Terms & Conditions
PLATFORM TERMS AND CONDITIONS
Please review these terms and conditions carefully and, in particular, paragraphs 7 (allergen information), 8 (age-restricted products), 12, (delivery), 13 (ending the contract) and 17 (responsibility for loss or damage suffered by you).
1. THESE TERMS
1.1 We wish to connect you with local grocery shops we partner with (Partner Shops) to enable you to order and purchase grocery products (Products) via our website localgrocers.com or any other website or mobile applications operated by us or on our behalf (the Platform) for delivery by us (the Services). Local Grocers will act as an agent on behalf of the Partner Shop when you order Products from a Partner Shop via our Platform.
1.2 These terms and conditions (Terms) set out the basis on which we provide the Services to you and on which you purchase the Products from the Partner Shops. You can search for the Partner Shops in your delivery area by inputting your post code in the search field. Please read these Terms carefully before using our Services and before ordering any Products. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 By using our Services and ordering Products via the Platform, you agree to be bound by these Terms.
1.4 We may make changes to these Terms from time to time, but if we do so we will notify you and you may then contact us to delete your account if you no longer wish to use the Services once the change has come into force.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Local Grocers Limited (Local Grocers) a company registered in England and Wales. Our company registration number is 12626113 and our registered office is at Church Mews Church Lane, Pitsford, Northampton, NN6 9AJ, England.
2.2 You can contact us by telephoning us at 03303200570, by emailing us at email@example.com or by writing to us at Church Mews Church Lane, Pitsford, Northampton, NN6 9AJ. As we act as agent for the Partner Shops in relation to their contract with you, if you wish to contact a Partner Shop we recommend that you contact us in the first instance. As mentioned, above, you can search for Partner Shops in your delivery order by inputting your post code in the search field.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.1 As set out in paragraph 1.1, as part of the Services, we connect you with Partner Shops on our Platform to enable you to buy Products from them. Once your order has been confirmed, we will arrange the delivery of the Products to you (Delivery). As part of our Services, we also collect payment from you for the Products on behalf of the Partner Shops. However, the Partner Shops are responsible for the Products.
3.2 We may make changes to the Services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the Services.
3.3 We may have to suspend the Services to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Services and/or the Platform to reflect changes in relevant laws and regulatory requirements.
3.4 We may write to you to let you know that we may stop providing the Services. Where possible, we will let you know at least 30 days before doing so.
4. YOUR ACCOUNT
4.1 If you do not have an account with us you can place orders for Products on the Platform as a guest. If you wish to open an account with us, you will be asked to create a password when you do so. We will not ask you to provide your card details when you open your account with us. Please remember your card details may be stored by PayPal or Stripe if you have set this up.
4.2 You must keep your account access details and password secure and confidential.
4.3 If another person accesses your account, for example because you remained logged into your account on a public computer, you will be required to pay for any Products ordered. We are not responsible for any losses suffered by you as a result of your not keeping your account details or password safe. We are, however, responsible for losses suffered by you, subject to paragraph 17, if someone obtains your account details and password because we did not keep them safe.
4.4 Once you have created an account with us, your account will continue for an indefinite duration until either we (for the reasons set out in paragraph 4.6) or you decide to close your account. If you wish to close your account, you can do so at any time by requesting this within the account details section of the Platform or by contacting us using the contact details above.
4.5 You can, whether as an account holder or a guest, rate and review Products you have purchased via the Platform and/or the Services provided to you (Contributions). If you do so, the Contributions must be accurate (where they state facts), genuinely held (where they state opinions) and comply with the law applicable in England and Wales. Please note any Contributions will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the Contributions, but you are required to grant us, other customers and Partner Shops a worldwide, non-exclusive, royalty free, transferable licence to use, display, store and copy those Contributions and to distribute and make it available to third parties. We may monitor such Contributions from time to time, but we are under no obligation to do so. If we believe a Contribution does not comply with this paragraph, we may, in addition to our rights under paragraph 4.6, whether temporarily or permanently, remove such Contribution from the Platform with immediate effect.
4.6 In certain circumstances we may decide to suspend your access to your account or even close it permanently, for example, if we believe that someone else has used your account, if we believe that you are abusing the Services or the Platform or breach paragraph 4.5.
5. SERVICE AVAILABILITY
5.1 Each Partner Shop offers its Products within a specified delivery area. We may need to update the delivery area from time to time. By only giving you access to Partner Shops in whose specified delivery area you are located we ensure that Products are delivered in the best possible condition, in particular fresh produce.
6. YOUR STATUS
6.1 By submitting an order through the Platform, you confirm that:
(a) you are at least 18 years old; and
(b) you or someone else over the age of 18 will be available to receive Delivery of the Products.
7. ALLERGEN INFORMATION
7.1 Some Products displayed on the Platform may contain allergens such as nuts or gluten. Our Partner Shops are required to display allergen information in relation to their Products. If you have further questions or would like more detailed information about allergens, please contact the Partner Shop directly before ordering any Products. Local Grocers cannot guarantee that any of the Products sold by our Partner Shops are free from allergens.
8. AGE-RESTRICTED PRODUCTS
8.1 Age-restricted Products such as alcohol may be purchased via the Platform. As a result of the age restrictions you can only lawfully purchase these Products if you are over the age of 18. We do operate an age verification policy, which means we will not leave any age restricted Products in a safe place, they must be given to an adult and our driver will ask for proof that the person taking Delivery of the Product is over the age of 18. We will refuse to deliver any age-restricted Product to a person under the age of 18 or if that person’s age cannot be verified. If we cannot deliver a Product for this reason we will still charge for it. We will still be able to leave the rest of your order in a safe place if you have asked us to do so.
9. THE ORDERING PROCESS
9.1 All Products displayed on the Platform are subject to availability. A minimum order value of £30 (excluding delivery charges) applies to all orders. If your order value on checkout is below the minimum order value, you will not be able to complete the checkout process. If you decide to make changes to your order and the minimum order value is subsequently exceeded, then you will be able to complete the checkout process.
9.2 Once you have submitted an order via the Platform you will receive an email acknowledging receipt of your order. Your order is not accepted until we email you to accept it, at which point a contract for the purchase of the Products will come into existence between you and the Partner Shop(s), but also with us for the delivery of the Products. As mentioned above, we simply act as the Partner Shops’ agent for the sale of the Products and do not have a contract of sale with you.
9.3 If your order for any Product is not accepted because the Product you ordered is no longer in stock or because the opening hours of the Partner Shop(s) you have ordered Products from do not allow us to deliver your entire order on your chosen Delivery Date or Delivery Window, then we will inform you of this in writing. We will then provide you with an alternative Delivery Date or Delivery Window for your entire order, the option to split the Delivery of the Products over several days at no extra cost to you (we will inform you of the Delivery Dates or Delivery Windows at the time we inform you that your order has not been accepted), or an alternative Product, which may be subject to a different price, in which case you can decide whether or not to accept this alternative (we would contact you by phone to confirm any changes), or we will not charge you for the relevant Product. Reasons for not accepting an order include that the Product is out of stock, that a Partner Shop’s opening hours do not allow us to deliver the Products on the Delivery Date or in the Delivery Window, that there are unexpected limits on our resources which we could not reasonably plan for, that we have identified an error in the price or description of a Product or that we are unable to meet a Delivery deadline you have specified. If you do not wish to accept an alternative Product, or the Delivery Date(s) or Delivery Window(s) proposed by us, or do not wish to place the order without the missing Product, you may cancel the entire order without charge.
9.4 If we can no longer supply a Product once your order has been accepted we will let you know as soon as possible and, as mentioned above, either offer you an alternative, which may be subject to a different price or adjust the price so that you do not pay for a Product we cannot deliver. You may contact us to cancel the order for the Product or the entire order if a Product can no longer be provided or the delivery time cannot be met, and we will refund any sums you have paid in advance for the Products.
9.5 We will assign an order number to your order and inform you of this when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
9.6 If you wish to make changes to your order (including cancelling the entire order), you can do so up to 13:00 on the day before the order is due to be delivered. If you add or delete Products from your basket, the payment taken from you will be adjusted accordingly.
9.7 The Platform is solely for the promotion and sale of Products in the UK. Unfortunately, we do not accept orders from or delivery to addresses outside the UK.
10. PRICE AND PAYMENT
10.1 The price of Products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of any Product advised to you is correct. However, please see paragraph 10.3 for what happens if we discover an error in the price of any Product you order. The delivery charges also include VAT and their price is set out here.
10.2 If the rate of VAT changes between your order date and the date we deliver the Product we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
10.3 It is always possible that, despite our best efforts, some of the Products displayed on the Platform may be incorrectly priced. We will normally check prices before your order is accepted so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before your order is accepted. If your order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may contact you to end the contract, refund you any sums you have paid (including delivery charges) and require the return of any Products provided to you.
10.4 If while you are shopping on the Platform the price of a Product already in your basket is increased or decreased, you will be charged the price of the Product at the time you put it in your basket provided you complete you order within one hour after adding an item to your basket. If you do not complete your order within one hour of adding an item to your basket you will be advised that a different price applies to the Product before you check out.
10.5 The total price payable by you will be displayed on the checkout page and will include the price for the Products, delivery charges and any applicable VAT.
10.6 We accept payment via PayPal and Stripe. You must pay for the Products and Delivery before we dispatch the Products. However, we will not process any payment until the Delivery Date.
10.7 You will receive an invoice for the Products on Delivery. However, no further payments will be necessary from you in respect of that invoice. If you think an invoice is wrong please contact us promptly to let us know.
11. THE PRODUCTS
11.1 The images of Products on our Platform are for illustrative purposes only. Although we have made reasonable efforts to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
11.2 The packaging of Products may vary from that shown in images on our Platform.
11.3 We may make changes to Products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect, and receive a refund for any Products paid for but not received.
12.1 The costs of Delivery will be as displayed to you on the Platform. Please see here for further information.
12.2 When you place an order you will be able to choose a delivery date 2 days or more after the date of your order (Delivery Date). You will be able to choose whether you would like your order to be delivered in the morning or afternoon on the Delivery Date (Delivery Window). Certain items can only be delivered on weekdays (excluding bank holidays). The day before your Delivery Date, we will send you a 2-hour delivery time slot via the email address and/or telephone number you have provided to us.
12.3 Please note that the delivery time slot notified to you is an indication only. We cannot promise that your order will be delivered within the delivery time slot and we may deliver your order at any point during the Delivery Window.
12.4 You may change or cancel your Delivery Date at any time up to 13:00 on the day before your original Delivery Date. This does not affect your right to cancel the contract with the Partner Shop or change your mind about the Products you have ordered, as set out in paragraph 13.
12.5 Please ensure that you or another person over the age of 18 can take delivery of your order during the Delivery Window. We do not usually deliver to a neighbour or leave your order in a safe place at the delivery location unless you expressly ask us to do so by contacting us by phone on 03303200570 or via email at firstname.lastname@example.org. If we deliver the Products to a neighbour or leave them in a safe place, as instructed by you, we will not be liable as a result of the Products not being within your or our control. We cannot be held responsible for any theft of the Products, tampering, contamination or results of changes in temperature. Our delivery drivers do not check whether the safe place specified by you is suitable when delivering the Products as requested.
12.6 We will do our best to deliver your order within the Delivery Window. However, sometimes we may not be able to do so as a result of events outside our reasonable control, such as adverse weather conditions or traffic. If this happens, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we take these steps, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
12.7 It is your responsibility to keep your contact details and in particular the delivery location up to date.
12.8 If you or another person over the age of 18 is not available to take delivery of your order and you have not instructed us to leave it with a neighbour (who is over the age of 18) or in a safe place, then we will not deliver the Products to you and not attempt a further delivery. You will be responsible for all our costs and expenses if this is the case and we will still charge you for any Products that can no longer be sold to another person, and for the delivery.
12.9 If you refuse to take delivery of the Products, we may still charge you for the Products and the delivery charges.
12.10 The Products will be your responsibility from the time we deliver them to the address you gave us or deliver the Products in some other way under this clause. You own the Products once we have received payment in full or we have delivered the Products, whichever is later.
13. ENDING THE CONTRACT
13.1 If any Products you have ordered are liable to deteriorate or expire rapidly (i.e. are fresh or perishable) you are not entitled to return them within the “cooling off” period mentioned below.
13.2 As mentioned in paragraph 4.4, you can close your account at any time. The Services we provide relating to your order, and for which you pay delivery charges, are ancillary to your order for Products, and are therefore linked to your rights relating to the order for Products.
13.3 You may end your contract for the purchase of Products in the following circumstances:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract with the Partner Shop either for all Products ordered from that Partner Shop or only for the faulty or misdescribed Product (or to get the Product repaired or replaced or to get some or all of your money back), see paragraph 16;
(b) If you want to end the contract because of something we or our Partner Shops have done or have told you we are going to do, see paragraph 13.4;
(c) If you have just changed your mind about the Product, and it is not fresh or perishable (as mentioned in paragraph 13.1 above) see paragraph 13.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of returning any Products;
(d) In all other cases (if we or the Partner Shop are not at fault and there is no right to change your mind), see paragraph 13.7
13.4 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products (including any delivery charges) which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product or these Terms which you do not agree to (see paragraphs 1.4, 3.2 and 11.3);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we can no longer supply the Product, or
(e) you have a legal right to end the contract because of something we have done wrong.
13.5 Subject to paragraph 13.6, you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receives the Products (cooling off period) and receive a refund for the relevant Products (excluding any delivery charge) if we have already delivered the Products). If we need to split the Delivery of the Products over several days, then, subject to paragraph 13.6, you will have until 14 days after the day you receive (or someone you nominate receives) the last Delivery to change your mind about the Products. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
13.6 You do not have a right to change your mind about:
(a) any Products that are liable to deteriorate or expire rapidly (i.e. fresh or perishable products), as explained above;
(b) any Products that are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) any Products that become mixed inseparably with other items after their Delivery.
13.7 Even if we or the Partner Shops are not at fault and you do not have a right to change your mind (see paragraph 13.1 and 13.6), you can still end the contract before the Products are delivered and paid for, but you may have to pay us and the Partner Shops compensation. If you want to end a contract before the Products are delivered and paid for, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we and the Partner Shops will incur as a result of your ending the contract.
14. HOW TO END THE CONTRACT FOR PRODUCTS (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
14.1 If you wish to end a contract for the purchase of Products, please let us know by doing the following:
(a) Phone or email. Call customer services on 03303200570 or email us at email@example.com. Please provide your name, home address, phone number or email address and details of the order.
14.2 If you end the contract for any reason after Products have been dispatched to you or you have received them you must return them to us. You must either return the Products in person to the Partner Shop from which you bought them, post them back to us at Church Mews Church Lane, Pitsford, Northampton, NN6 9AJ or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 03303200570 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days after telling us that you wish to end the contract.
14.3 We will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the Product, the Services, these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
14.4 If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see here.
14.5 We will refund you the price you paid for the Products including delivery charges, by the method you used for payment. However, we may make deductions from the price, as described below.
14.6 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price of the Products (excluding delivery charges) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) If you change your mind about all the Products in an order, i.e. cancel your entire order, at any time up to 13:00 on the day before your original Delivery Date (as described in paragraph 12.4) we will refund the delivery charges to you. However, if you do not cancel the entire order and you will therefore still receive some Products, you will be charged in full for the delivery charges.
14.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see paragraph 14.2.
15. OUR RIGHTS TO END THE CONTRACT
15.1 In addition to our right to suspend or terminate your use of the Services as described in paragraph 4.6 above, we may end the contract for the purchase of Products at any time by writing to you if:
(a) you do not make any payment to us when it is due; or
(b) you do not allow us to deliver the Products to you in accordance with paragraph 12 (and, in particular, if you or another person over the age of 18 is not present to take delivery as set out in paragraph 12.8 or you refuse to accept delivery as set out in paragraph 12.9).
15.2 If we end the contract in the situations set out in paragraph 15.1, and subject to paragraph 12.8, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
16. IF THERE IS A PROBLEM WITH THE PRODUCTS OR THE SERVICES
16.1 If you have any questions or complaints about the Products or Services please contact us. You can telephone our customer service team at 03303200570 or write to us at email@example.com or by post Church Mews Church Lane, Pitsford, Northampton, NN6 9AJ.
16.2 Our Partner Shops have a legal duty to supply Products and we have a legal duty to provide Services that in each case are in conformity with the contract with you. For example, the Products must be as described, fit for purpose and of satisfactory quality.
16.3 If you wish to exercise your legal right to reject Products and cancel part or the entire order you must either return them in person to the Partner Shop(s) from which you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 03303200570 or email us at firstname.lastname@example.org for a return label or to arrange collection.
16.4 If the Services provided by us do not conform to the contract you have a legal right to require us to repeat or fix the Services or provide a price reduction. If you wish to exercise your legal rights, please call customer services on 03303200570 or email us at email@example.com to arrange for this.
17. RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 If we or any Partner Shop fail to comply with these Terms, we or the Partner Shop (as applicable) are responsible for loss or damage you suffer that is a foreseeable result of our or the Partner Shop’s breaking this contract or our or the Partner Shop’s failing to use reasonable care and skill, but we and the Partner Shop are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, we or the Partner Shop and you knew it might happen, for example, if you discussed it with us or the Partner Shop during the sales process.
17.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at paragraph 16.2; and for defective products under the Consumer Protection Act 1987.
17.3 The Platform is for domestic and private use only. If you purchase the Products for any commercial, business or re-sale purpose neither we nor the Partner Shops will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights. If you are unhappy with the transfer you may contact us to delete your account with us.
19.2 The Partner Shops may only transfer their rights and obligations under these Terms to another organisation if we have informed you of this in writing and your rights are not affected by the transfer. If you are unhappy with the transfer you may contact us to end your contract with the Partner Shop.
19.3 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree if the person you wish to transfer your rights to has been suspended or blocked from using our Services.
19.4 These Terms set out the relationship between you and us for the provision of the Services, and also your contract with the Partner Shops for the purchase of the Products. Nobody else has rights under these Terms or those contracts.
19.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
19.6 If we or a Partner Shop do not insist immediately that you do anything you are required to do under these Terms, or if we or a Partner Shop delay in taking steps against you for breaking any provisions of these Terms, that will not mean that you do not have to do those things and it will not prevent us or the Partner Shop from taking steps against you at a later date.
19.7 These Terms are governed by English law and you can bring legal proceedings about the Products in the English courts. If you live in Scotland you can bring legal proceedings about the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings about the Products in either the Northern Irish or the English courts.
19.8 Until 31 December 2020 any disputes about the sale of the Products may be submitted to the EU’s online dispute resolution portal, which you can access via this link (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN).
SCHEDULE 1 – MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Local Grocers Limited (acting on behalf of the relevant Partner Shops from whom you have purchased the Products), Church Mews Church Lane, Pitsford, Northampton, NN6 9AJ, England, 03303200570
I hereby give notice that I cancel my contract of sale of the following Products,
Ordered on [*]/received on [*],
Name of consumer,
Address of consumer,
Signature of consumer (only if this form is notified on paper),
[*] Delete as appropriate