Website Terms & Conditions

Please read these terms and conditions carefully before ordering any products from our site or subscribing to one of our services.

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may use our website www.engrained.co.uk (the “Website”), whether as a guest or a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.

Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of this for future reference.

By using our Website or by ordering any of our products or subscribing to one of our services, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you should not use our Website.

These terms of use refer to the following additional terms, which also apply to your use of our Website:

Our Privacy & Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.  It also sets out information about the cookies on our Website.

If you purchase goods from our Website, our Terms and conditions of supply will apply to the sales.

We operate the website www.engrained.co.uk, a brand of engrained . (“We”) We are registered in Lewisham, England and have our registered office at engrained, Amyruth Rd, London SE4 1HQ, United Kingdom.

Our site is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland (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; and

• you are at least 18 years old;

• you are resident in one of the Serviced Countries; and

• you are accessing our site from that country.

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You will be provided with a user name and  password as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected].

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Website; or

• use of or reliance on any content displayed on our Website.

• If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you, which will be set out in our Terms and conditions of supply.

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

• You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

• You must not establish a link to our Website in any website that is not owned by you.

• Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

• We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact [email protected]

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

To contact us, please email [email protected].

Thank you for visiting our Website.  We hope these Terms & Conditions are clear and precise – if you have any questions or concerns please contact us using the email address above.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are engrained, a food business registered in England. Our email address is [email protected]; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

2. Contract means the legally-binding agreement between you and us for the supply of the Goods;

3. Delivery Location means the location where the Goods are to be supplied, as set out in the Order;

4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

7. Privacy & Cookie Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

8. Website means our website www.engrained.co.uk on which the Goods are advertised.

1. The description of the Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the Goods supplied.

2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3. All Goods which appear on the Website are subject to availability.

4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

2. We retain and use all information strictly under the Privacy & Cookies Policy.

3. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

4. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier via the website or email.

5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

2. Where applicable, prices and charges include VAT at the rate applicable at the time of the Order.

3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

1. We will deliver the Goods, to the Delivery Location as soon as possible using the selected mail service. We aim to get it to you as soon as we possibly can.

2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

   1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

   2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

4. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us.

5. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

6. The Goods will become your responsibility from the completion of delivery.

1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery.

1. You can withdraw the Order / Subscription by telling us before the product is dispatched, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

2. This is a distance contract which has the limited cancellation rights (Cancellation Rights) as we are supplying foodstuffs. Cancellation Rights, do not apply to a contract for the following goods (with no others) in the following circumstances:

   1. Foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;

   2. Goods that are made to your specifications or are clearly personalised;

   3. Goods which are liable to deteriorate or expire rapidly.

3. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

4. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

1. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by emailing us at [email protected].

2. Orders must be cancelled before the Monday of the delivery week.

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at engrained, 4 Amyruth Rd, London SE4 1HQ without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

For the purposes of these Cancellation Rights, these words have the following meanings:

Conformity

• We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

• • be of satisfactory quality;

  • be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

  • conform to their description.

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

2. Circumstances beyond the control of either party

3. In the event of any failure by a party because of something beyond its reasonable control:

4. the party will advise the other party as soon as reasonably practicable; and

5. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

3. We try to avoid any dispute, so we deal with complaints in the following way: If you’re not happy for any reason just let us know within 15 days and we’ll refund you.

These terms and conditions were created with help from Rocket Lawyer (https://www.rocketlawyer.co.uk).