JnrChef childrens cookery lessons Terms & Conditions
1. BACKGROUND
1.1 These are the website terms and conditions of Jnr Chef Ltd, company number 14057234, with registered office address at Jordangate House, Jordangate, Macclesfield, Cheshire, SK10 1EQ (“Jnr Chef”, “we”, “us” and “our”).
1.2 We operate the website jnrchef.co.uk (the “Website”).
1.3 These terms and conditions, any documents referred to herein and the Privacy Policy set out the agreement under which we will supply to you the products (“Products”) listed on our Website via one of our subscription services (“Services”). Please read these terms and conditions carefully before ordering any Products from our Website or subscribing to one of our Services.
1.4 By placing an order for Products or Services, you agree to be bound by these terms and conditions and our Privacy Policy a copy of which can be found at jnrchef.co.uk.
1.5 These Terms and Conditions were published on 1 September 2023 and shall apply to sales of Products and Services to consumers (“Consumers”, “you” and “your”).
2. YOUR LOCATION
2.1 We provide Products and/or Services to the counties and/or towns in the United Kingdom as specified on our Website from time to time (“Permitted Locations”). We reserve the right to amend the list of Permitted Locations from time to time, which may include restricting such counties and/or towns or expanding into new territories. Unfortunately, we cannot accept orders from Consumers outside of the Permitted Locations.
3. WARRANTY
3.1 By placing an order through our site, you warrant that: 3.1.1 you are legally capable of entering into binding contracts; 3.1.2 you are at least 18 years old; 3.1.3 you are a resident in one of the Permitted Locations at the time of placing the order; and 3.1.4 you are accessing our Website from that Permitted Location.
4. YOUR ORDER
4.1 Any and all orders placed through our Website are governed by these terms and conditions, as amended from time to time. Once you have placed your order, we will send you an acknowledgement email (“Acknowledgement”). This does not mean that your order has yet been accepted. The placing of the order is your offer to buy the Products and/or Services. Subject to the provisions of clause [ ] (Cancellation), our acceptance of your order, preparation and subsequent dispatch of your order will form the binding legal contract between you and us (“Contract”). Once the order has been dispatched, a further email will be sent to you to confirm, either from us or our third party couriers (“Confirmation”) .
4.2 Should you subscribe to a recurring delivery, we will charge you for an initial payment followed by recurring charges as agreed by you through the placing of the order. By entering into the Contract, you acknowledge that your subscription consists of an initial and a recurring payment obligation and you accept responsibility for all charges prior to cancellation. You shall be responsible for all recurring payment obligations until such time as your cancellation has been received and processed by us which shall be within a period of 5 days from receipt of your request.
4.3 To terminate your authorisation or change your payment method please contact our customer care team via the various methods detailed on our Website.
4.4 We will use our reasonable endeavours to process any amendment to the original payment method on request but until a new payment method has been set up, we shall continue to deduct payments from the original payment method.
5. CHANGES TO THE SPECIFICATION
5.1 Should you place an order for Products and/or Services, the specification for such Products and/or Services shall be per the published information at the time. Should you place an order for Products and/or Services after we have published any changes, you will be bound by those changes.
5.2 You should print a copy of the terms and conditions at the time of placing your order for future reference.
5.3 Before proceeding to place your order, please tick the box when prompted to accept these terms and conditions. Should you not tick the box when prompted, we will be unable to fulfil your order for Products and/or Services.
6. CANCELLATION
6.1 You can cancel your subscription at any time by midnight to allow at least 5 complete 24 hour days before your next chosen or allocated delivery date i.e, cancel by midnight on Friday before your next delivery due on the following Thursday (“Order Processing Period”).
6.2 In order to cancel your subscription, go to the Website and click on your account settings, plan settings and click “cancel subscription”.
6.3 Subject to the remaining provisions of this section headed “Cancellation”, when you place an order through our Website, you are agreeing to pay recurring subscription payments for an indefinite time until cancelled. You can cancel your subscription at any time. You will not be charged for any cancellation.
6.4 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
7. REJECTION
7.1 As our Products contain perishable food items, you are not entitled to the regular right of Consumers who purchase online products to return goods within 14 days after you receive them simply because you change your mind. Contracts for the supply of foodstuffs intended for consumption in the household are wholly excluded from the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, under regulation 28(1)(c). This provision states that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your subscription in line with the details set out above.
7.2 Refusal of the box does not negate our charges for the Products and/or Services. We will not be liable for any losses sustained by the Consumer relating to a refusal of delivery by us or our authorised courier company.
8. RE-SUBSCRIPTION
8.1 You can re-subscribe to your jnrchef childrens cookery lessons at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription.
9. OUR PRODUCTS
9.1 The photographs of Products and/or Services on the Website are for illustrative purposes only and shall not be legally binding. Your Products and/or Services, in addition to the packaging, may differ slightly from those as displayed on our Website and the food products will of course vary in colour and size.
9.2 You are responsible for unpacking and checking the Products on receipt and storing them as directed. You are also responsible for the preparation and cooking of our Products in accordance with the guidelines provided. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
9.3 Our recipe information contains details of all allergens which may be contained within our Products. You accept responsibility for checking the Product description and specification on the Website and in the packaging to ensure that a Product does not contain allergens which apply to you, your family and anyone else who may consume the Products.
9.4 We rely on information on the ingredients we use in our Products and/or Services from third party suppliers who are responsible for labelling their ingredients correctly. We do undertake thorough checks in accordance with our legal obligations prior to using all third-party suppliers of Products, but in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.
9.5 Products are subject to availability and prevailing market conditions at all times. We reserve the right to provide a suitable alternative to any Product ordered in the event that the original Product is no longer available or is not available within the price band originally used in relation to the recipe. We shall use reasonable endeavours to notify you of any substitutes via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. Should you not be happy with a substitution, please contact us using the contact details on the Website.
10. AVAILABILITY AND DELIVERY
10.1 If you have any questions regarding our Permitted Locations, please contact us using the details on our Website.
10.2 Any notification of a delivery time or delivery window are indicative only and we reserve the right to deliver your Products at any time on the day of delivery set out in the dispatch confirmation.
10.3 We do not take any responsibility for any loss or damage sustained as a consequence of complying with Consumer delivery instructions, or in circumstances where deliveries cannot be completed due to Force Majeure. You are obliged to bear all expenses related to any default of acceptance.
10.4 Delivery will be completed when we, or our appointed courier company, deliver the Products to the address provided at the time of order. If there is no-one at home to take safe delivery of your Products, we, or our appointed courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions have been specified, the order will be left in an area that the authorised courier company reasonably considers to be safe.
10.5 Any leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will use reasonable endeavours to follow any delivery instructions provided but this cannot be guaranteed.
10.6 We, or the courier company may try to contact you on the telephone number provided to us at the point of placing the order so that delivery can take place. The delivery driver may also use the telephone number associated with your account if this differs. We do not accept any responsibility or liability if any of the telephone numbers provided by you either do not work or remain unanswered.
10.7 Our obligation to deliver the box shall be fulfilled once the courier delivers the box at the safe spot specified by you or the box is reasonably considered safe by us, or the courier. You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you and we are not obliged to review the safe spot as to its general suitability. If your Products have been left in your specified safe place, or another place deemed safe by our appointed courier, acting reasonably, and they are stolen or damaged, we shall not accept liability.
10.8 Should a personal handover of the box not be possible and no leave safe is specified or available, we may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee or within 20 paces from the original delivery address (“Nearby Address”).
10.9 The Consumer will be notified of such delivery to a Nearby Address by delivery notice or via email. If a personal handover or a delivery to a Nearby Address is not possible, you will be in default of acceptance and shall accept all associated liabilities and costs. We will not attempt a further delivery given the perishable nature of the Products.
10.10 We reserve the right to change your delivery date with prior notice.
11. RISK AND TITLE
11.1 Once the delivery has been completed and the box has either (a) been signed for by the Consumer; (b) left in a safe spot as specified by the Consumer; (c) considered safe by us or authorised courier company; or (d) delivered to a Nearby Address; the risk of any damage or loss of the box will be with the Consumer. We shall not be held liable for any damage, defect or loss which may occur following such delivery.
12. PRICE AND PAYMENT
12.1 The price for the Products and/or Services and/or delivery charges (if any) will be as quoted on our Website when your order is placed and your subscription created. All subsequent orders will be priced per the prices on the Website at the time of placing the order. Product and Services prices include VAT where applicable.
12.2 We may offer our Products at different prices depending on option selected (Meat, Fish or Vegan) and the number of meals selected in the box. The price you pay will be the price stated on the Website at the time of placing the order. We reserve the right to amend our pricing for our Products and/or our Services and/or our delivery charges (if any) from time to time. Please visit the Website for the latest prices.
12.3 Product/ Services and delivery charges are liable to change at any time, but such changes will not affect orders in respect of which we have already sent you a Confirmation.
12.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard, Amex, Apple Pay and PayPal. We reserve the right to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available.
12.5 Please be aware that our third party payment providers reserve the right to make a temporary charge of up to £1.00 GBP against your card. This may appear in your transaction history to verify that your card is working but will be automatically refunded once your payment method has been validated.
12.6 Payment details are stored securely by a third party to allow recurring payments for future orders. Please refer to our privacy policy available on our Website. We do not have access to view your full credit or debit card details.
12.7 We reserve the right to process your payment from midnight on the first day of the Order Processing Period. As such, we will always process payment before your box is delivered.
12.8 It is your responsibility to ensure that sufficient funds are available to process payments for all orders or to update any expired payment cards if required. We will reattempt payment through the recurring payment method and may, in our absolute discretion, still dispatch an order notwithstanding that payment may not have been received. If our third-party payment provider has new card details (e.g. your previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on your subscription.
13. PAYMENT COLLECTION
13.1 If payment is not processed following one or more re-attempts, we reserve the right to discontinue the Services and/or Product dispatch and to recover the debt through alternative means, either directly or through a third party debt collection agency who will contact you directly on our behalf. We reserve the right to contact you via email, letter, call or SMS to retrieve any overdue funds. You will be liable for any fees or charges incurred due to this referral.
13.2 Should you fail to make payment for any Products delivered and/or Services rendered within ten days of the delivery date, we reserve the right to charge you interest on the overdue amount at the rate of 4% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any outstanding amount as at the date of payment.
13.3 We reserve the right to suspend or terminate your service at any time to the extent that there is an outstanding balance on your JnrChef account.
14. OUR REFUNDS POLICY
14.1 Should you be unhappy with your box for a legitimate reason including the box was missing ingredients, the box was damaged or the box did not arrive, we reserve the right to ask you to show that the box arrived either not as it should or did not arrive and we shall offer an appropriate refund or a further box as a replacement.
15. WARRANTY
15.1 We warrant to you that any Product purchased from us through our Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
16. OUR LIABILITY
16.1 Subject to clause 16.2, to the extent that we are in breach of these Terms and Conditions, we shall only be liable to you for the price paid by you for the Products and/or Services.
16.2 Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
17. COMMUNICATIONS
17.1 When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18. NOTICES
18.1 All notices given by you to us must be addressed to JnrChef Ltd, Jordangate House, Jordangate, Macclesfield, Cheshire, SK10 1EQ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
19.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20. DATA PROTECTION
20.1 We process your personal data in accordance with our privacy Policy which can be found on our Website.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 We own or licence all of the intellectual property rights in our Website, whether registered or unregistered. These works are protected by copyright laws.
21.2 You may print off one copy, and may download extracts, of any pages from our Website for your personal reference. You must not use any part of our materials for commercial purposes without first obtaining a licence to do so.
21.3 Should you chose to post your fairly held opinions on any Website, by subscribing to the Products and Services you irrevocably authorise us to quote from your commentary for use on our Website and in any advertising or social media we may choose to use.
22. EVENTS OUTSIDE OUR CONTROL
22.1 We shall 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 Force Majeure.
22.2.1 Force Majeure includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 22.2.1 Strikes, lock-outs or other industrial action;
22.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 22.2.3 Fire, explosion, storm, flood, earthquake, subsidence or other natural disaster; 22.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 22.2.5 Impossibility of the use of public or private telecommunications networks; 22.2.6 The acts, decrees, legislation, regulations or restrictions of any government; and 22.2.7 Pandemics or epidemics.
22.3 Our performance under any Contract is deemed to be suspended for the period of Force Majeure and our time period to deliver the order shall be extended by the period of Force Majeure.
23. WAIVER
23.1 Should we decide not to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 23.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
24. SEVERABILITY
24.1 If any part of these terms and conditions is found to be invalid due to the application of any law or legal principle then that provision will, to the extent required, be severed from the terms and conditions and will be ineffective without modifying any other part of the terms and conditions which will remain in full force and effect.
25. ENTIRE AGREEMENT
25.1 These terms and conditions, the Contract and any document expressly referred to in either of them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract or these terms and conditions.
25.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
26. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
26.1 We have the right to revise and amend these terms and conditions (including the Privacy Policy) from time to time without prior notice.
27. LAW AND JURISDICTION
27.1 Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation or these terms and conditions (including non-contractual disputes or claims) will be governed by the English law. Any dispute or claim arising out of or in connection with such Contracts or their formation or these terms and conditions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.