TERMS & CONDITIONS
Last updated: 11 February 2018
1.1. This website is owned and operated by Etefy Limited ("we", "us" or "our"), a company incorporated in England and Wales under company number 09643226 and having its registered office at A03 Parkhall Business Centre, 40 Martell Road, London, United Kingdom, SE21 8EN. Our trading address is at A03 Parkhall Business Centre, 40 Martell Road, London, United Kingdom, SE21 8EN. Our VAT number is 228612609.
1.2. Please read these terms and conditions carefully before you start to use our website. They cancel and replace any previous versions. By using our website, you agree to be bound by these terms and conditions. Please print or save these terms and conditions for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. If you do not agree to these terms and conditions of use, you must not use our website.
1.3. These terms and conditions apply to your use of our website at www.etefy.co.uk. Use of our Etefy app is subject to separate terms and conditions.
1.4. Our supplies are intended for use only in the UK. We do not warrant that our goods comply with the laws, regulations or legal standards outside the UK.
2. Changes to the terms and conditions
2.1. We may change these terms and conditions at any time by posting the revised version on our website although the terms and conditions governing any given use or order will be those in effect at the date of your order or specific use. If you place an order or use our website after we have published any changes you will be bound by those changes. Accordingly, please check this page prior to each order or use and take notice of any changes we have made to these terms and conditions as you will be bound by the revised terms if you continue to use our website.
3. Our contract with you
3.1. After placing an order, you will receive an e-mail from us to confirm your order. Please note that the order confirmation does not constitute our acceptance of your order. All orders are subject to acceptance by us sending a dispatch confirmation by email, at which point a contract will come into existence between you and us.
3.2. If we are unable to accept your order, we will let you know as soon as possible 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, or 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.
3.3. We reserve the right to cancel your order at any time if we suspect fraud, have reason to believe you are in breach of any of your obligations under these terms and conditions, or if there is an outstanding payment in respect of any account registered at your address. In the event that we cancel your order, you will be notified.
4. Price and methods of payment
4.1. The price of the product will be the price indicated on the order page when you placed your order. Prices include VAT but exclude delivery costs (if any), which will be added to the total amount due before you place your order. Prices 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 by email.
4.2. Payment may be made by debit or credit card, as well as via PayPal. The debit, or credit cards accepted by us are those indicated on our website on the date on which your order is placed.
4.4. If your basket contains alcohol, tobacco or certain medicinal products we will be unable to accept PayPal as a valid payment method. Please refer to the PayPal Acceptable Use Policy for more information on these products.
4.5. In the event of any conflict between the price of products as displayed on our website at the time of your order and any recommended retail price (RRP), the price of products as displayed on our website at the time of your order takes precedent.
5.1. No orders will be delivered outside of our delivery zone (London's M25). We reserve the right at our entire discretion to restrict or stop delivery in certain areas without any advance notice. In the event that we no longer deliver to any areas, our customer services shall get in touch with you as soon as possible regarding any affected orders. We have the right to withdraw services to individual customers’ addresses without advance notice if such individuals are repeatedly unavailable to receive or collect deliveries at his/her time slot or in other exceptional circumstances.
5.2. Our main goal is to deliver your products within an hour. This however is not a guarantee or warranty that all deliveries shall be completed within this time scale. In the event which we fail to deliver your order within an hour, we may at our absolute discretion offer you loyalty points as a goodwill gesture provided that you have an account with us.
5.3. Please note that severe weather conditions, road traffic issues, disruption to energy supplies, breakdown of equipment or vehicles, strike, shortage or unavailability of stocks, acts of God, fire, flood, civil commotion, riot, acts of terrorism or other events which are outside of our reasonable control may lead to the occasional delay or even cancellation in delivery. In such events, we shall contact you as soon as we are able and discuss alternative arrangement if possible. If any delay or failure to perform our service is due to circumstances outside our reasonable control, we shall not be deemed to be in breach of these terms and conditions or to have failed to perform our obligations. Subject to Clause 13.1, we shall not be liable to you for any amount which is over and above the value of any affected orders which are not delivered to you.
5.4. Products must be signed for at the delivery address. It is your responsibility to ensure that you or an appropriate person is available at the delivery address to sign for the products on delivery. If you are not available to accept or collect your order upon our arrival for any reasons, there will be a charge of £5.99 (including VAT) to re-arrange delivery, and we shall endeavour to get your products delivered as soon as reasonably practical. In cases where it is not possible to re-arrange delivery for any reason, your order will be cancelled. In circumstances where you fail to be available or to arrange for an appropriate person to accept or collect your order upon our arrival, we reserve the right to charge you in full for the total price of perishable items and any other associated costs.
5.5. A product will be at your risk from the time we deliver the product to the address you gave us. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including any delivery charges.
6. Your content on our website
6.1. If we allow you to upload any comments, reviews or other content to our website, it is your responsibility to ensure that such information is accurate, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
6.2. We reserve the right without notice to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
6.3. 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 breach, your right to use our website will cease immediately.
6.4. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant to us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
6.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
6.6. You may only use our website for your own personal use provided that you do not reproduce, modify, distribute or copy any content without our consent subject to these terms and conditions.
6.7. We reserve all rights not expressly granted or specified in these terms and conditions in connection with our website or its use.
7.1. If we enable you to create an account on our website, you acknowledge that this is for your personal use only and is non-transferable. You must ensure all details you provide upon registration are accurate and complete. If there is any change to these details, please notify us as soon as possible. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
7.2. We have the right to disable any user identification code 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 and conditions.
7.3. We have the right at our sole discretion to restrict or stop your access to our website as well as the right to decline your new registration for security reasons or otherwise without notice to you.
8. Availability of our website
8.1. We make our website available free of charge.
8.2. We do not guarantee that our website will always be available, uninterrupted or error-free. We are entitled without notice and without liability to suspend, withdraw, discontinue or change all or any part of our website for repair, maintenance, improvement or for any other reason.
8.3. Access to our website is permitted on a temporary basis.
9. Our content
9.1. We may update our website from time to time, and may change the content at any time. However, we do not guarantee that any information or content that we may make available on our website is accurate or up to date, and we are under no obligation to update it. You rely on it at your own risk.
9.2. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. It is your responsibility to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
9.3. We do not guarantee that our website will be secure or free from bugs or viruses.
9.4. Our website and its content are provided without any warranty or representation. Subject to Clause 13.1, we have no liability for any errors or omissions or any technical issues you may have in connection with its use. Nor will we have any liabilities for the unsuitability or inaccuracies of our website or the adequacy of our website to meet your requirements.
10.2. We respect your privacy. You do not have to provide any personal information to us when browsing our website. However, you may not be able to access and enjoy all facilities of our website if you choose not to share such information with us. For example, we are not able to process your order if you do not provide your personal information to us. When you shop on our website, we will ask you to submit and we will collect personal information from you including but not limited to your name, email address, billing address, payment details, delivery details, contact number, username and password for account logging in. By using our website, you consent to our processing of your personal data and you warrant that all data provided by you is accurate.
10.3. We use your personal information for the following purposes: i) to process your order; ii) for collection of data to improve your experience and our services to you; iii) to provide you with product or service information which may be of interest to you; and iv) for our internal administration. We are constantly looking for ways to improve our services and would like to keep you up to date with our products and services. If you have any questions about how we process your personal information, please contact our customer services department. You have the right to request a copy of any personal information about you which we hold and have any inaccurate personal information corrected. To view any personal information about you which we hold, please write to us at A03 Parkhall Business Centre, Martell Road, London, England, SE21 8EN. Nothing in these terms and conditions affects your rights under the UK data protection legislation.
10.4. We may disclose your personal information to law enforcement agencies and regulatory authorities investigating suspected illegal activities or fraud or for fraud prevention reason.
10.5. We may disclose your personal information to other businesses within the Etefy group and to third parties who will help process your order provided that they follow practices at least as protective as those described in these terms and conditions. We require any such third parties to treat your personal information as confidential and to comply with all applicable UK data protection legislations.
10.6. You understand that we are an online business. You agree that we may contact you for the purposes stated in these terms and conditions by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of your rights. If you do not wish to receive communication from us in any particular medium, please write to us at A03 Parkhall Business Centre, Martell Road, London, England, SE21 8EN.
10.7. We may record your calls with us to monitor the provision of our services to you or for training or development purposes.
10.9. A “cookie” is a text-only string of data that is entered into the cookie file or “memory” of the web browser for your computer. It will typically contain the name of the domain where the cookie has come from, the ‘lifetime’ of the cookie and a value, usually a randomly generated unique number. If you would like to know more about cookies please visit www.aboutcookies.org.
11. Intellectual property rights
11.1. All trademarks, logos, text, content (including our website’s structure and layout, but excluding any comments, opinions or other content provided or uploaded by you), graphics, images, photographs, animation, videos and software used on our website are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
11.2. For the avoidance of doubt, you may not collect, scrape or harvest any content on our website or deep-link to or frame content on our website without our specific prior written consent.
12. Third party websites
12.1. We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. We are not responsible for any content which appear on third party websites. We do not accept any liabilities or any issues arising from your use of their websites or their content. We make no representation on the contents of any third-party websites. It is your responsibility to ensure that you adhere to their website conditions and policies. You use such third-party sites at your own risk.
13.1. Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not be excluded or limited by English law.
13.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
13.3. To the extent allowed by law, you and we exclude all conditions, warranties, representations or other terms which may apply to our website, whether express or implied, and whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to us includes our employees and agents.
13.4. Our liability of any kind (including our own negligence) with respect to our service for any one event or series of related events is limited to £50
13.5. 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:
a. use of, or inability to use, our website; or
b. use of or reliance on any content displayed on our website.
13.6. 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.
13.7. In no event (including our own negligence) will we be liable for any:
a. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b. loss of goodwill or reputation;
c. special, indirect or consequential losses; or
d. damage to or loss of data
13.8. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of these terms and conditions.
13.9. You will indemnity us in relation to the content you post, submit or transmit on our website and your use or misuse of our website.
13.10. These terms and conditions constitute the entire agreement between you and us with respect to its subject matter and supersedes any previous communications or agreements between you and us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
14. English law
14.1. These terms and conditions shall be governed by the law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.
15.1. If you are concerned that you may be allergic to or intolerant of a particular food or substance, you should seek the advice of a doctor before placing any order. It is your responsibility to check any product label/ingredient list and obtain medical advice before consuming any substances which may contain allergens. If you wish to see the ingredient list of any products, please feel free to call us prior to making an order. If you are allergic to certain allergens, you must call us before placing any order. If you have any doubts, you must not place any order of food which may contain allergens.
15.2. We may provide or withdraw offers from time to time in our entire discretion. If there are any conflicts between these terms and conditions and our offers, these terms and conditions will prevail unless we notify you in writing otherwise. Please let our customer service know if there is any such conflict.
15.3. We may send all notices under these terms and conditions by email to the most recent email address you have supplied to us (unless otherwise stated in these terms and conditions).
15.4. Headings used in these terms and conditions are for information and not binding. Any failure by either party to exercise or enforce any right or provision of these terms and conditions does not mean this is a “waiver” (i.e. that it cannot be enforced later).
15.5. If any part of these terms and conditions is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these terms and conditions shall continue to apply.
15.6. A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions except insofar as expressly stated otherwise.
15.7. We may assign or transfer our rights and obligations under these terms and conditions to another entity at our entire discretion.
16.1. If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
17.1. Etefy is the registered trademark of Etefy Limited.
18. Cancellation Rights and Return and Refund Policies
18.1. As long as it is within the relevant cancellation period, if you decide that you do not want to receive or keep any non-perishable products, you can notify us of your decision to cancel the contract and receive a refund. The cancellation period for non-perishable products is 14 days from the date of delivery. You can return these products to the delivery driver at the time of delivery. Alternatively, you can post the products to us. You will have to bear the cost of returning the products to us. You must return the products no later than 14 days after you inform us of the cancellation. You are advised to retain proof of postage. Please note that a deduction can be made by us if the value of the products has been reduced as a result of you handling the products more than was necessary. A fee of £10 may be levied for cancellations of non-perishable products which we accept at our entire discretion outside of the 14 days cancellation period.
18.2. Unless the products are defective on delivery, your right to return an item does not apply to perishable products (e.g. food, drink, fresh flowers, etc) or products with a seal for health protection and hygiene reasons that has been broken. If you wish to cancel an order for any perishable items before they are actually delivered by us, we reserve the right to charge you in full for the full price of the perishable items.
18.3. If any products are found to be defective you can hand these products back to the driver at the time of delivery. We will promptly and fully refund the price of any defective products that do not meet with your reasonable satisfaction, provided that you notify us within 14 days of delivery of the products.
18.4. We ask that items are returned to us with their original packaging and with any tags intact. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of this item to you.
18.5. We will credit your payment card with the price of such products within 30 days from the date you returned the products to us (provided payment has already been debited to your payment card). If you choose to return products by post you will be responsible for the cost of postage.
18.6. If any products were purchased at an offer price, your refund will be based on that promotional price.
18.7. Subject to this clause, our refund is normally processed within 5 to 7 working days. If any refunds do not reach your account after this period, please let us know.
19. Restricted Products
19.1. Under the Licensing Act 2003, it is a criminal offence for any person under 18 to buy, or attempt to buy, intoxicating liquor, or for any person over 18 to buy intoxicating liquor on behalf of any person under 18. To comply with law, certain restricted products and services on our website are only available to certain categories of customers (such as people aged 18 years and over in accordance with legislation). The types of restricted products include alcohol, cigarettes, tobacco products and e-cigarettes subject to the relevant legislation. We have introduced certain controls check in light of this legislation. Upon delivery of restricted products, we may ask the person receiving delivery to produce valid photographic identification documents such as passports and driving licence as proof of age. We shall only process any information provided to us by you for dealing with your order and account for the supply of our goods, products and services and our compliance with the law.
19.2. In the event that you refuse or fail to produce valid photographic identification documents for the collection of any restricted products, we shall retain those restricted products and provide a refund for the restricted products only. Subject to Clause 13.1, our liability to you will be limited to the price of the goods not delivered and the cost of delivery.
19.3. By accepting these terms and conditions, you agree to provide us with truthful and accurate information and act in accordance with any applicable legal obligations including the Licensing Act of 2003.