This page (together with the documents referred to on it) sets out the terms and conditions (terms) on which tastily ltd (referred to as tastily) will deliver meals to you ordered from tastily’s website: www.tastily.co.uk (the site). Please read these terms carefully before subscribing to tastily. By joining the tastily subscription service, you agree to be bound by these terms.
Tastily will notify you by email of any significant changes to tastily’s terms. Subscribing to tastily subscription services will be deemed as acceptance of these terms.
1. About us
1.1 tastily ltd. Is a limited company registered in england and wales under company number 12543381 tastily’s registered hq is at ashgrove cottage, gracious lane, sevenoaks, kent tn13 1tj.
1.2 tastily ltd owns the website www.tastily.co.uk.
2. Service availability
2.1 tastily subscription services are for people residing in mainland uk. Tastily is unable to accept orders from outside mainland uk.
3. Your commitment
3.1 by placing an order through the website, you confirm that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are resident and/or require delivery within mainland uk.
4.1 you should not use tastily if you have a medical condition which affects your dietary requirements. Tastily is not liable for any illness or medical reaction caused by contact with or consumption of tastily food.
4.2 if you have any type of food allergy, tastily ask that you refrain from eating tastily food.
5. Your account
5.1 you are required to create an account on the site before subscribing to the services, by providing a username and password. You are responsible for all actions taken under your chosen username and password.
5.2 by creating an account on the site you confirm:
- that all the details you provide are true, accurate, current and complete in all respects;
- not to disclose your password to anyone and to make every effort to keep your password safe;
- to change your password immediately upon discovering that your account has been compromised; and
- to notify us if you suspect someone has accessed your account without permission.
5.3 tastily reserve the right to terminate your account and to suspend or terminate your access to the site immediately and without notice to you if:
- you breach these terms;
- you are impersonating any other person or entity;
- when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
- tastily suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to the site.
6. Order process
6.1 after subscribing to the services on the site, you will receive an e-mail acknowledging that tastily has received your order. Once your order has been accepted by us, tastily will confirm such acceptance to you by sending you an e-mail confirmation.
6.2 the contract between us (contract) will only be formed after tastily has debited your payment card and confirmed receipt of your order by email. Any products which tastily has not confirmed in the email will not form part of the contract and any suitable arrangements for a refund will be made at tastily’s discretion.
6.3 tastily reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
6.4 the subscription plan for tastily services consist of an initial charge 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 deactivation.
6.5 by subscribing to tastily you are agreeing to pay recurring periodic subscriptions for an indefinite or defined time until cancellation by you or us, on the subscription terms set out in the application form you have completed.
6.6 unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. Tastily reserve the right to include additional charges where certain cards are used, such as (but not limited to) american express or other international credit cards.
6.7 should a payment to tastily be requested to be returned by your bank, tastily reserve the right to charge you a fee for the returned payment.
6.8 when you pay for your order by card, tastily carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.
7. Cancellation and consumer rights
7.1 by entering into these terms you acknowledge that there is no automatic right to a refund where you wish to cancel your subscription for the services.
7.2 if you wish to cancel your subscription you can do so in the customer portal section before friday at 12pm.
7.3 you can re-subscribe at any time, but tastily reserve the right not to permit re-subscription.
7.4 exemption - pursuant to regulation 27(1)(c) of the consumer contracts (information, deactivation and additional charges) regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, delivery boxes containing freshly prepared meals are exempt from the right to withdraw.
7.5 if you are unhappy with your food for a legitimate reason such as:
- incorrect meals received; or
- failure of meals to arrive.
Tastily may provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at tastily’s sole discretion. Including photographic evidence would be beneficial.
8. Availability, delivery and title
8.1 tastily uses our courier dpd to deliver all meals to you at the address provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
8.3 unless otherwise indicated during the order process, all deliveries shall be made between 8am-8pm on wednesdays. Once your tastily box is delivered in accordance with your instructions and after full payment, ownership of the box and its contents passes to you and are deemed to be your responsibility. For the avoidance of any doubt, where a box is delivered in accordance with your instructions and subsequently goes missing:
- this will be regarded as a successful delivery.
8.4 tastily are not able to deliver your meals at a specific time. Chilled meal boxes will be left outside your delivery address or in a location that you request on checkout.
8.5 the driver will take reasonable steps to deliver the meals to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your meals), please notify us of this at the time of placing your order.
8.6 neither tastily nor delivery driver shall be deemed responsible for any theft of meal boxes from the delivery address. If you suspect that your food has been stolen from the delivery address please contact us immediately so tastily can discuss alternative delivery arrangements. Until such alternative arrangements are made, tastily reserve the right to suspend your order until suitable new arrangements have been made.
8.7 tastily expressly disclaims all liability which may arise by virtue of the meals being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, and contamination.
9.1 the price of the meals and tastily delivery charges will be as quoted on the website from time to time. Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
9.2 tastily reserve the right to increase the price of meals to reflect any increase in the cost to us due to any factor beyond tastily’s control (such as, and without limitation, the cost of transporting the meals to your address, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).
10.1 tastily warrants that meals purchased through tastily’s website will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which meals of that kind is commonly supplied.
10.2 you warrant that any and all of the meals ordered by you is for your personal use only and not for resale.
11.1 subject to clause 11.2, if tastily fail to comply with these terms, tastily shall only be liable to you for the purchase price of the meal(s) in which the loss or damage occurred.
11.2 tastily will not accept liability for any loss or damage that is not foreseeable.
11.3 nothing in this agreement excludes or limits tastily’s liability for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the sale of goods act 1979;
- defective food under the consumer protection act 1987; or
- for any other matter in respect of which liability cannot by applicable law be limited or excluded.
11.4 tastily attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that tastily have identified as possible allergen-containing ingredients. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that tastily’s facility prepares foods and uses ingredients in tastily products that contain nuts or nut oil.
11.5 tastily make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.
11.6 tastily cannot guarantee and cannot be responsible for the security or privacy of the site and any information provided by you. Tastily will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the website or you downloading any material posted or sold on the website or from any website linked to it.
11.7 you agree to fully indemnify, defend and hold us, and tastily’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these conditions by you, or any other liabilities arising out of your use of the site.
11.8 this clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
12.1 we hope that you will be entirely satisfied with the meals received from tastily. However, if you have a comment, concern or complaint about any meals purchased from us, please contact us via email at email@example.com
13. Intellectual property rights
13.1 tastily are the owner or the licensee of all intellectual property rights in the site (including the tastily logo), whether registered or unregistered, and in the material published on it.
13.2 food sold by us and site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.
14. Events outside tastily’s control
14.1 tastily will not be liable or responsible for any failure to perform, or delay in performance of, any of tastily’s obligations under a contract that is caused by events outside tastily’s reasonable control (force majeure event).
14.2 a force majeure event includes any act, event, non-happening, omission or accident beyond tastily’s reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, 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/ or
- the acts, decrees, legislation, regulations or restrictions of any government.
15.1 all information provided by you will be treated securely and in accordance with the data protection act 1998 (as amended).
16.1 any failure to exercise or any delay in exercising a right or remedy provided by this agreement or at law or in equity (and/or the continued performance of this agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this agreement.
16.2 the rights and remedies provided by this agreement are cumulative and (except as otherwise provided in this agreement) are not exclusive of any rights or remedies provided at law or in equity.
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.
18. Entire agreement
18.1 these terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
18.2 you acknowledge and agree that in entering into this agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these terms or not) other than as expressly set out in these terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
Tastily have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting tastily’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in tastily’s system's capabilities.
20. Law and jurisdiction
This agreement, any non-contractual obligations arising out of or in connection with this agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of england. Each party irrevocably submits to the exclusive jurisdiction of the courts of england and wales over any claim or matter arising under or in connection with this agreement.
Give 20 get 20 scheme
Tastily may, from time to time, offer existing customers, or other persons, the opportunity to earn rewards by referring friends and family
2. How the program works
You will receive a £20 promotional code that can be applied to two orders of tastily meals ("discount offer") for each qualified new-to-tastily friend referral, and give your friend a special invitation to get their first two orders of any meal plan at a discount of £20 (“special introductory offer”). You will receive an email with your promotional code within 24 hours of your friend placing an order through your referral link. You are eligible to receive only ten (10) discount offers in a calendar month.
To qualify to share the offer and receive your discount offer, you must already be a tastily customer, must order at least 6 meals, must be at least 18 years of age or older, must have placed at least one order prior to sharing, have the legal right to provide the necessary personal information of each referred friend, and not be an employee of freshly or its subsidiaries, affiliates or promotional agencies, including immediate family and household members. To qualify to redeem their special introductory offer, and for you to receive your discount offer, your friend must (1) be at least 18 years of age; (2) be a new tastily customer; and (3) order at least tastily meals using the unique link provided in their email invitation. Discount is valid only for new tastily customers who access tastily using the unique link in their special invitation.
Program discounts and offers may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you. You are responsible for any and all tax liabilities associated with the program.
3. Program limitations
Discount offer valid only for intended email recipient, and cannot be combined with any other tastily offer. Terms, conditions, features, availability, pricing, fees, service and support options subject to change without notice. Referrals, offers, and rewards are subject to verification at tastilys sole discretion.
Discount offers and special introductory offer are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the program or any portion thereof for any reason, or upon cancellation of your tastily account for any reason, any unredeemed discount offers and special introductory offers are forfeited.
Your referral link cannot be posted on any public forums – it can only be shared via email. Please note that you must tell your friends that you are eligible to receive a reward if they make a qualifying purchase.
if you do not, it is a violation of these program terms and may result in your immediate termination from the program, disqualification from future participation, and forfeiture any credit owed to you as a result of your participation in this program.
Freshly and its program service providers ("we") reserve the right at any time and for any reason to modify these terms, or to change, interrupt or stop the program either for a period of time or permanently with or without notice. We reserve the right to delay, cancel, revoke, or prevent issuing of the rewards in any suspected case of fraudulent use or misuse of tastily service or this program. Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will result in similar actions by us with respect to terminating your account and participation in the program.