Terms and Conditions of My Cook Box Ltd
What these terms cover
This page (together with the documents referred to on
it) tells you the terms and conditions on which we will supply to you the
products (Products) listed on our website www.mycookbox.co.uk (our site) via
one of our subscription services (Services).
Why you should read them
Please read these terms and conditions carefully before ordering any
Products from our site or subscribing to one of our Services. These terms tell
you who we are, how we will provide Products to you, how you and we may change
or end the contract, what to do if there is a problem and other important
information. If you think that there is a mistake in these terms, please
contact us to discuss. You should understand that by ordering any of our
Products or subscribing to one of our Services, you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions for future
Please tick the checkbox in the shopping basket to accept these terms and
conditions. Please understand that if you refuse to accept these terms and
conditions, you will not be able to order any Products from our site.
INFORMATION ABOUT US
Who we are
We operate the website
www.mycookbox.co.uk. We are My Cook Box Ltd, a company registered in England
& Wales. Our company registration number is 11211149. Our registered
address is Third Floor, 1 New Fetter Lane, London, United Kingdom, EC4A
How to contact us
You can contact us by writing to us at firstname.lastname@example.org or Third Floor, 1 New Fetter Lane,
London, United Kingdom, EC4A 1AN.
How we may contact you
If we have to contact you we will do so by telephone
or by writing to you at the email address or postal address you provided to us
in your order.
"Writing" includes emails
When we use the words "writing" or
"written" in these terms, this includes emails.
Our site is only intended for use by people residing
in the United Kingdom of Great Britain (except Northern Ireland, the Highlands
and Islands) (Serviced Countries). We do not accept orders from individuals
outside those countries.
By placing an order through our site, you warrant that:
you are legally
capable of entering into binding contracts;
you are at least 18
you are resident in
one of the Serviced Countries; and
you are accessing our
site from that country.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
How we will accept your order
After placing an order on
our standard order form, you will receive an e-mail from us acknowledging that
we have received your order. Please note that this does not mean that your
order has been accepted. Your order constitutes an offer to us to buy Products
by subscribing to a Service. All orders are subject to acceptance by us, and we
will confirm such acceptance to you by sending you an e-mail that confirms that
the Product has been dispatched (Dispatch Confirmation). The contract between
us (Contract) will only be formed when we send you the Dispatch Confirmation.
What Products are we contracted to supply?
The Contract will relate
only to those Products whose dispatch we have confirmed in the Dispatch
Confirmation. We will not be obliged to supply any other Products which may
have been part of your order until the dispatch of such Products has been
confirmed in a separate Dispatch Confirmation.
If we cannot accept your order
If we are unable to
accept your order, we will inform you of this and will not charge you for the
Product. This might be because the Product is out of stock, because of
unexpected limits on our resources which we could not reasonably plan for,
because we have identified an error in the price or description of the Product
or because we are unable to meet a delivery deadline you have specified.
How does a subscription plan work?
The subscription plan to our Services consist of an initial charge and then
followed by recurring period charges as agreed to by you. By entering into this
Agreement, you acknowledge that your subscription has an initial and recurring
payment feature and you accept responsibility for all recurring charges prior
to cancellation. mycookbox.co.uk may submit periodic charges (e.g., monthly)
without further authorisation from you, until you provide prior notice that you
have terminated this authorisation or wish to change your payment method. Such
notice will not affect charges submitted before mycookbox.co.uk reasonably
could act. To terminate your authorisation or change your payment method email email@example.com.
Cancelling and Re-Subscribing
By subscribing to mycookbox.co.uk you are agreeing to pay recurring periodic
subscriptions for an indefinite time until cancelled by you or us, on the
subscription terms set out in the application form you have completed, subject
to variation in accordance with clause 4.6 below. You can cancel your subscription at any time
in accordance with clause 6 below. You will not be charged for any cancellation.
You can re-subscribe 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 by you.
Pausing Your Subscription
subscription is easy. You just need to go to your account area and follow these
steps (This must be arranged by 11.59pm on the Wednesday before your next
· 1. Log in on the MyCookBox website;
· 2. Click on My Deliveries
· 3. Click on Delivery Schedule
- 4. Click on the
‘on’ toggle for each week you wish to pause, so it switches to ‘off’
We may not allow re-subscription
We reserve the right at our
absolute discretion to terminate or not to renew your subscription at any time
without giving any reasons for our decision. For example, outstanding payments
or if we no longer deliver to your address.
VOUCHERS AND GIFT CARDS
We may offer gift cards,
discount promotions and other types of voucher (Voucher) which require to be
activated by email application in order for the holder to commence delivery of
Products through a Service. If paid for, the Voucher is deemed to have been
sold at the time of payment for it. All of these terms and conditions shall
become applicable as between us and the holder of the Voucher (Holder) when the
Holder redeems the Voucher by applying for a Service to commence.
A Voucher may only be used
once by its Holder and may not be copied, reproduced, distributed or published
either directly or indirectly in any form or stored in a data retrieval system
without our prior written approval.
Withdrawal or deactivation
We reserve the right to
withdraw or deactivate any Voucher (other than a paid for gift card) for any
reason at any time.
How to use your voucher
Vouchers may only be redeemed through the website
www.mycookbox.co.uk and not through any other website or method of communication.
To use your Voucher you will be required to enter its unique code at the online
checkout and use of such code will be deemed to confirm your agreement to these
terms and conditions and any special conditions attached to the Voucher,
Do Vouchers cover delivery costs?
Any discounts attached to Vouchers apply to the
price of the Products ordered only and not to delivery charges, which will be
chargeable at normal rates.
Vouchers may not be used in conjunction with
We reserve the right to
exclude the use of voucher codes on specific products. For example vouchers linked to the normal
MyCookBox subscription cannot be used on the MyCookBox Christmas Box or Gift
will not be applied in conjunction with any existing account credit.
Right to Cancel
You may cancel a
contract at any time and without giving any reason. To exercise the right to
cancel you must inform us of your decision to cancel this contract by a clear
statement and by either:
sending an email to firstname.lastname@example.org by 17:00
on the Wednesday before your next delivery. You may use the model cancellation
form in clause 6.3, but this is
not obligatory; or
logging in on the MyCookBox website by 11.59pm
on the Wednesday before your next delivery and carrying out the following:
Go to Account Settings on the menu to the right;
Click "Cancel My Account".
meet the cancellation deadline, it is sufficient for you to send your
communication concerning your request to cancel before the relevant
cancellation period has expired.
Effects of Cancellation
If you cancel this contract before the deadline set
out in 6.1 above, you will no longer receive the Services from
the date you notify us of your decision to cancel and the contract will end.
If you decide to
cancel this contract but miss the cancellation deadline outlined in 6.1 you will be charged for and shall receive a final delivery
for the following week after you submit your cancellation request. The contract
will end at the point of final delivery.
Model cancellation form
(complete and return
this form only if you wish to cancel the contract)
— To My Cook Box Ltd,
— I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale
of the following goods and services
— [insert type of boxes you have subscribed to]
— Name of consumer(s),
— Address of consumer(s),
— Customer ID of consumer(s) (if known),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.
AVAILABILITY AND DELIVERY
Your order will be fulfilled
by the delivery date set out in the Dispatch Confirmation or, if no delivery
date is specified, then within 10 days of the date of the Dispatch
Confirmation, unless there are exceptional circumstances.
Delivery windows stated by MyCookBox are an indication, and not a guarantee of
delivery within these hours. We reserve the right to deliver your box at any
point on the day of delivery set out in the dispatch confirmation.
Completion of Delivery
Delivery will be completed
when we, or our authorised courier company, deliver the Products to the address
you gave us. If no one is available at your address to take delivery, we, or
our authorised courier company, will follow the delivery instructions provided
to us by you. If no leave safe instructions are specified, the order will be
left in an area that the authorised courier company considers safe.
The leave safe location specified by you shall be within the area of the
delivery address and shall be accessible to the courier. We will endeavour to
follow any delivery instructions you provide but this cannot be guaranteed.
MyCookBox’s 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 considered
safe by the courier.
If the personal handover of
the box is not possible and no leave safe is available MyCookBox 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. In addition, the box may also be delivered to a recipient
residing in proximate walking distance to the delivery address (e.g. same
housing complex, building on the opposite side of the street, next-door
building). All aforementioned nearby households and businesses are subsequently
referred to as “neighbours”.
The customer will be notified of such delivery to a neighbour by delivery
notice or via email.
Default of acceptance
If neither a personal
handover nor a delivery to a neighbour is possible, you will be in default of
acceptance unless an exemption according to paragraph 7.2 applies.
MyCookBox will not attempt a further delivery. You are obliged to bear all
expenses related to aforesaid default of acceptance.
RISK AND TITLE
Once the delivery is completed, according to the
preceding paragraph (i.e. signed for by customer, left in a safe spot as
specified by the customer or considered safe by authorised courier company, or
delivered to a neighbour if no leave safe is provided or available) the risk of
any damage or loss of the box will be with the customer. MyCookBox shall not be
held liable for any damage, defect or loss which may occur thereafter.
You are fully responsible for any damages or losses due to any ambiguity
regarding the safe spot specified by you. MyCookBox is not obliged to review
the safe spot as to its general suitability.
Refusal of the box does not negate the charge, MyCookBox will not be liable for
any losses sustained by the customer relating to a refusal of delivery by our
authorised courier company.
PRICE AND PAYMENT
How much are the boxes?
The price of the Products and our delivery charges will be as quoted on our
site from time to time, except in cases of obvious error.
Is VAT included?
Product prices include VAT.
Prices are fixed once you receive a Dispatch
Product prices and delivery
charges are liable to change at any time, but changes will not affect orders in
respect of which we have already sent you a Dispatch Confirmation.
How can you pay for your box?
Payment for all Products and
Services must be by credit or debit card. We accept payment with Visa and
OUR REFUNDS POLICY
If you are unhappy with your box for a legitimate
reason such as: the box was missing ingredients, the box was damaged, the box
did not arrive. We will offer an appropriate refund as long as it can be shown
that the box you were charged for was not provided as it should have
We warrant to you that any Product purchased from us
through our site 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.
Subject to clause 12.2, if we fail to comply with these terms and
conditions we shall only be liable to you for the purchase price of the
Death or personal injury
caused by our negligence;
Fraud or fraudulent
Any breach of the
obligations implied by section 12 of the Sale of Goods Act 1979;
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
Applicable laws require that some of the information
or communications we send to you should be in writing. When using our site, 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.
All notices given by you to us must be given to My
Cook Box Ltd at email@example.com. We may give notice to you at either the
e-mail or postal address you provide to us when placing an order, or in any of
the ways specified in clause 13 above. Notice will be deemed received and properly
served immediately when posted on our website, 24 hours after an e-mail is
sent, or three 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 e-mail, that such e-mail was sent to the specified e-mail
address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between
you and us is binding on you and us and on our respective successors and
You may not transfer,
assign, charge or otherwise dispose of a Contract, or any of your rights or
obligations arising under it, without our prior written consent.
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
INTELLECTUAL PROPERTY RIGHTS
We are the owner or
the licensee of all intellectual property rights in our site, whether
registered or unregistered, and in the material published on it. These works
are protected by copyright laws and all such rights are reserved.
You may print off one
copy, and may download extracts, of any pages from our site for your personal
reference. You must not use any part of our copyright materials for commercial
purposes without first obtaining a licence to do so from us and our
If you post comments
on the Products or Services to any website, blog or social media network
(Commentary) you must ensure that such Commentary represents your fairly-held
opinions. By subscribing to the Services you irrevocably authorise us to quote
from your Commentary on our site and in any advertising or social media outlets
which we may create or contribute to.
EVENTS OUTSIDE OUR CONTROL
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 events outside our
reasonable control (Force Majeure Event).
A Force Majeure Event
includes any act, event, non-happening, omission or accident beyond our
reasonable control and includes in particular (without limitation) the
Strikes, lock-outs or
other industrial action;
riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the
use of railways, shipping, aircraft, motor transport or other means of public
or private transport;
Impossibility of the
use of public or private telecommunications networks; and
The acts, decrees,
legislation, regulations or restrictions of any government.
Our performance under
any Contract is deemed to be suspended for the period that the Force Majeure
Event continues, and we will have an extension of time for performance for the
duration of that period. We will use our reasonable endeavours to bring the
Force Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
If we fail, at any
time during the term of a Contract, 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, this will not constitute a waiver of such rights or remedies and
will not relieve you from compliance with such obligations.
A waiver by us of any
default will not constitute a waiver of any subsequent default.
No waiver by us of
any of these terms and conditions will be effective unless it is expressly
stated to be a waiver and is communicated to you in writing in accordance with
clause 14 above.
If any of these terms and Conditions or any
provisions of a Contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms, conditions
and provisions which will continue to be valid to the fullest extent permitted
These terms and
conditions and any document expressly referred to in 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.
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.
Each of us agrees
that our only liability in respect of those representations and warranties that
are set out in this agreement (whether made innocently or negligently) will be
for breach of contract.
Nothing in this
clause limits or excludes any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to
revise and amend these terms and conditions from time to time to reflect
changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
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
Dispatch Confirmation (in which case we have the right to assume that you have
accepted the change to the terms and conditions, unless you notify us to the
contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our
site and any dispute or claim arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or
claims) will be governed by English law. Any dispute or claim arising out of or
in connection with such Contracts or their formation (including non-contractual
disputes or claims) will be subject to the non-exclusive jurisdiction of the
courts of England and Wales.