Please read these terms and conditions carefully. By using cupsandjars.uk or submitting an order (and any subsequent orders) on cupsandjars.uk (together the “Website”) you are agreeing to the terms and conditions that appear below.
These terms & conditions were most recently updated on 27 May 2022 and apply to sales to consumers.
A. GENERAL TERMS
1 APPLICATION OF TERMS
1.1 The Website is operated by Cups & Jars (“Cups & Jars”, “we”, “us” or “our”). By using the Website, you are bound by these terms & conditions (the “Cups & Jars Terms”). All use and purchases made on the Website are governed by the Cups & Jars Terms and the Cups & Jars Terms governing any given use or purchase will be those in effect at the date of your order or specific use. We reserve the right to amend and vary any part of the Cups & Jars Terms from time to time. If you use the Website or purchase products after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Cups & Jars Terms applicable to your use or purchase.
2 OPENING AN ACCOUNT AND PLACING AN ORDER
2.1 You must be 18 years old or over and must have completed the registration process in order to place an order. The registration process will require you to provide some compulsory personal information which will be processed in accordance with our Privacy Notice available here.
2.2 You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects. You can update or correct your details at any time by going to the Your Account section on the Website.
2.3 When you create an account with us, you will be provided with login details and asked to use passwords and other means that allow you to access the Website (together your “Login Details”). It is your responsibility to maintain the security and confidentiality of your Login Details and ensure the Login Details meet any minimum-security requirements set by us. We will not be liable to you or any other person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. Should you become aware of or suspect any unauthorised use of Login Details, please contact us.
2.4 You are entirely responsible for all activity on your account, including all orders that are placed from your account.
2.5 Alcohol must be ordered by you and delivered by us during the licensing hours granted to us under our licence. If you have ordered alcohol from us, it is your responsibility to ensure that the person accepting delivery is over 18. We operate a “Challenge 25” policy, which means that if the person receiving delivery of alcohol looks under 25, we will request identification. If we are not satisfied that there is a person at the delivery address who is 18 years of age or over who can accept delivery, we will retain the alcoholic products and you may have to pay another delivery charge. We may also request identification in relation to other age restricted products.
2.6 We reserve the right to terminate or suspend your account at our sole discretion immediately on giving you notice. We further reserve the right to decline any new customer or suspend or terminate your access to any services that we provide.
2.7 Without prejudice to the generality of clause 2.6, if we suspect fraud, unauthorised activity or any breach of the Cups & Jars Terms, we may suspend your account. Your account will remain suspended until you contact us and resolve any issues which are capable of being fixed, or provide any information reasonably requested by our team to enable them to reactivate your account.
3 ACCEPTANCE OF YOUR ORDER AND PURCHASE CONTRACT
3.1 Confirmation of your order will occur by us contacting you by either sending a confirmation email to the email address you have provided to us (“Contact”) (the “Order Confirmation”).
3.2 Please note that the Order Confirmation does not constitute our acceptance of your order. Acceptance of your order and formation of the contract will take place when we dispatch your order to you.
3.3 The Order Confirmation will indicate the final cut off time for amending or cancelling your order. We may also Contact you a few hours before the final cut-off time for amending or cancelling the order, alerting you to this cut-off time and reminding you of the scheduled delivery time of your order. Unless you have requested not to be contacted by text message, we may also send the reminder by text message to the mobile phone number you have given us when setting up your account. Any orders that have not been amended or cancelled by this cut-off time cannot be amended or cancelled and will be delivered by us in the scheduled delivery slot.
3.4 Products are subject to availability and prevailing market conditions. We may limit the quantities of products supplied to you from time to time if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any products you order, we may offer a reasonable substitute. This may affect the price you pay. Provided you have not touched the substitute item, you may reject any substitute item and we will refund the amount you have been charged for that substitute. We will identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4 PRICE
4.1 With the exception of products referred to in clauses 4.3 and 4.4, the price of products will be as stated on the Website at the time you confirm your order, subject to the exceptions set out in the following clauses for which we will not be liable.
4.2 It is possible that on rare occasions some of the products listed on our Website may be incorrectly priced. If a product’s correct price is higher than the price stated on our Website, we will normally reject your order for that product and notify you of such rejection. Prior to us dispatching your order, we are under no obligation to provide the product to you at the incorrect (lower), even after we have sent you an Order Confirmation.
4.3 If you subsequently amend your order to add items, the prices charged for products which were not in your original order will be the prices quoted at the time of the Order Confirmation of your amended order. If you add more of the same items which were in your original order, then the prices charged for these items will be the prices quoted at the time of the Order Confirmation of your original order. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
4.4 Where items are ordered and sold individually by weight (such as fruit and vegetables, cheese, charcuterie and whole zero waste selection), the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed by our staff. We have an indicative price per kg guide and an indicative product weight guide, we will try to be as precise as possible with the servicing of those.
4.5 The prices stated on the Website will be inclusive of any VAT payable.
4.6 Each Delivery order you make may incur an additional charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order is set at our sole discretion and will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address. Charges may vary from day to day.
5 METHODS OF PAYMENT
5.1 Payment may be made by debit or credit card or bank transfer. Please note that we do not accept American Express.
5.2 We also accept payment by Cups & Jars vouchers. No other vouchers or “money off” coupons will be accepted towards payment of an order unless specified otherwise on the Website. Any refunds arising from an order paid for by vouchers shall be given in Cups & Jars vouchers.
5.3 Authority for payment will be requested from your card issuer between the time of your order being placed and when it is delivered. This is done by ‘reserving’ against the card you have used for payment. The amount that is ‘reserved’ will either be an estimated amount of your order or £1. The full price of your order will be debited from your card after we have delivered your shopping to you. We reserve the right to cancel your order if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
5.4 If orders are not paid for in full or your bank declines payment on your payment card and as a result, money is owing to us, then we reserve the right to suspend your ability to place further orders until such time as the outstanding balance has been paid in full.
5.5 You agree to compensate us in full against all reasonable expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you or take any further legal action that we deem appropriate in our discretion.
6 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
6.1 Subject to our compliance with applicable laws, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
6.2 We reserve the right to offer, in our complete discretion, different customers different special offers, promotions and the ability to enter different competitions.
7 DELIVERY
7.1 Delivery days and times will be as specified on the delivery booking page on the Website and will be made to the address specified by you when you place your order. You have the ability to change this address through the “Details & Settings” feature on the Website, and you must do so if you wish delivery to be made to a different address or if you move home, so that we can deliver to the correct address. It is your responsibility to ensure that the delivery address is correct.
7.2 We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery geographies altogether.
7.3 We endeavour to ensure that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot to receive delivery of the order. We may ask that an appropriate person signs for the order on delivery.
7.4 Risk of loss and damage of products passes to you at the time the products are delivered to you or are left with a person or in a place nominated by our driver or you. We will not be responsible for any loss or damage caused to the products after delivery.
7.5 If no appropriate person is at the delivery address to receive delivery, at our discretion, we will either:
7.5.1 retain the products, in which case you may either be charged the greater of the cost of perishable products in your order or an administrative fee of £10; or
7.5.2 re-deliver the products at a later time, in which case we will retain frozen products from your order, and you may still be charged for these as well as the other products in your order; or
7.5.3 provided this is agreed by you, leave the order unattended at your address in accordance with clause 7.6.
7.6 In the event that (i) no appropriate person is available at your address to receive delivery, but you instruct us to leave the delivery unattended at your address; or (ii) an appropriate person is present at your address at the time of delivery, but you instruct us to leave the delivery unattended at your address, we may elect to leave your shopping unattended in a place determined by our driver. If we are unable to carry out age verification on age restricted products, we will remove any age restricted items contained in your order and you may not be charged for these. In the event no appropriate person is present at the address we will also remove perishable items (including but not limited to frozen products) and any other products we deem necessary, in which case, in addition to the cost for the other products in your order, we may charge you the greater of the cost of the perishable items or an administrative charge of £10. We expressly disclaim all liability which may arise by virtue of any delivery being left unattended. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
7.7 Adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case, we will endeavour to contact you as soon as we are able to in order to reschedule your delivery.
7.8 Deliveries are limited to one delivery per day per household.
8 RETURNS AND CANCELLATION RIGHTS
8.1 We advise that you inspect all products at the time of delivery and notify us of any defects promptly after delivery. If you received the relevant order in the previous 48 hours, you can request a refund through the Website or by using our app and navigating to the ‘Request refund’ link from the Orders page. If more than 48 hours have passed since the relevant delivery and you don’t see the ‘Request refund’ link, please email info@cupsandjars.uk or call us. We will arrange with you for the products to be returned to us and on receipt of the products, we will promptly and fully refund the price of any products which are defective or arrange for the delivery of replacement products.
8.2 As a consumer, you have certain legal rights regarding the return of faulty or mis-described products. Our refund procedure described above does not affect your legal rights in relation to such products. You may also have a right to return certain products in accordance with your statutory rights under the Consumer Contracts Regulations. For further information about your legal rights contact your local authority Trading Standards Department or Citizens Advice.
8.3 We will always try to supply you with the full quantity of products that you have ordered. If you are not satisfied with the quantity that you have received, we will arrange with you for non-perishable products to be returned to us (please note that the products must not be used and must be in good condition). In the event that the products delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect products or products which you have not received. In any event, subject to clause 11.1 below, our liability will be limited to the price of the products not delivered or incorrectly delivered and the cost of delivery.
8.4 We ask that items are returned to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the products, unless you are certain that you intend to keep the products. 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 any such item to you.
8.5 Clause 3.3 sets out the options to cancel or amend your order prior to delivery. Should you wish to cancel your order after the cut off period, but prior to the time of delivery, we shall be entitled to charge you an amount as set out in clause 3.3.
8.6 You have the right to cancel the contract for certain products at any time until the expiry of the 14th day after the date of delivery of the products by notifying us using the helpdesk here. This right does not apply to (i) flowers, meat, fish, milk, baby food and other perishable products (which for the avoidance of doubt includes Entertain by Cups & Jars); (ii) products that are personalised or otherwise bespoke to your instructions; (iii) sealed products where the seal has been removed or which otherwise cannot be returned for hygiene or health & safety reasons; (iv) supply of newspapers, periodicals or magazines; (v) sealed audio, video or computer products that have been unsealed.
8.7 We will arrange with you for cancelled products to be returned to us, and we will credit your payment card with the price that you paid for such goods within 14 days from the date you returned the products to us (provided payment has already been debited from your payment card). We reserve the right to make an appropriate deduction from the refund if any product has diminished in value due to it having been handled beyond what is necessary to establish its nature, characteristics and function.
8.8 Except in the event of defective products, you will be responsible for the cost of return postage. You will also be responsible for the risk of loss and damage in transit and you are advised to obtain appropriate evidence of posting and use a reliable mailing/courier service for the return.
8.9 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of the Cups & Jars Terms or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. In the event that we cancel your order, we will Contact you.
9 PRODUCT LIFE GUARANTEE
9.1 We guarantee to deliver products with a certain minimum number of day’s product life (“Life Guarantee”). The Life Guarantee is displayed on the Website by giving the specified number of days until ‘use by’ or ‘best by’ date stamped on the product from the day after the product is delivered to you. We make all reasonable efforts to meet the Life Guarantee, but there may be exceptional situations where the Life Guarantee has not been met for a product. In such situations, we will refund the price of any affected products provided that you notify us in accordance with clause 8.
9.2 If there is more than one expiry date on a product, it is the later date that is used to establish the Life Guarantee (usually called ‘use-by’ date). If there is a difference between the expiry date on the product and the information listed on your customer receipt, it is the expiry date on the product that prevails.
9.3 If you start creating an order without booking a delivery slot, you’ll see Life Guarantees that are based on a delivery slot for the following day. To obtain a more accurate picture regarding the Life Guarantees of products, you are encouraged to book your delivery slot before filling your shopping trolley.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Cups & Jars Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
10.2 We will not be liable, whether in contract, tort (including, without limitation, negligence), representations (other than fraudulent on negligent misrepresentations), under statute or otherwise arising out of or in connection with these Cups & Jars Terms for any:
10.2.1 special, indirect or consequential loss or damage; and/or
10.2.2 loss of profits; and/or
10.2.3 loss of revenue; and/or
10.2.4 loss of privacy or data; and/or
10.2.5 loss of goodwill or reputation; and/or
10.2.6 loss of business or anticipated saving; and/or
10.2.7 loss or damage caused by any reliance you had in having the products delivered to you or arising out of our supply or failure to supply the products to you.
10.3 The products are sold to you on the basis that you are a customer therefore we will not be liable for any special losses that you might suffer using, re-distributing or reselling the products as part of a business.
10.4 In addition to clause 7.7 , we will not be liable (whether in breach of contract, tort, negligence, misrepresentation or otherwise) as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems, travel restrictions, pandemics, epidemics, spread of illness, lockdowns or other government controls and restrictions.
10.5 Other than as set out in clause 10.1 above, our maximum liability arising out of any order for the supply of products to you under this contract will be limited to the retail price of the products contained in that order and the cost of delivery.
11 PRIVACY
11.1 Our privacy notice is incorporated into these Cups & Jars Terms. Please click here for further details.
11.2 Telephone calls made to and from our Customer Service team are recorded for complaint handling, quality and monitoring purposes.
11.3 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
11.4 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless we have a lawful basis to do so. We will share your personal information with other businesses operated by members of Cups & Jars provided that they follow practices at least as protective as those described in our privacy notice.
12 RATINGS AND REVIEWS
12.1 When submitting a product review on the Website, you warrant that:
12.1.1 you are the sole author and owner of any intellectual property linked to the review;
12.1.2 the content of the review is accurate and not false or misleading;
12.1.3 you have voluntarily waived any moral rights that you may have in the content of the review; and
12.1.4 the use of the content of the review will not breach any of the Cups & Jars Terms, or cause harm to any person or entity.
12.2 You undertake to us that you will not submit content:
12.2.1 that is defamatory, obscene, libellous, religiously or racially biased, hateful or unlawfully threatening, harassing to any person or entity or is otherwise objectionable;
12.2.2 that infringes any third party rights, including any copyright, patents, trademarks, publicity or privacy rights or other intellectual property rights or other rights;
12.2.3 where you have received any compensation or consideration for submitting the content. This restriction does not apply where we send a free product to you for the purpose of submitting a review;
12.2.4 that includes references to any other websites, addresses, emails addresses, contact information or telephone numbers or in any other way, directly or indirectly, contains any information that does not relate to the product itself (e.g. reference to competing products or other irrelevant references);
12.2.5 that contains viruses, worms or other potentially damaging computer programs or files;
12.2.6 that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
12.2.7 that would constitute, encourage, promote or provide instructions for conduct of an illegal activity, criminal offence or civil liability.
12.3 You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of the above undertakings.
12.4 We may want to share the content submitted with third parties, including for use on third party websites. Where this is the case, we will write to you and ask for your consent to do this.
12.5 We, at our sole discretion, may remove or refuse to publish submitted content for any reason. We will not be held responsible for any submitted content or content not published.
12.6 You have the right to access and the right to request erasure of your review. We do not amend reviews. Any published review which is found to be inaccurate or requires rectification, will be removed.
12.7 For any content submitted, you grant us a revocable, royalty-free, transferable right and license to use, copy, delete in its entirety, publish, translate, create derivative works from and/or distribute the content and/or incorporate such content into any form, medium or technology, throughout the world without compensation to you subject to your data subject rights detailed in clause 12.6.
12.8 Cups & Jars, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees are not under any obligation of confidence in relation to the content you submit.
12.9 By submitting a product review, you agree that we may use your email address to contact you about the submitted content, for administrative purposes or to request your consent as detailed in clause 12.4.
12.10 If you see a review on the Website which you are concerned about, for example, if you believe it breaches this clause 12, then you can notifying us using the helpdesk here.
13 GENERAL
13.1 We reserve the right to make any changes and additions to these Cups & Jars Terms at any time in accordance with clause 1.
13.2 If any of these Cups & Jars Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Cups & Jars Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
13.3 These Cups & Jars Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter or formation will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
13.4 If we delay in taking steps against you as a result of you breaching these Cups & Jars Terms, it will not prevent us taking steps against you at a later date.
13.5 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through the Website, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material, data and content on the Website without our prior written permission. We may impose a fee on any proposed use of the material data and content contained on its Website, other than for placing orders through the cupsandjars.uk Website.
13.6 Notwithstanding the ongoing relationship between Cups & Jars and any of our commercial partners from time to time, and the historical use of certain slogans, the businesses do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.
13.7 cupsandjars.uk is a trading name of Cups & Jars. The registered company address for Cups & Jars, 108 Woodgrange Rd, London E7 0EW. Registered in England. Company registration number: XXX.
14 DISCOUNT OFFERS AND VOUCHERS
14.1 General
14.1.1 This section is applicable to discount offers and the use of vouchers and are in addition to any other terms and conditions specified on the offer or voucher themselves. For the avoidance of doubt, where there is any conflict between these Cups & Jars Terms and the terms and conditions on a Voucher or applicable to any discount offer the terms and conditions on the relevant Voucher or applicable to the discount offer shall take precedence.
14.1.2 Vouchers may be made available to you by us or by selected affiliates and authorised partners. They entitle you to a saving off your shopping (the “Voucher”). Each Voucher will explain the saving and how it works. They are activated by entering codes into the checkout section of the Website.
14.1.4 We may from time to time run or offer more than one type of discount offer or Voucher simultaneously. Different terms and conditions may apply to different discount offers or Vouchers. We reserve the right to limit the applicability of any particular offer to specific regions or delivery areas.
14.1.5 Money off Vouchers These Vouchers entitle you to money off your total shop. Where the Voucher does not state a minimum spend, your order must meet the standard Minimum Order Requirement in order to redeem your Voucher. Vouchers that include free deliveries for 3, 6 or 12 months include a free Smart Pass; you will be emailed within seven days of your first delivery with information on your free Smart Pass. See the Smart Pass section of these Cups & Jars Terms for more details.
14.2 Activating Vouchers
14.2.1 You can activate Vouchers by following the instructions on the Voucher. You must use code(s) in the correct order (if applicable) and enter the code(s) at the checkout stage of your order process.
14.2.2 If a Voucher code is not used correctly, you will receive an automatic error message. If you get an error message, please check the Voucher instructions and try again.
14.2.3 Each Voucher will state the validity period, and you must place your order during this time. The Voucher will expire automatically on the expiry date stated on the Voucher.
14.3 Circumstances where Vouchers cannot be used
14.3.1 Vouchers only apply to products purchased on the Website.
14.3.2 Vouchers cannot be combined with each other (unless otherwise indicated) but can be combined with general product promotional offers appearing to all customers on the Website.
14.3.3 Vouchers cannot be applied to past orders made with us and cannot be backdated or redeemed for cash.
14.3.4 Each Voucher type may be used only once per customer. If more than one customer is registered at the same delivery address, a Voucher type may only be used by one customer registered at that address. For example, a Voucher for money off your first shop may only be used by one customer at each registered address.
14.3.5 You may only use a Voucher that has been assigned to your account. You may not use a Voucher that has been assigned to another customer’s account, and you must not pass any Voucher code on to any other customer for use on other accounts.
14.3.6 We reserve the right to withdraw or terminate any Voucher at any time, either in whole or in relation to specific delivery times or areas. If this happens, then the relevant Voucher may not be used for any orders placed after the date of withdrawal or termination.
14.3.7 We reserve the right to reject the use of a Voucher where fraud or breach of these Cups & Jars Terms or the Voucher terms and conditions is suspected. Under these circumstances, we also reserve the right to cancel your order and suspend your account, in accordance with clauses 2.6 and 2.7 of the Cups & Jars Terms.