the Goods shall pass to you at the point when the Courier takes possession of the Goods.

6.3 Title to the Goods shall not pass to you until the we receive payment in full (in cash or cleared funds) for the Goods.

6.4 Until Title to the Goods has passed to you, you must:

     6.4.1 store the Goods separately from all other goods held by you so that they remain

     readily identifiable as our property;

     6.4.2 Do not remove, deface or obscure any identifying mark or packaging on or relating to the

     Goods;

     6.4.3 maintain the Goods in satisfactory condition and keep them insured against all risks

     for their full price from the date of delivery;

     6.4.4 notify us immediately if it becomes subject to any of the events listed in clause 8.2;

     And

     6.5.5 give us such information relating to the Goods as we may require from time to time.

7.0 Price and Payment

7.1 The price of the Goods shall be the price set out in the Order. Customers who initially use the 10% discount offer can only use it once per household address regardless of amount of different email addresses used.

7.2 We may, by giving notice to you at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

     7.2.1 any factor beyond our control (including foreign exchange fluctuations, increases in

     taxes and duties, and increases in labour, materials and other manufacturing costs); or

     7.2.2 any request by you to change the delivery date(s), quantities or types of Goods

     ordered; or,

     7.2.3 any delay caused by any instructions from you or your failure to give us adequate or

     accurate information or instructions.

7.3 The price of the Goods is inclusive of the costs and charges of packaging but exclusive of the delivery of the Goods, which will be specified in the Order, at which point they will be invoiced.

7.4 This product is VAT free

7.5 If you place your order via the Website, you will have to make payment before your order is completed.

7.6  You are required to pay your invoice in full and in cleared funds within 14 days of the date of the invoice. Payment shall be made to the bank account which will be given to you alongside your invoice at checkout.

7.7 If you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. The interest is payable alongside the overdue amount.

7.8 You are required to pay all amounts due under the Contract in full without any deductions of any kind (except for any deduction required by law).

8.0 Termination and Suspension

8.1 If you become subject to any of the events listed in clause 8.2, we may terminate the Contract with immediate effect by giving you written notice.

8.2 For the purposes of clause 8.1, the relevant events are:

     8.2.1 if you suspend, or threaten to suspend, payment of any debts, or if you are unable to

     pay your debts as they fall due or admit an inability to pay your debts. Or if you are a

     company or limited liability partnership and are deemed unable to pay your debts within the

     meaning of section 123 of the Insolvency Act 1986. Or you are in a partnership and either

     partner satisfies any of the above criteria;

     8.2.2 if you suspend, threaten to suspend, cease or threaten to cease any or all of a

     substantial part of your business;

     8.2.3 if your financial position deteriorates to such an extent that you are unable to

     maintain your obligations under these Conditions;

     8.2.4 (for companies) if you take any step or action in connection with your company

     entering administration, liquidation or any other arrangement with creditors, being wound

     up, having a receiver appointed over any of your assets or you cease to carry on business.

8.3 Without limiting any of our other rights or remedies, we may suspend further delivery of the Goods under the Contract or any other contract that may have arose between us, if the you becomes subject to any of the events listed in clause 8.2.1 to clause 8.2.4.

8.4 Similarly, we can suspend further delivery if we reasonably believe that you are about to become subject one of to the above in 8.2.1 to 8.2.4, or if you fail to pay any amount due under this Contract on the due date for payment.

8.5 On termination of the Contract for any reason you are required immediately to pay to the outstanding balance on all invoices and any accrued interest.

8.6 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.

8.7 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

8.8 You can end an on-going contract

We tell you when and how you can end an on-going contract with us for regular services or a subscription to goods during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact us at hello@softgranola.co.uk.

9.0 Limitation of Liability

9.1 Nothing in these Conditions shall limit or exclude our liability for:

     9.1.1 death or personal injury caused by our negligence, or the negligence of our

     employees or agents; or

     9.1.2 fraud or any fraudulent misrepresentation; or

     9.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (this implies

     that we have the legal right to sell you the Goods); or

     9.1.4 any defective products we may have unintentionally supplied, as protected under the

     Consumer Protection Act 1987; or

     9.1.5 any other matter in respect of which it would be unlawful for us to exclude or restrict

     liability.

9.2 Subject to clause 9.1:

     9.2.1 we shall under no circumstances whatsoever be liable to you, whether in contract,

     tort (including negligence), breach of any legal duty, or otherwise, for any loss of profit, or

     any indirect or consequential loss arising under or in connection with the Contract; and

     9.2.2 Our total liability to you in respect of all other losses arising under or in connection

     with the Contract, whether in contract, tort (including negligence), breach of any legal duty,

     or otherwise, shall in no circumstances exceed the price of the Goods.

  1. Force Majeure

10.1 Neither of us shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.

10.2 A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable and includes a number of potential events including;

     10.2.1 strikes, lock-outs or other industrial disputes (whether involving our own workforces

      or a third party’s);

     10.2.2 a failure of energy sources or transport network;

     10.2.3 acts of God, war, terrorism, riot, interference by civil or military authorities,

      breakdown of plant or machinery, nuclear, chemical or biological contamination; or

      any other national disasters.

11.0 Assignment

11.1 At any time during the Contract and any subsequent contracts we have the right to transfer, or deal in any other manner we deem appropriate, any or all of our rights or obligations to help us deliver the Contract.

11.2 However, all of your obligations and rights during the Contract and any subsequent contracts, are not transferable and shall remain your responsibility throughout.

12.0 Variation

12.1 Unless we’ve otherwise mentioned it under the Contract, any variation you may wish to make to the Contract can only be done so if it is signed by us in writing.

12.2 Occasionally we may wish to make changes to the Contract for any number of commercial reasons, legal reasons or reasons beyond our control. We do not require your consent to make such changes.

13.0 Waiver

13.1 If either party wishes to give up any right under the Contract, or under law (i.e. makes a ‘waiver’) it can only do so if it is given in writing to the other party however any waiver given shall not be deemed a waiver of any subsequent breach or default.

13.2 If either of us fail or delay to exercise any of our rights or remedies given under these Conditions or under law this shall not be interpreted as either party giving a waiver and such right or remedy shall still exist.

14.0 Severance

14.1 If for any reason the Contract is or becomes invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal and enforceable.

14.2 If such modification is not possible, the relevant part shall be deemed deleted. Any deletion that may be made shall not make the rest of the Contract invalid or unenforceable.

14.3 If either of us give notice of the possibility that any part of this Contract is invalid, illegal or unenforceable, we shall negotiate in good faith to amend such part so that, as amended, it that Contract shall remain valid, legal and enforceable.

15.0 Notices

15.1 Any notice or other communication given to either of us under or in connection with the Contract must be in writing, addressed to that party at its registered office (if you are a company) or your residential address (if you are an individual), or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.

15.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after sending.

15.3 The notice requirements laid out by this clause shall not apply to the service of any proceedings or other documents in any legal action.

16.0 Third parties

16.1 A person who is not a party to the Contract shall not have any rights to enforce its terms.

17.0 Governing law

17.1 The Contract, and any dispute or claim arising out of or in connection with it shall be governed exclusively by the law of England and Wales.

18.0 Jurisdiction

18.1 We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation.