Welcome to the All About the Cooks Marketplace. The Marketplace is a website enabling users to transact directly with each other to buy and sell Food. The marketplace is accessed at URL https://www.allaboutthecooks.com. By using the Marketplace you agree to and accept the Terms and Conditions. We may update or amend these Terms and Conditions from time to time. If we do amend them we will notify you by email with a link to the updated terms. It is your responsibility to check for such notices. You must read and accept the Terms and Conditions before using the marketplace and once you have accepted them they form the basis of a legal agreement between you and us.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Cook: means the individual or company who produces the Foods, and utilises the services of the Marketplace and the Website to sell their Foods.
Contract: means these Terms and Conditions.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Customer: the person or firm who purchases the Foods from the Cook.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Food: the Food produced by the Cook for the Customer.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Marketplace: ALL ABOUT THE COOKS LIMITED registered in England and Wales with company number 11557957 whose registered address is 3 Norland Road, Clifton, Bristol, United Kingdom, BS8 3LP (the “Company”).
Office Hours: means between 9:00am and 5:00pm during which the Marketplace operates and may assist with any Customer queries.
Order: the Customer’s order for the supply of Foods and Services, as set out in the Customer’s purchase order form.
Terms and Conditions: means these terms and conditions and all policies and codes of conduct referred to in them.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Website: means https://www.allaboutthecooks.com/ where the Marketplace facilitates the buying and selling of Foods by yourself and the Cook by using the internet, along with and the transfer of money and data to execute these transactions.
A person includes a natural person, corporate, or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its successors and permitted assigns.
A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written does not include fax.
1. These terms
1.1 What these terms cover. These are the Terms and Conditions on which the Cooks and their chosen delivery services supply Food to you, whether these are Foods.
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 the Cooks provide the Food to you, how the Food is delivered, the Marketplaces’ role throughout the process, how you and we may change or end the contract, 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 All About The Cooks Ltd a company registered in England and Wales. Our company registration number is 11557957 and our registered office is at 3 Norland Road, Clifton, Bristol, United Kingdom, BS8 3LP. Our registered VAT number is 333453713.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0117 4400 438 or by writing to us at firstname.lastname@example.org.
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 in your order.
3. Website access
You may access some areas of the Website without making an order or registering your details with us. Most areas of the Website are open to everyone.
4. Your status
4.1 Capacity and age: By placing an Order through the Website, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least eighteen (18) years old.
4.2 You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Cook directly to check that the Food is suitable for you, before placing your order directly with them through the Website.
4.3 While the Cook may make every effort to prevent cross-contamination in their kitchens, we cannot guarantee that any Food item the Cooks make are one hundred percent (100%) free of any specific allergen.
5. Our contract with you
5.1 How the Cook will accept your order. The Cook’s acceptance of your order will take place when the Marketplace notifies you that he/she has accepted it, at which point a contract will come into existence between you and the Cook.
5.2 If the Cook cannot accept your order. If the Cook is unable to accept your order, we will inform you of this as soon as possible and will not charge you for the Food.
6. Our Food
Products may vary slightly from their pictures. The images of the Food on the Website are for illustrative purposes only. Your Food will vary slightly from those images due to the nature of all Food being handmade and the inherent variants that will occur.
7. Your rights to make changes
If you wish to make a change to the Food you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10- Your rights to end the contract).
8. Our rights to make changes
8.1 Minor changes to the Food. We may change the Food to reflect changes in relevant laws and regulatory requirements, such as:
8.1.1 The Food Safety and Hygiene (England) Regulations 2013;
8.1.2 The General Food Regulations 2004;
8.1.3 Food Safety Act 1990; and/or
8.1.4 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002.
8.2 More significant changes to the Food and these terms. In addition, as we informed you in the description of the Food on our Website, we may make changes to the Food, but if we do so we will notify you and you may then contact us to cancel the order before the changes take effect and receive a refund for any Food paid for but not received
9. Providing the Food
9.1 Delivery costs. The costs of delivery will be as displayed to you on the individual Cook’s page on our Website.
9.2 Delivery and/or collection of the Food. In addition to the initial description on the Website, the Cooks will liaise with you post confirmation of the order to arrange delivery and/or collection of the Food. During the order process the Cooks will let you know when the Food will be ready for delivery and/or collection. The estimated completion date for the Food is as told to you during the order process.
9.3 We are not responsible for delays outside our control. If the Cook’s supply of the Food is delayed by an event outside of their control then they will contact you as soon as possible to let you know and they will take steps to minimise the effect of the delay. Provided the Cook does this they 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 Food you have paid for but not received.
9.4 If you are not at home when the Food is delivered. If no one is available at your address to take delivery and the Food cannot be posted through your letterbox or to the pre-agreed delivery place. The Cook or their agent will contact you through the Website informing you of how to rearrange delivery. Any additional costs incurred by rearranging the delivery will be charged to you by the Cook upon confirmation of the agreed new delivery time.
9.5 If you do not re-arrange delivery/collection. If you do not collect the Food from the Cook as arranged or if, after a failed delivery to you, clause 11 will apply.
9.6 Your legal rights if we deliver the Food late. You have legal rights if the Cook or their agent delivers any Food late. If they miss the delivery deadline for any Food then you may treat the contract as at an end straight away if any of the following apply:
9.6.1 The Cook refused to deliver the Food;
9.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.6.3 you told the Cook before we accepted your order that delivery within the delivery deadline was essential.
9.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 9.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if the Cook does not meet the new deadline. As per clause 9.4, any additional costs involved in rearranging the delivery will be charged to you by the Cook through the Website.
9.8 When you become responsible for the Food. The Food will be your responsibility from the time we deliver it to the address you gave us, or a carrier organised by you, to collect it from the Cook. Once the Food has been delivered and you have therefore become responsible for the Food, you immediately become responsible for the proper storage of the Food.
9.9 What will happen if you do not give required information to us. If you have requested delivery of the Food, the Cook will need certain information from you so that they can deliver the Food to you, for example, where to deliver, who to contact upon arrival, and any other important delivery information. This information will be requested in the Delivery form that will be sent to you by the Cook. If you do not give the Cook this information within a reasonable time of the Cook asking for it, or if you give the Cook incomplete or incorrect information, they may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate them for any extra work that is required as a result. The Cook will not be responsible for supplying the Food late or not supplying any part of the order if this is caused by you not giving them the information they need within a reasonable time of the Cook asking for it. If you have stated that you will collect the Food, then the Cook will be in contact with you with the required information for you to pick up the Food.
9.10 Reasons we may suspend the Food order fulfilment to you. We may have to suspend the supply of the Food to:
9.10.1 deal with technical problems or make minor technical changes;
9.10.2 unforeseen circumstances that have impacted the Cook’s ability to provide the Food;
9.10.3 make changes to the Food to reflect changes in relevant laws and regulatory requirements; and/or
9.10.4 make changes to the Food as requested by you or notified by us to you (see clause 8).
10 Your rights to end the contract
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
10.1.1 If what you have bought is misdescribed you may have a legal right to end the contract (or to get the Consumable reproduced, or to get some or all of your money back), see clause 10.2;
10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 11.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Food which has not been provided and you may also be entitled to compensation. The reasons are:
10.2.1 we have told you about an upcoming change to the Food or to these terms which you do not agree to (see clause 8.2);
10.2.2 we have told you about an error in the price or description of the Food you have ordered and you do not wish to proceed;
10.2.3 there is a risk that supply of the Food may be significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the Food for technical reasons, or notify you we are going to suspend it for technical reasons, you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.6).
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Food bought online you have a legal right to change your mind within 14 days and receive a refund. As all Food supplied by the Cooks and marketed on the Marketplace is Foods which are liable to deteriorate or expire rapidly, clause 28 (1) (c) of the Consumer Contracts Regulations 2013 applies therefore excludes your right to change your mind.
10.4 Our goodwill guarantee. Please note, that if you are unhappy with the Foods you have been supplied, we operate a goodwill policy on an individual basis. If you wish to return any Foods please contact the Marketplace immediately by using the contact details in clause 10.4.1.
10.4.1 Phone or email. Call All About the Cooks during Office Hours on 0117 4400 438 or email us at email@example.com. Please provide your name, home address, including details of what you bought, when you ordered or received it and, where available, your phone number and email address.
10.4.2 By post. Simply write to us at:
All About The Cooks
40 Berkeley Square
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for the Food at any time by writing to you if:
11.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Food; or
11.1.2 you do not, within a reasonable time, allow us to deliver the Food to you or collect it.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Food 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.
12 Summary of your legal rights.
12.1 Cooks are under a legal duty to supply Food that are in conformity with this contract. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.2 Your obligation to return rejected Food. If you wish to reject the Food you should arrange its return by using the details provided in clause 10.
13 Price and payment
13.1 Where to find the price for the Food. The price of the Food (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Food advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Food you order.
13.2 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 Food , we will adjust the rate of VAT that you pay, unless you have already paid for the Food in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Food we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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.
13.4 When you must pay and how you must pay.
13.4.1 You will pay for the Food as soon as the Cook accepts your order on the Marketplace. We will not charge your credit or debit card until the Cook has accepted your order on the Marketplace.
13.4.2 We process all our payments through Stripe, our payment processing platform. Please refer to their services agreement found at https://stripe.com/gb/legal for any issues and/or queries in relation to credit or debit card payments, data retention policies, and any other queries surrounding our payment process.
14. Consumer obligations:
14.1 ensure that the terms of the Order and any information it provides are complete and accurate;
14.2 co-operate with the Cook and the Marketplace;
14.3 provide the Cook with access to your premises in order to deliver the Food;
14.4 provide the Marketplace with such information and materials as the Marketplace may reasonably require in order for the Cook to produce the Food, and ensure that such information is complete and accurate in all material respects; and
14.5 If the Cook or the Marketplace performance of any of its obligations is prevented or delayed by any act or omission by you or your failure to perform any relevant obligation:
14.5.1 without limiting or affecting any other right or remedy available to it, the Marketplace shall have the right to suspend performance of the Order until you remedy the default, and to rely on the default to relieve itself from the performance of any of its obligations in each case to the extent the default prevents or delays the Cook and Marketplaces’ performance of any of their obligations;
14.5.2 the Marketplace shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from the Cook’s or Marketplace’s failure or delay to perform any of its obligations; and
14.5.3 you shall reimburse the Cook and Marketplace on written demand for any costs or losses sustained or incurred by the Cook and Marketplace arising directly or indirectly from your default.
15. Limitation of liability
15.1 The Marketplace has obtained insurance cover in respect of claims regarding Food supplied by a Cook through the Marketplace only. The Marketplace does not have any public or employee insurance and all claims in respect of this will be the sole responsibility of the relevant Cook.
15.2 Nothing in the Agreement will limit or exclude a party’s liability for:
15.2.1 death or personal injury caused by negligence, or the negligence of its employees, agents, or subcontractors;
15.2.2 fraud or fraudulent misrepresentation; or
15.2.3 any other liability to the extent the same cannot be excluded or limited by law.
15.3 Any claim made in respect of Food as per clause 15.1 will not exceed the total purchase order for the Food per claim.
15.4 The limitations on liability apply to every liability arising under or in connection with the contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
15.5 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
15.6 Nothing in the contract limits any liability for:
15.6.1 death or personal injury caused by negligence;
15.6.2 fraud or fraudulent misrepresentation; and
15.6.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15.7 The following types of loss are wholly excluded:
i. loss of profits;
ii. loss of sales or business;
iii. loss of agreements or contracts;
iv. loss of anticipated savings;
v. loss of use or corruption of software, data or information;
vi. loss of or damage to goodwill; and
vii. indirect or consequential loss.
15.8 In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
15.9 Unless you notify the Marketplace as soon as possible that you intend to make a claim in respect of an Event the Marketplace shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire five (5) days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
15.10 Limitation of liability shall survive termination of the contract.
16. The Cook’s responsibility for loss or damage suffered by you
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.
17. Data protection
17.3 We do not store any personal information regarding payment details for any order made through the Marketplace. For any issues and/or queries in relation to credit or debit card payments and data retention, please look at our payment platform providers terms and conditions found at https://stripe.com/gb/legal.
18.1 Without affecting any other right or remedy available to it, either party may terminate the Order with immediate effect by giving written notice to the other party if:
18.1.1 the other party commits a material breach of its obligations under the Contract;
18.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
18.1.3 Without affecting any other right or remedy available to it, the Marketplace may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
19. Other important terms
19.1 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.
19.2 Non-circumvention. No party shall attempt to or actually circumvent or interfere with business relationships of the Marketplace or the Cooks, their clients or sources of transactions. The Cooks shall not, directly or indirectly, establish, or receive compensation for or receive, any interest, investment, financing, or participate in any merger, acquisition, joint venture, agency, vendor, or other relationship with the Marketplace’s clients or sources of transactions, in circumvention of the business relationships between the Cook’s and the Marketplace’s clients or sources of transactions.
19.3 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.
19.4 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 Food, we can still require you to make the payment at a later date.
19.5 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 Food in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Food in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Food in either the Northern Irish or the English courts.