The Rawly Good Food Company Limited – Terms and Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of all Goods via our Website by us The Rawly Good Food Company Limited, a company registered in England and Wales under number 10066361, and whose registered office address is 2 The Old Estate Yard High Street, East Hendred, Wantage, Oxfordshire, England, OX12 8JY (“we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;
“Customer” means you, the individual placing an Order with us;
“Goods” means the raw food which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Goods;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;
“Subscription” means the continuous order for Goods that will continue until cancelled or paused by you: and
“Website” means www.rawlygoodfood.com.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us our Website will guide you through the ordering process. Before submitting your Website Order to us, you will be given the opportunity to review and amend it. It is your responsibility to notify us of any allergies. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
2.3 Order Confirmations will be provided in writing and will contain confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery date for the Goods.
2.4 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days).
2.5 Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.
3. Description and Specification of Goods
3.1 We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided on our Website. The packaging of the Goods may also vary from as shown on our Website. However, please note that certain colours may look different when displayed on your computer, phone or tablet.
3.2 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
3.3 We do not represent or warrant that particular Goods will be available. If the Goods are not available, the provisions of clause 2.4 will apply.
3.4 You are responsible for opening and inspecting the Goods upon delivery and storing them correctly. You are also responsible for the preparation of the Goods where applicable. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Goods.
3.5 We include details of all allergens which may be contained within our Good. However, it is your responsibility for checking the packaging and Website to ensure that any Goods do not contain a relevant allergen to your animal. Whilst we undertake rigorous checks in accordance with our legal obligations prior to packaging our Goods, in certain circumstances it is possible that foreign objects may be found inside the Goods.
3.6 Goods are subject to availability. In the event of non-availability of any Goods in your Order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact our customer care team via the various methods detailed on our Website.
4. Price and Payment
4.1 The price of the Goods will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
4.2 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
4.3 Any Order that is less than 8kg of frozen food will be rejected.
4.4 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
4.5 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
4.6 From time to time we may send promotional codes to our customers via email. These promotional codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.
4.7 Promotional codes have no monetary value and must not be sold or transferred to anyone else.
4.8 Promotional codes cannot be used in conjunction with any other offer, and are for personal use and not for trade.
4.9 Delivery charges are not included in the price of the Goods. Delivery options and any related charges will be presented to you as part of the Order process. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
4.10 Once the Order has been confirmed by us, and you request to change the delivery address, where possible we can honour that change however we reserve the right to charge administration fees.
4.11 All payments made via the Website will go through Square. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to Square’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5. Subscription Services
5.1 The price of the Goods and subsequently the cost for each subscription package will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
5.2 For subscription services we take payments by continuous payment authority on the same date each as the date you made the Order on the frequency the Subscription you agreed to at the time of Order. Payment times may vary.
5.3 You will be required to pay for the first Order at the time of placing your Order.
5.4 By entering into a Subscription, you are agreeing to a contract term length of whatever Subscription period you have agreed. You acknowledge that your Subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
5.5 We will submit charges without further authorisation from you until you cancel or pause your Subscription.
5.6 For the avoidance of doubt, by taking out a Subscription plan, you agree to commit to it for the full period. It is your responsibility to give notice to cancel or pause your Subscription.
6. Delivery for non-perishable Goods
6.1 We offer delivery on Goods for Orders as stipulated on our Website. Deliveries outside of this area may be rejected.
6.2 Orders for these Goods will be delivered by us. If your Order has not arrived by the estimated delivery date, you should contact us so we can investigate this further.
6.3 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, we will inform you and explain how to rearrange delivery or where to collect the Goods.
6.4 If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also charge you for any reasonable additional costs that we incur in recovering the Goods.
6.5 In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Confirmation (or as otherwise agreed under clause 5.1), you may treat the Contract as being at an end immediately if we have refused to deliver your Goods; or in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the Goods that delivery within that time period was essential.
6.6 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
6.7 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 5.8, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any delivery charges).
7. Delivery and Collection for Goods
7.1 All Goods will be delivered on the day you were informed of during the Order Process or as stipulated on our Website.
7.2 Collection will be available 24 hours after Order unless otherwise agreed.
7.3 Where agreed Orders for these Goods will be delivered by us. If your Order has not arrived by the estimated delivery date, you should contact us, so we can investigate this further.
7.4 If no one is available at your delivery address to receive the Goods we will indicate on a delivery card where the Goods have been left, usually in a safe place as nominated by you.
7.5 We will not be liable in any way for loss or damage suffered as a result of complying with your delivery instructions, or should you not be available to physical take possession of the Goods in the delivery time window we have stipulated in the Order process.
7.6 If you do not collect the Goods within 4 hours we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled. If this happens, we will attempt to resell the Goods, however if unsuccessful you will not be refunded.
7.7 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order, or have been collected by you (or someone identified by you) have taken physical possession of the Goods.
7.8 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 6.5, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any delivery charges).
8. Faulty, Damaged or Incorrect Goods
8.1 By law, we must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:
8.1.1 Beginning on the day that you receive any non-perishable Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
8.2 Please note that you will not be eligible to claim under this clause 6 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if the Goods are perishable and are stated to have an expiry date sooner than this date; if the Goods are sealed for hygiene reasons and are not kept in accordance with instructions given; if the Goods are subject to adverse weather. Please also note that you may not return Goods to us under this clause 6 merely because you have changed your mind – please refer to clause 8 for this.
8.3 We will however ensure that the Goods packaging are of satisfactory quality before shipping to you, unless otherwise stated. Any damage made to packaging during the delivery process is unforeseeable and is out of our reasonable control.
8.4 To return Goods to us for any reason under this clause 7, please contact us to arrange for the return. We will be fully responsible for the costs of returning Goods under this clause 7 and will reimburse you where appropriate.
8.5 Refunds under this clause 7 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
8.6 Any and all refunds issued under this clause 7 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we use a different method.
9. Cancelling and Returning Goods if You Change Your Mind for non-perishable Goods
9.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.
9.2 The legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
9.3 If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
9.4 Please note that you may lose your legal right to cancel under this clause 8 if the Goods are sealed for hygiene reasons and you have unsealed those Goods after receiving them or the Goods are likely to deteriorate quickly, such as raw food Goods
9.5 Please ensure that you return Goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 8.
9.6 You may return Goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 8. We will not reimburse delivery charges in as part of your refund.
9.7 Refunds under this clause 8 will be issued to you within 14 calendar days from the day on which we receive the Goods back; or
9.8 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
9.9 Refunds under this clause 8 will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we make a refund using a different method.
10. Cancellations by Us
10.1 We may cancel your Order at any time before we dispatch the Goods to you, if the Goods are no longer available and we are unable to re-stock (if, for example, the Goods are discontinued); or If an event outside of our control occurs (please see clause 10 for events outside of our control).
10.2 If we cancel your Order and you have already paid for the Goods under clause 4, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11.5 If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
12. Events Outside of Our Control (Force Majeure):
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
13. How We Use Your Personal Information (Data Protection)
13.1 We may use your personal information to provide our Goods to you, to process your payment for the Goods, and/or to inform you of new Goods available from us if you have opted to receive this information. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission unless it is to fulfil our contractual obligation of delivering the Goods to you.
14. Other Important Terms
14.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
14.3 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction:
These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.