1. Introduction

These Terms and Conditions govern your relationship with The Modern Greengrocer Ltd (“The Modern Greengrocer”, “we”, “our” or “us”) and all orders that you may make for the products advertised for sale by us (the “Products”) via the The Modern Greengrocer Ltd Website, www.themoderngreengrocer.co.uk (the “Website”). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from The Modern Greengrocer Ltd. We operate this site for the purpose of promoting and selling the products and services supplied by us. By using this site, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify the conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site.

2. Revisions

We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 16 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from The Modern Greengrocer Ltd. These Terms and Conditions were last updated on [18^th April] 2016.

2. Registration

2.1. To place an order with The Modern Greengrocer Ltd you must create an account/register with us through our website.

2.2. To register with The Modern Greengrocer Ltd, you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.

2.3. You must ensure that the details provided by you on registration or at any time are correct and complete.

2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.

2.5. The personal and payment details you give to us are governed by a strict privacy policy as shown above.

2.6. Following your set up of an account, we will send email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.

3. Products

3.1. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

3.2 Each Product for which you ‘Add to basket’ is added to a ‘shopping basket’. You are given the opportunity to review the quantity in your shopping basket when you choose to ‘check out & deliver’. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered from us, and make amendments and corrections to them until the order has gone into processing.

3.3. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 3.2, you cannot then withdraw or cancel your order except as stated below.

3.4. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click ‘place order’ in the shopping basket ‘order summary’ page.

3.5. Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.

3.6. Subject to clauses 3.8 and 3.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘place order’ button.

3.7. All Products offered by us are subject to seasonal changes in supply levels and supply prices.

3.8. We will endeavour to supply items as close to the ordered weight as possible and guarantee it will be no less than the weight ordered and no greater than 15% of the weight ordered. However, if the weight of any item is unacceptable you may reject it at your complete discretion at delivery time.

3.9. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline.

3.10. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

3.11. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.

3.12. All prices for Products are inclusive of any applicable VAT.

4. Payment

4.1. Payment may be made by debit or credit card through our online payment gateway provided by Worldpay, or by cash upon delivery.

4.2. The debit and credit cards accepted by us are those listed on the website on the date on which your order is placed.

4.3. We will take payment from your card prior to dispatch/delivery/collection once your order has been picked and packed or upon delivery if applicable.

4.4. We reserve the right to terminate our agreement with you if we are refused authority for payment at any time.

4.5. You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

5.  Delivery

5.1. We will deliver your order to the delivery address that you selected when you placed your order. You may change your addresses at any time on the “My Account” webpage. However, this will have no affect on any order that you have submitted but not had delivered. Should this situation arise, you must contact us immediately by email or telephone. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

5.2.Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.

5.3. If no one is at the address when we deliver or in our judgement the person receiving the goods is not an appropriate person we will retain the goods and leave notification of attempted delivery. You will need to contact us to re-arrange delivery and a further charge may become payable provided we attempt to deliver at the agreed time. Unless alternative delivery arrangements have been made at the point of ordering and such arrangements have been accepted by The Modern Greengrocer.

5.4. We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received and the condition of the goods are the same as when they were delivered we will arrange with you for them to be collected. You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.

5.5. Whilst we make every effort to deliver your order in the agreed time we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. If we fail to deliver to the agreed time then we will endeavour to contact you as soon as we are able to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.

5.6. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item at your complete discretion at delivery time.

5.7.We will endeavour to supply items as close to the ordered weight as possible and guarantee it will be no less than the weight ordered and no greater than 15% of the weight ordered.

5.8.In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

5.9. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. A redelivery will be organised, or a full refund.

5.10. All fruit and veg will need a good wash before eating and by accepting these terms and conditions you indemnify us against any harm caused by failing to wash your items before consuming.

5.11. We aim to delivery all our orders within 48 hours of ordering, as long as the order is placed between 8am-5pm (working day). Orders placed outside of these hours will not be picked up until the following working day and therefore, the 48 hours will commence from then. i.e. An order placed at 6pm on a Friday, will not be picked up until Saturday and therefore will be delivered by the end of Monday.

5.12. Bank holidays will not be included within the 48 hours. Therefore, any order placed where a bank holiday falls within the 48-hour delivery period will be subject to an additional 24hours onto their delivery time covering the bank holiday.

5.13. FREE Delivery is available for orders of eligible items for delivery to home or business addresses within a 15-mile radius of the CM6 postcode, subject to a minimum total spend of £12. Orders under this value will incur the relevant delivery cost.

5.14. The Modern Greengrocer reserves the right to change or discontinue FREE Delivery at any time.

6. Changes and cancellation

6.1. You can amend your order or cancel it on the website until we lock it for processing. The exact date an order is locked is dependant on the item that takes the longest to process and therefore will vary from order to order. Orders may be amended or cancelled by telephone or email but only at the discretion of The Modern Greengrocer Ltd.

6.2. If for whatever reason you are unhappy with any non-perishable goods you may return them to us for a full refund provided you inform us within 7 days of receipt of your delivery either by email or letter.  We will arrange with you to either collect the goods from you or for you to return them to us at your cost.  The goods must be unused, in the same condition as they were delivered to you, and in the original packaging.

7. Defective Goods

7.1. We guarantee the quality of our goods. You must inspect the goods and notify us promptly by either informing the delivery person, telephone or email of any dissatisfaction with your order. For the goods that do not meet with your reasonable satisfaction we will arrange with you for them to be collected and at your discretion we will either fully refund you for them or replace them.

8. Liability

8.1. Nothing in these Terms and Conditions will exclude our liability for personal injury or death caused by our negligence.

8.2. We will not be liable to you if our performance is delayed or fails due to circumstances beyond our reasonable control including, but not limited to, fire, flood, strikes, riot, accident, civil commotion, disruption to energy supplies, and act of terrorism or war.

8.3. We will not be liable to you or any third party for any consequential or incidental loss.

8.4. Excepting that set out in paragraph 8.1 our maximum liability to you arising from any order and the subsequent supply of goods will be limited to the retail price of the goods contained in that order and the cost of delivery. 

9. Limitation of Liability

You acknowledge that your use of this site and its content is at your own risk.

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise.

10.  Privacy and security

10.1. The information we request from you when you register and when you place an order will be treated by us with care and security.  We will not sell or rent your information to any third party for their marketing purposes unless you agree otherwise.  Please see our full privacy statement for further details.

10.2. Whenever we request personal detail or credit and debit card information from you we will use Secure Sockets Layer (SSL) technology to encrypt the connection between us and you. Personal details are stored securely on servers that are not directly accessible via the Internet. Your card payment details are stored by our payment service provider Worldpay.

10.3. When you register with this website you will be asked to provide a password. You must keep this password confidential and not disclose it to or share it with anyone. You will be responsible for all orders that are submitted using your password. If you know or suspect that someone else knows your password then you should change it immediately on the “My Account” webpage. If we have reason to believe there may be a security breech or misuse of our website we may require you to change your password or we may suspend your account in accordance with paragraph 11 below.

11. Our right to cancel your registration.

11.1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breech any of your obligations under these terms and conditions.

12. Site accuracy

Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

13. No Warranty

This site and its content are provided “as is” excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or “Trojan horses” and we shall not be liable for any damage you may suffer as a result of such destructive features.

14. Links

Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same

15. Your statutory rights

15.1. If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).

15.2. It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).

16. Local Laws and Regulations

This site is not aimed at anyone in a jurisdiction where the site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the site. Those who access the site do so on their own initiative and are responsible for compliance with applicable laws or regulations.

17. General

17.1. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English Courts.

17.2. If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

17.3. The content of this website is protected by copyright, trademarks, and other intellectual rights. You are only permitted to use this material for your personal use in placing orders on this website. You may not otherwise reproduce, copy, modify, distribute or use for commercial purposes any of the content of this website without written permission from us.

18. Amendments

We may alter these Terms and Conditions at any time by posting the updated Terms and conditions on our Website in place of these. If you do not wish to accept the new Terms and Conditions, you should not continue to order from The Modern Greengrocer Ltd or use the The Modern Greengrocer Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to the new Terms and Conditions.