Version 2.0 // Last Updated 17 Mar 2021
BEST OF OUR COUNTIES - CLICK AND COLLECT
- About these terms and conditions
- Information about us and how to contact us
- Your Account and placing an order
- Our Products
- Your rights to make changes
- Our rights to make changes
- Providing the products
- Your right to cancel
- Our right to cancel
- If there is a problem with the product
- Price and payment
- Our responsibility for loss or damage suffered by you
- How we may use your personal information
- Other important terms
1. These Terms
1.1 What these terms cover. These are the terms and conditions for which we sell goods to you via our Best of Our Counties Click and Collect.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may cancel an order, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are The Midcounties Co-operative Limited a registered society under the Co-operative and Community Benefit Societies Act 2014 with registered number 19025R. Our registered address is Co-operative House, Warwick Technology Park, Warwick, CV34 6DA. Our registered VAT number is GB 862817892.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 138 2902 or by writing to us at firstname.lastname@example.org or Customer Service Team, Co-operative House, Warwick Technology Park, Warwick, CV34 6DA.
2.3 How we may contact you. 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 on your account.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Your account and placing an order
3.1 You need to register an account with us to buy produce on the website (“Account”). You must be at least 16 (sixteen) years old and resident of the United Kingdom to register an account with us. The website is intended for use only in England, Scotland and Wales.
3.2 You must ensure that your username and password are kept secure and confidential. You are responsible for any activity on your Account. It is your sole responsibility to monitor and control access to and use of your Account. You agree to keep your information accurate, complete and current.
3.3 To purchase produce on our website, you need to add items to your basket and follow the steps on the website to guide you through to checkout. You will also need to select an available delivery slot.
3.4 You should check your basket carefully before submitting your order. You should also ensure that the personal details (especially your email address) in your Account are correct.
3.5 How we will accept your order. Our acceptance of your order will take place when we notify you that your order is accepted, at which point a contract will come into existence between you and us.
3.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this either at the point of purchase on our website and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet the collection date requested.
3.7 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.8 We only sell for collection from our specified stores in the UK. Our website is solely for the promotion of our products for collection from our participating stores in the UK. Unfortunately, we cannot accommodate collection from our stores that are not participating in our click and collect service.
3.9 Collection slots are subject to availability. Operating times vary by location. Available slots may be seen up to 28 days in advance. Log in to see the collection slots available at that location.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Our produce is seasonal, so it changes regularly so you can buy what is growing in our suppliers’ fields and farms at that time of year. This means that not all produce will be available all year round. We may change the variety, number and type of produce available on the website regularly and without notice. Produce is likely to become unavailable out of season as towards the end of seasons.
4.3 Our products are subject to availability. We may limit the quantities of particular items supplied to any one customer at our sole discretion.
4.4 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.5 Whilst we believe product information on our website to be accurate at the time of publication, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not solely rely on the information presented on our website. Please always read the labels, warnings, and directions provided with the product before using or consuming a product. To the extent permitted by applicable law we accept no responsibility for, and make no representation or give any warranty or undertaking express or implied as to the accuracy or completeness of the information contained on our website.
4.6 From time to time purchase of goods may be subject to offers and promotions, at our sole discretion. Unless specified otherwise these terms will apply to any such offers and promotions. If there are any conflicts between the terms of the offer or promotion and these terms, then these terms will apply.
4.7 The number of customers who may partake in any offers and promotions may be limited in quantity, and we reserve the right to withdraw offers and promotions without notice at any time.
5. Your rights to make changes
Unfortunately, we are unable to accommodate changes to an order for collection. If you wish to change your order, you should cancel the order entirely (see section 8) and place a new order for the desired goods. Please note cancellation of an order is subject to these terms.
6. Our rights to make changes
6.1 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes due to seasonal variations or supply issues. For example, we cannot guarantee availability of fresh produce and we reserve the right to replace products with a broadly equivalent product to that ordered. Where this happens we will notify you and you may then contact us to end the contract before collecting the products and receive a refund for any products paid for but not received:
7. Providing the products
7.1 Collection charge. There is currently no charge for collection but we reserve the right to introduce a collection charge, which will be displayed to you on our website, where applicable. By placing an order you are deemed to have accepted the stated collection charge, if any.
7.2 When we will provide the products. During the order process we will let you know when the products will be available to you for collection. This will be the collection slot that you select as part of the order process.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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 do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may cancel and receive a refund for any products you have paid for but not received.
7.4 Collection by you. You are required to collect the products at the agreed time from the store you have selected. We are unable to accommodate collection before the agreed time and you must collect the products on the same trading day as the collection. When collecting the products you must bring evidence of your identity and order number.
7.5 If your order contains alcohol the person collecting the order must be aged 18 or over. When collecting the order, you will be required to provide identification to prove your age.
7.6 Failure to collect the products. If, for whatever reason, you fail to collect the goods on the same day as the collection slot, in the absence of agreement with you for a later collection, we may donate the goods to a foodbank or otherwise dispose of them and you will not be entitled to a refund.
7.7 Rearranging collection slot. Unfortunately, we are unable to accommodate changes to a collection slot. If you wish to change your collection time, you should cancel the order entirely (see section 8) and place a new order for the goods at the revised collection time. Please note cancellation of an order is subject to these terms.
7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time you collect it from us.
7.9 If you are not satisfied with an order you have received or if the order is incorrect, something is missing or produce arrives which is not fit for consumption, you must notify us as soon as possible.
7.10 When you own goods. You own the goods when you collect the goods, subject to payment having been received by us in full.
7.11 We may also cancel any order if you do not pay. If you do not pay us for the products at the point of purchase or the payment is subsequently declined, for any reason, we will cancel the supply of the goods and vacate the agreed collection slot. We will notify you if this happens.
8. Your right to cancel
8.1 You may cancel your Contract for non-perishable products within 14 days from the day of collection, when you acquire physical possession of the produce, without giving any reason.
8.2 You may cancel your Contract for perishable products (drinks, fresh or frozen food), where notice of your cancellation is received five clear Business Days prior to the date of collection. For the purpose of these terms, Business Days is defined as any day other than a Saturday, a Sunday or a day which is a UK bank holiday. If you want to cancel your order later that, we will charge you in full for the perishable products contained in your order.
8.3 To exercise your right of cancellation for non-perishable or perishable products in accordance with this clause 8, you must:
(a) inform us (at the contact details set out in paragraph 2.2 of these terms and conditions) of your decision to cancel the order by a clear statement (e.g. a letter sent by post or email) within the relevant period stated at clause 8.1 and 8.2. You may use the model cancellation form attached to these terms and conditions (but it is not obligatory).
(b) if you have received the non-perishable products relating to the order you wish to cancel, return those product(s) to us at the same store you collected them from within 14 days from the day on which you tell us you want to cancel. The deadline is met if you return the products before the 14 day period has expired. Where posting, please keep a copy of proof of postage. You will have to pay the cost of postage of returning the items.
8.4 If you decide to cancel your order within the timescales stated in this clause 8, we will reimburse you for all payments for non-perishable or perishable goods which we have received from you in relation to your order, including any collection charge, where applicable .
8.5 If you decide to cancel your order for non-perishable any goods after they have been received, they must be returned unused and in their original packaging in order to qualify for a full refund.
8.6 We will make the reimbursement:
(a) within 14 days from either a) the date of cancellation of perishable goods, or b) after the day we receive back from you the relevant non-perishable products supplied; or
(b) (if earlier), 14 days after the day you provide evidence that you have returned the relevant non-perishable products to us; or
(c) if no products were supplied to you, 14 days after the day on which we are informed about your decision to cancel the order.
8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise you will not incur any fees as a result of the reimbursement. Where applicable, we may withhold reimbursement until we have received the products back or you have supplied evidence of having sent the products back, whichever is the earliest.
8.8 No such rights of cancellation (as set out in this Clause 8) applies if you are purchasing the produce otherwise than as a consumer.
9. Our right to cancel
9.1 We may cancel the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not collect the products from us at the agreed collection slot, as detailed at clause 7.6;
(c) we believe you are in breach of these terms and conditions; or
(d) we suspect fraud.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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. In the case of 9.1(b) that is likely to be the full cost of the products that were not collected.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us by telephoning our customer service team at 0800 138 2902 or by writing to us at email@example.com or Customer Service Team, Co-operative House, Warwick Technology Park, Warwick, CV34 6DA.
10.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.3 By law, we are required to supply goods which are as described by us, fit for purpose and of satisfactory quality.
10.4 If you feel we have not met these requirements, please contact us using the contact details at Clause 2.2, to request:
(a) that we may replace the products where available; or
(b) a price reduction; or
(c) to reject the products and get a refund.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT, where applicable) 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 the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply 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.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order 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 we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept all major credit and debit cards via Stripe, Google Pay, and Apple Pay. You must pay for the products at the point of order. Your collection slot will not be confirmed until we have received payment.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think you have been wrongly charged. If you think we have charged you incorrectly please contact us promptly to let us know.
11.7 Member discounts do not apply to purchases made via our Best of Our Counties Click and Collect. That includes, but not limited to, Diamond Discount Day, NUS, colleague discount, or any other discounts.
11.8 We are unable to accept share of the profit vouchers or colleague thank you vouchers in payment via our Best of Our Counties Click and Collect.
12. Our responsibility for loss or damage suffered by you
12.1 We will make every effort to ensure your order is available for collection at your collection time but we cannot accept liability if the service is limited or unavailable due to operational reasons or circumstances beyond our control.
12.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we 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, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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; and for defective products under the Consumer Protection Act 1987
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
14. Other important terms
14.1 We may transfer this agreement to someone else. 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 under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 We reserve the right to amend or terminate the availability of the Best of Our Counties Click and Collect, including the collection charge, at any time and without notice.
14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.