We are Healthy Asian Kitchen Limited (t/a Food Hak) a company registered in England and Wales. Our company registration number is 12038695 and our registered office is at 3rd Floor, Paternoster House, 65 St Paul's Churchyard, London, England, EC4M 8AB. Our registered VAT number is 397 391 48.
You can contact us by emailing us at email@example.com or writing to us at our registered office at 3rd Floor, Paternoster House, 65 St Paul's Churchyard, London, England, EC4M 8AB.
When you subscribe to our meal subscription service and subsequently place orders for meals via our meal subscription service, you are agreeing to be bound by these terms. Please read these terms carefully before you submit your order to us as they tell you important information about the contract you are entering into with us.
OUR MEAL SUBSCRIPTION SERVICE
When you first place an order for meals via our meal subscription service, you will be asked to confirm the date on which you want us to deliver your meals to you (Delivery Date).
Unless you agree otherwise with us, your Delivery Date will be the same day of each subsequent; week, two weeks or four weeks of your subscription.
You can make changes to your order at any time, provided that this is no later than 3 days prior to your Delivery Date (Cut Off Date). This means that if your Delivery Date is a Friday, the last day on which you can make any changes to your order is the previous Monday.
You can find everything else you need to know about us, the meals we deliver to you and our meal subscription service on our website before you order. We also confirm the key information to you in writing after you order by email and in your online account.
WE ONLY ACCEPT ORDERS WHEN WE HAVE CHECKED THEM
We contact you by email to confirm we have received your order and to confirm we have accepted it, as well as your Delivery Date.
SOMETIMES WE REJECT ORDERS
Sometimes we reject orders, for example, because certain ingredients are unexpectedly out of stock, because you are located outside our delivery areas (as stated on our website), or because our service was mispriced by us. Where you enter a postcode for delivery that falls outside of our delivery areas, our website is configured so that you will not be able to progress with your order. However, if, for whatever reason, we have to reject your order, we let you know as soon as possible and refund any sums you have paid.
WHEN WE CHARGE YOU
We will charge you on the day when you first subscribe to our meal subscription service and then at regular weekly, bi-weekly or four week intervals on the Cut Off Date, as explained in more detail to you during the order process on our website.
We may offer discounts, promotions and other types of voucher (Voucher) in respect of our meals and/or our meal subscription service.
You may only use a Voucher once and you must not copy, reproduce or share (or attempt to copy, reproduce or share) any Voucher without our agreement.
To use your Voucher, please follow the instructions on our website or the terms that were provided to you when you were given your Voucher.
We reserve the right to withdraw or deactivate any Voucher for any reason at any time.
WE CHARGE INTEREST ON LATE PAYMENTS
If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
WE PASS ON INCREASES IN VAT
If the rate of VAT changes between your order date and the Delivery Date, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of your meals is delayed by an event outside our control, such as strikes, delivery failure by our carriers or supply chain issues with our suppliers, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact our customer service team using the details in clause 1.2 to cancel your order and/or pause or cancel your subscription and receive a refund for any meal you have paid for in advance, but not received, less reasonable costs we have already incurred.
MEALS CAN VARY SLIGHTLY FROM THEIR PICTURES
How your meal looks upon delivery may not exactly match the image shown on your device, on our website or in our marketing. The packaging of our meals may also vary from as shown on our website.
YOU ARE RESPONSIBLE FOR MAKING SURE YOUR REQUIREMENTS ARE ACCURATE
You are responsible for making sure that all information you provide to us (including how to access your property, the number of people you order for, the number of meals you require each week, two weeks or four week interval, your meal choices, health plans, nutritional requirements and any allergies you or someone else may have) is correct.
WE CHARGE YOU IF YOU DO NOT GIVE US THE INFORMATION WE NEED
Unless you have chosen to pause or cancel your subscription to our meal subscription service in accordance with these terms, we will continue to select and deliver meals to you, based on and in accordance with your most recent instructions and charge you for the delivery of such meals.
We charge you additional sums if you do not give us the information we have asked for about how we can access your property for delivery or any other information we may require in order to prepare and/or deliver meals to you. For example, we might need to re-deliver on another vehicle or reschedule delivery.
YOUR RIGHT TO CANCEL
You may cancel your order or pause or cancel your subscription at any time provided that if you cancel your order or pause or cancel your subscription after the most recent Cut Off Date:
we will still deliver the meals scheduled for delivery to you on your next Delivery Date; and
we will charge you and you will pay us for the meals to be delivered to you on your next Delivery Date; and
if you have already paid for the meals to be delivered to you on your next Delivery Date, you will not be entitled to a refund on any sums you paid on your most recent Cut Off Date.
Under applicable consumer law, you have certain statutory rights to change your mind and cancel contracts you enter into for no reason. Unfortunately, because the meals we provide to you are fresh and perishable and the meal subscription service we provide to you allows you to specify your Delivery Date, your statutory consumer right to change your mind and cancel does not apply to your contract with us
To let us know you want to cancel your order or pause or cancel your subscription, please contact our customer service team using the details in clause 1.2.
If, when you cancel your order or pause or cancel your subscription, you are due a refund in respect of meals which you have ordered and paid for and which we have agreed not to deliver to you, we will refund you as soon as possible and within 14 days of you telling us you have changed your mind. We refund you by the method you used for payment. We do not charge a fee for the refund.
YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR MEALS
If you think there is something wrong with your meals, you must contact our customer service team as soon as possible using the details in clause 1.2. We honour our legal duty to provide you with meals that are as described to you on our website and that meet all the requirements imposed by law.
Our website include details of all allergens which may be contained within our meals. Please check the ingredients of all meals you order to ensure that they do not contain a relevant allergen to you. When preparing your meals, we may use ingredients from third party suppliers. We undertake due diligence on our third party suppliers to help ensure we know what allergens are in the ingredients they supply to us. However, where a third party supplier recalls any ingredient they have supplied to us for any reason, we shall not be liable for any loss, damage or injury caused by such recall or such third party supplier failing to specify or incorrectly specifying what allergens are in any of the ingredients they apply to us.
The Consumer Rights Act 2015 says that, subject to certain exceptions, goods must be as described, fit for purpose and of satisfactory quality. For more detailed information about your statutory consumer rights, please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us (as set out in these terms further below).
WE CAN CHANGE MEALS AND THESE TERMS
We can always change these terms, our meals or any of the ingredients within our meals to reflect changes in relevant laws and/or regulatory requirements.
We can also change our meals or any of the ingredients within our meals if any ingredients are not available after you submit your order to us. Where this happens, we will try to contact you as soon as possible to offer you a reasonable substitute meal. If you notify our customer service team that you do not want to accept the substitute meal before the Cut Off Date, we will give you a refund for any meals you have paid for in advance, but not received.
WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)
We can suspend the delivery of meals to you. We do this to:
deal with technical problems or make minor technical changes;
update the meals to reflect changes in relevant laws and regulatory requirements; or
make other changes to the meals (please see clause 15.2).
We will contact you in advance to tell you we are suspending delivery, unless the problem is urgent or an emergency. If we suspend the delivery of any meal for a significant period of time we adjust the price so you do not pay for any meals while delivery has been suspended. If we suspend delivery, or tell you we are going to suspend delivery, for a significant period of time, you can contact our customer service team using the details in clause 1.2 to cancel your order or pause or cancel your subscription and we will refund any sums you have paid in advance for meals you will not receive.
WE CAN WITHDRAW MEALS
We can stop providing certain meals. We will use reasonable endeavours to keep our website up to date so that we do not list meals on our website which we no longer provide. However, if, despite our efforts, you place an order for a meal we no longer provide, we will let you know as soon as possible and:
provide you with a reasonable substitute meal before the Cut Off Date; and
if you notify our customer service team that you do not want to accept the substitute meal before the Cut Off Date, we will refund any sums you have paid in advance for meals which will not be provided.
WE CAN END OUR CONTRACT WITH YOU
We can cancel or suspend any order you make and/or your subscription and claim any compensation due to us if:
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide our meals to you, as described in clause 11; or
you do not, on the Delivery Date, allow us to deliver the meals to you.
WE DO NOT COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR MEALS
We are responsible for losses you suffer caused by us cancelling your order and/or your subscription unless the loss is:
unexpected, in that it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
caused by a delaying event outside our control, as long as we have taken the steps set out in clause 9;
avoidable, in that the loss was something you could have avoided by taking reasonable action; or
a business loss, in that the loss relates to your use of a meal for the purposes of your trade, business, craft or profession.
WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
YOU HAVE OPTIONS FOR RESOLVING DISPUTES WITH US
In the first instance, we ask that you please contact our customer service team using the contact details in clause 1.2.
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
We can transfer our contract with you, so that a different organisation is responsible for supplying your meals. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact our customer service team using the contact details in clause 1.2 to end your subscription within one month of us telling you about it and we will refund you any payments you have made in advance for meals not provided.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.