Our Terms and Conditions

POTAGE LIMITED

1. THESE TERMS. These are the terms and conditions on which we supply products to you, and by placing an order with Potage Limited you agree to be bound by these terms and conditions of sale. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. 


2. INFORMATION ABOUT US AND HOW TO CONTACT US


2.1 Who we are. We are Potage Limited a company registered in England and Wales. Our company registration number is 08217527 and our registered office is at Unit 7, 2 Linford Street, London, England, SW8 4AB.  

2.2 How to contact us. You can contact us by telephoning our customer service team at 020 7498 5759 or by writing to us at hello@potage.co.uk.

2.3 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. When we use the words "writing" or "written" in these terms, this includes emails.


3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. When you place an order, you will receive an on-screen confirmation of your order details.  However our acceptance of your order will only take place when we email you to accept it, at which point a legally binding contract will come into existence between you and us. 

3.2 If we cannot accept your order. If we are unable to accept all or part of your order, we will inform you of this and will not charge you for the relevant product(s). 

3.3 Your order number. We will assign an order number to your order and tell you what it is when we email you to accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We may offer a subscription service.  By signing-up for a services subscription you agree to pay us until you or we end the subscription. For the duration of your subscription, this commits you to paying for each such subscription service and you authorise us to instruct your card issuer to debit the corresponding sum automatically at the frequency determined by you when placing your first order.  If the subscription service allows you to select different products for each delivery, you acknowledge that if you do not confirm you own selection by the relevant cut-off date/time specified on our website, we will select the products for you.

3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside of mainland UK and cannot currently deliver to Northern Ireland, Republic of Ireland, Scottish Highlands and Scotland north of Glasgow, Isle of Wight, Isle of Man and the Channel Isles.

4. DISCOUNTS AND PROMOTIONS. Discount codes may be sent via email or in the post to you if you opt-in to receive correspondence from us. You may be given a discount code to take advantage of any promotion we offer. Please check any applicable expiry dates which may be stated on the promotional material.  If an expiry date applies, unless a time is stated, the promotion will expire at midnight on the date stated. Discount codes will not be valid for use in conjunction with other offers, promotions or discounted items.  If there is a minimum spend for the promotion to apply, the minimum spend amount must be in addition to any promotions, meal deals, multi-buys or other discounted items.  Any terms and conditions contained in the promotional material will apply in addition to these terms, and will take precedence over these terms in the event of any conflict.  If a discount code takes the order below the minimum order value threshold, you will need to add additional products to your basket to reach this threshold. The same applies to any free delivery threshold.  If the discount code or promotion has not been successfully applied and the order completed we are not obliged to re-issue a discount code or apply the discount retrospectively.

5. GIFT CARDS. Gift cards are redeemable within the relevant expiry date for orders placed.  Gift Cards cannot be exchanged or refunded for cash.  Gift Cards can be used towards purchases at a higher price than its face value upon payment of the difference.  If a Gift Card is used for a transaction at a lower value than the face value of the Gift Card, then the Gift Card will be updated with the revised balance and can be used towards future purchases.  In the event that you are issued with a refund in relation to any product(s) purchased using a Gift Card, the refund amount will be added to the balance of the Gift Card used to complete the purchase.  We have no liability for replacement or refund if a Gift Card is lost, stolen, or used by an unauthorised third party, whether they have been redeemed or not.

6. PRODUCTS MAY VARY.  The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, our products may vary slightly from those images.  The packaging of the products may vary from that shown in images on our website.

7. CHANGES TO THE PRODUCTS. We may change the products at any time to reflect changes in relevant laws and regulatory requirements or make minor adjustments to recipes.  These changes will not affect your use or enjoyment of the products.  In addition, we may make more significant changes to the products, for example a significant change to a recipe or if an ingredient is unavailable and needs to be substituted.  In the event that we make a significant change after you have placed your order, we will notify you as soon as reasonably practicable, and you may contact us in writing to cancel and receive a refund.

8. SUBSTITUTIONS.  In the event that we are unable to supply a product as part of your order for any reason, we may contact you and offer you a substitute product.  If you notify us in writing that you would like to accept the substitute product, we will include this item in your delivery instead of the original product you ordered.  If the substitute product is cheaper than the original product you ordered, we will refund you the difference in price.  If the substitute product is more expensive than the original product you ordered, you will not be charged anything further to receive the substitute product.

9. YOUR RIGHT TO CANCEL OR MAKE CHANGES.
We are governed by the UK Distance Selling Regulations, however, as our products are perishable, you are not entitled to the right to return unwanted goods within 14 days of receiving them. Orders can be cancelled in accordance with clause 9.2 below.
If you wish to cancel your order, or make a change to your order, please contact us in writing as soon as possible, and no later than 7am two working days before your booked delivery.  For example, if your booked delivery day is Tuesday, we would need to receive notification in writing by 7am on the previous Friday. If you have requested a change, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If you choose not to go ahead, your order will be cancelled and you will receive a refund.

10. DELIVERY

10.1 Delivery costs and timescales. Please check our FAQs for details of our delivery costs and timescales.

10.2 Delivery Delays.  We are not responsible for delivery delays outside of our control. If delivery is delayed we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.  If your order cannot be delivered on the expected delivery date, we may contact you to arrange a suitable alternative for the next available delivery date, or you may contact us in writing to request a refund. 

10.3 If you are not at home for delivery. At checkout, we will ask you to confirm your ‘safe place’ for delivery in the event you are not at home to receive it.  If nobody is available at your address to take delivery, your order will be left in your chosen ‘safe place’.  If you do not specify your ‘safe place’ at checkout, the delivery driver will leave it in a place they deem safe at their absolute discretion.  If we have left your Products in your ‘safe place’, or another place deemed safe by the delivery driver, and they are stolen or damaged, we do not accept any liability for such. We may offer you a refund at our complete discretion.

10.4 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.

10.5 When you own goods. You own the product once we have received payment in full.

10.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, email address, contact telephone number, billing address and delivery address, which will be requested as part of the ordering process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end our contract with you.  We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. As we sell perishable goods, please inspect the products as soon as they are received by you.  If you have any questions or complaints about the product, please contact us immediately. You can telephone our customer service team using the details specified at clause 2.2 above. We will be happy to issue a refund or store credit (at our discretion) for any product you feel does not meet our product description or standards, or any item that has been damaged in transit. 

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. 

12. OUR RIGHTS TO END OUR CONTRACT WITH YOU

12.1 We may end our contract with you if you break it. We may end our contract with you for delivery of a product at any time by writing to you if:

      1. you do not make any payment to us when it is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, as described in clause 7.7 above;
      3. you do not, within a reasonable time, allow us to deliver the product to you.

12.2 Refund if you break our contract with you. If we end our contract with you in the situations set out in 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable amount for the net costs we will incur as a result of your breaking the contract.

13. PRICE AND PAYMENT

13.1 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

13.2 When you must pay and how you must pay. We accept payment with Amex, Apple Pay, Google Pay, Mastercard, Visa, Paypal, Shopify Pay.  You authorise us and/or our third party payment providers to take payment and/or charge your payment card for the relevant amount at the relevant time.  You must pay for the products before we dispatch them.  

13.3 Subscription service payments.  If you are using a subscription service, payments will be taken after the relevant cut-off date/time specified on our website (which may change from time to time), depending on the delivery date you have booked.  We may change our prices at any time, and if you are using a subscription service we will give you notice of this at least 14 days before any price change takes effect.  Payments taken after the notice period will be at the new price.  If you do not accept the new price, you can cancel your subscription in accordance with clause 9.2 above.    

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you, of satisfactory quality, fit for any particular purpose made known to us, and supplied with reasonable skill and care; and any other implied rights under the Consumer Rights Act 2015.

14.2 What we are responsible for. Subject to clause 14.1 above, if we fail to comply with these terms, we are responsible for loss or damage you suffer which is:-

      1. up to the maximum amount of the purchase price of the relevant product(s); and
      2. a foreseeable result of our breaking this contract or our failing to use reasonable care and skill (but we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.3 We are not liable for business losses. We only supply the products for domestic and private use. You are not permitted to use our products commercially or re-sell our products under any circumstances, without our prior written consent.  If you do use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 We are not liable for circumstances beyond our reasonable control.  We are not liable for failure to perform or delay in performing any obligation under these terms if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication errors.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION.  We will only use your personal information as set out in our Privacy Policy.

16. OTHER IMPORTANT TERMS

16.1 We have the right to change or vary these terms and conditions at any time.  Unless otherwise required by applicable laws and regulations, you will be subject to the policies and terms and conditions in force at the time that you receive your order confirmation from us.

16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, it will not prevent us taking steps against you at a later date. 

16.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 

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