Terms and Conditions

Introduction

1. This website is owned and operated by Wild Radish Trading Ltd trading as “Wild Radish”. Our company information is at the end of this document.

2. Please read these terms and conditions carefully. They apply when you buy any goods via this site. Please print or save these terms 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. These terms and conditions are available in the English language only.

3. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

4. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.

5. We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.

Right to cancel

6. As our products contain fresh and perishable food, you are not entitled to the “normal” right to return goods within 14 days after the day you receive them, if you change your mind.

7. Right to cancel an order: You can cancel an order at any time provided that the request is made more than 4 Business Days before the scheduled delivery date. Unless we are notified by midnight, four days before your order is scheduled to be delivered, we cannot accept cancelation of an order or issue a refund.

8. Right to cancel a subscription: You can cancel your subscription at any time provided that if a request to cancel a subscription is made less than four Business Days before a scheduled order, we cannot cancel or refund such order. When you send us your cancellation notice by email, your cancellation is effective from the date you send us the email.

9. Right of return and refund if the product is defective or is not as described: If the products we deliver to you are defective or are not as described on our website, you should contact us and report such defect or misdescription as soon as possible, and in any event no later than 3 days from delivery of the products. If possible, we ask that you send us a photograph as evidence of the defective or misdescribed product – this will assist in processing your request quickly.

10. We will ask you to safely dispose of such product and if we agree that it is defective or misdescribed (acting reasonably) we will offer you the choice of either an exchange or a refund of the price of the product in full.

11. If you decide to be refunded, we will refund you within 14 days after the day on which (whichever is the earlier of):

a) we receive the product back from you; or
b) we have agreed for you to dispose of the product safely.

12. We try our best to ensure that our products are perfect 100% of the time, but we are sure you will agree that this is not always possible. In the event of a minor error (for example, failing to include one ingredient which is not the main ingredient, or substituting a red pepper for a yellow pepper) we reserve the right to use our discretion as to whether a full refund is applicable. We will act reasonably and may offer you a partial refund or a voucher.

13. We will refund you by the method used by you to pay.

Your legal rights: Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. How to contact us: If you wish to cancel a Contract and/or return a product to us for any of the reasons set out above, you just need to notify us within the applicable timeframe. The easiest way to do this is by emailing hello@wild-radish.co.uk. If you are emailing us or writing to us please include details of your order to help us to identify it (and photographic evidence if applicable).

Minor variations in goods

14. We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct.

15. The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.

Your order

16. Your order is an offer to buy from us on a one-off or recurring delivery basis.

17. You place your order by using the ordering process on our website. This involves making the selection on our site and transmitting the order to us by clicking on the “SIGN UP NOW” button. This process permits you to check and amend any errors before making an order. You can also change your order any time up to the relevant cut-off date / time.

18. You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

19. We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed.

20. We are not obliged to supply any goods which are unavailable, even if we have processed your order. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit if you have been charged.

21. You acknowledge that, for recurring orders, we will select the relevant recipes for you if you do not make your own selection by the cut-off date/time specified on our site.

22. The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over the phone instead.

Payment and price

23. The price for the goods is as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise.

24. The following only applies if we charge for delivery: Delivery costs are charged extra at the rate shown on our site at the time you place your order. This will be £5 per delivery.

25. Payment is required in advance as explained below.

26. You authorise us and our third party payment providers to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Despatch of the goods is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary.

27. We will take your first payment when we accept your order. If you have purchased a subscription plan, payments will be taken after the relevant cut-off date/time specified on our site, which may change, depending on the delivery date(s) you select.

28. Recurring deliveries can be cancelled or changed at any time via the site before the relevant cut-off for a particular delivery.

29. The cut off for any delivery occurs on Sunday at midnight, four days before your delivery day on Thursday.

30. We may change our prices by giving you notice by email at least 14 days before any price change takes effect. If you do not accept the new price, you should cancel your subscription as explained below as payments taken after the notice period will be at the new price.

31. You must contact us immediately with full details if you dispute any payment.

Discount codes and credits

32. We may offer discount codes from time to time. All discount codes refer to the price excluding delivery surcharges.Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

33. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

34. We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. The validity period starts from the time the credit is allocated to your account. Any unused credit on your account will automatically expire if your account is closed. Credit can be used against the cost of standard recipes.

35. Refer-a-friend credits only apply if the referred user is a third party who has been genuinely referred by you on an arm’s length basis and if the delivery address is to a different address to that of the referrer.

36. New user credits apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.

37. We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these terms or is otherwise being abused.

Delivery

38. Delivery will be complete when a third party delivery company confirms delivery to the address which you specify when ordering.

39. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.

40. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery.

Risk and ownership

41. Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.

Termination

42. We may cancel this agreement immediately by email notice at any time if any amount due to us is unpaid, or unjustifiably charged back, or if your account is inactive for more than 6 months.

43. You may cancel this agreement at any time within your account on our website or via an email to: hello@wild-radish.co.uk

44. In the event of termination of this agreement, we are entitled to delete your account including any unused credit. We will deliver any outstanding orders and take payment accordingly if the agreement was terminated after a relevant cut-off date.

Liability

45. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

46. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

47. The following clauses apply only if you are a Consumer:

a. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:

1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

2. such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

3. such loss or damage is caused by you, for example by not complying with this agreement; or

4. such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).

b. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement, subject to our obligation to mitigate any losses.

48. The following clauses apply only if you are not a Consumer:

a. Our liability of any kind (including our own negligence) is limited to the price paid for the goods.

b. In no event (including our own negligence and even we have been advised of the possibility of such losses) will we be liable for any:

1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

2. loss of goodwill or reputation;

3. special, indirect or consequential losses; or

4. damage to or loss of data.

c. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

d. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

e. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between 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 the terms of this agreement is excluded.

Events outside our control

49. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

Privacy

50. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

English law

51. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

General

52. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement 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 the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

53. By placing an order, you are confirming that you are 18 years of age or older and that the supply of alcohol shall not be to anyone under the age of 18 years of age. We cannot sell age-restricted products to anyone under the age of 18.

Complaints

54. If you have any complaints, please contact us by emailing hello@wild-radish.co.uk

Company information

55. Company name: Wild Radish Trading Ltd

56. Country of incorporation: England and Wales.

57. Registered number: 10240091

58. Registered office and trading address: DSL Accounting, Warwick House, Banbury Road, Southam, CV47 2PT

59. Other contact information: See our website.