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Terms and conditions of use

1. GENERAL

1.1 This website is operated by Spicee Upp Limited ("we", "us" or "our"). By using the Spiceeupp.co.uk website you are bound by these Terms & Conditions. All use and purchases made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods 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 Terms & Conditions applicable to your site visit or purchase. To assist you in determining whether the Terms & Conditions have changed since your most recent order we will display the date when these Terms & Conditions were most recently updated.

1.2 We sell goods only to end-users.

1.3 We will confirm your order when placed directly by using the spiceeupp.co.uk website. This will occur either by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. Or we may do both.

1.4 Please note that the order confirmation does not constitute our acceptance of your order. Subject to our cancellation rights in clause 11, acceptance of your order and completion of the contract will take place when we despatch the goods to you.

1.5 You must be 18 years old or over and must have completed the registration process in order to participate in our service.

1.6 The law places certain restrictions on transactions involving alcohol, and accordingly, alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order. We operate a “Challenge 25” policy, which means that if the person receiving delivery of alcohol looks under 25, we will request identification. We may also request identification in relation to other age-restricted products such as knives and DVDs. We may retain the products if proof of age or an alternative adult is not available.

1.7 If any of these Terms & Conditions is 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 Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

1.8 These Terms & Conditions 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.

 

spiceeupp.co.uk is a trading name of Spicee Upp Limited. The registered company address for Spicee Upp Limited is 140, Fanshawe Crescent, RM9 5DS. Registered in England. Company registration number: 09034559.

 

2. PRICE

2.1a With the exception of goods referred to in clauses 2.1(b), but including goods from our butcher and fishmonger that are sold and priced by each (i.e. a fixed price per item) and packaged by us (as further identified on the website), the price of such goods will be as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged for new products which were not in your original order will be the prices quoted at the time you confirm your amended order. However, 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 you confirmed 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.

2.1b For goods from our Butcher and Fishmonger (as further identified on the website), the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price of the actual weight you receive. In the event that there is a change in the price/kg between the time you confirmed your order and the time the item is weighed and priced by us, the price you will be charged will be the price at the time you confirmed your order.

2.2 The prices stated on the website will be inclusive of any VAT payable.

2.3 Each order you make may include a 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 will be dependent upon, amongst other things the date and time of your delivery and your delivery address and charges may vary from week to week. See section 4.9 for more information on delivery fees.

2.4 There is a minimum order requirement of £20 (excluding delivery charges) for every order placed. If the customer is using a money off voucher, the purchase of cigarettes, cigars, tobacco, postage stamps and infant formula will not contribute to the minimum spend. 

3. ACCEPTANCE AND AVAILABILITY

3.1 If for any reason beyond our reasonable control, we are unable to supply a particular item, please note that we will attempt to deliver substitute lines should your preferred line be unavailable unless you specifically request us not to do so. For example, if you make an order for a brand of rice and it is unavailable, at your request we could deliver a substitute brand.

3.2 Although we will always try to cater for your orders, an order of large quantities of a line can only be fulfilled at our discretion.

3.3 Your order is an offer to buy from us. Nothing that we do or state will amount to any acceptance of that offer until we actually dispatch the goods to you. A contract will be made between you and us the moment the goods are dispatched (and not before), and you have been charged for the goods.

4. DELIVERY 

4.1 Delivery times listed or stated are estimates only. We may use a third party delivery courier who may not be able to offer a specific delivery hour/ time. However Spicee Upp will notify you of your delivery date and also when your order has been dispatched. We may also provide you with a reference to track your order.

4.2 Estimated delivery days and times will be as specified on the delivery check-out page on the website and will be made to the address specified by you when you register on the website unless you change your delivery address at the check-out stage. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

4.3 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to 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. 

 4.4 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods. In any event our liability will be limited to the price of the goods incorrectly delivered and the cost of delivery.

4.5 It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.

4.6 Please note 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 time and date. In any event, our liability to you will be limited to the price of goods not delivered and the cost of delivery.

4.7 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.

4.8 Spicee Upp will ordinarily only make deliveries when an appropriate person is able to receive the delivery at the delivery address. If however there is no one to accept the delivery at your specified address, we will attempt to deliver to a near by neigbour or the delivery may be kept in a safe place at your address. In the Spicee Upp leaves a delivery unattended at your address, Spicee Upp expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. 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.

4.9 Standard delivery cost is £4.99 and delivery will take 2 to 3 days with this method. Our premium Next Day Delivery cost is £6.99, if you order before 12pm on a certain day, you will receive your order the next day. Please select delivery method of your choice when checking out and completing your order. Minimum order is £20.

5. PRIVACY, PASSWORDS & SECURITY

5.1 For quality and monitoring purposes we may record telephone calls made to and from our Spicee Upp Customer Service team.

5.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by credit reference agencies. We may also check your details held by other security and fraud prevention schemes.

5.3 As a valued customer of Spiceeupp.co.uk 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 you agree otherwise.

5.4 At the time of your registration you will be asked to create a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information was given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

5.5 Please note that external websites that you access through Spiceeupp.co.uk are NOT covered by our ‘Privacy Notice’ and ‘Terms and Conditions’ at large.

 

6. PAYMENT

6.1 Payment may be made by debit, credit or charge card and some business account cards, as well as via PayPal. We also accept payment by Spicee Upp Vouchers. No other vouchers or "money off" coupons will be accepted towards payment of an order. Any refunds arising from an order paid for by vouchers shall be given in Spicee Upp vouchers. You cannot pay for your order by cash or cheque.

6.2 We do not keep your card details as we eliminate the possibility of unauthorised access or disclosure.

6.3 The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.

6.4 Authority for payment will be requested from your card issuer between the time of your order being placed and when it is delivered. 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.

6.5 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

 

7. DEFECTIVE GOODS

7.1 We advise that you inspect the goods promptly at the time of delivery and notify us of any defects promptly after delivery. If you discover a product is faulty, please call our Customer Service team as soon as possible on 01509 265687 or email hello@spiceeupp.co.uk.

7.2 If the quality of any perishable item is not satisfactory, contact us within 24 hours of receipt of your order. You won’t be liable for a refund of perishable items after this period elapses

7.3 As a consumer, you have certain legal rights regarding the return of faulty or incorrectly described goods. Our refund procedure described below does not affect your legal rights in relation to such goods. Our returns policy is in accordance with 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. AMENDMENT, CANCELLATION & RETURNS

8.1 You can make an amendment to your order or request a cancellation by calling our customer team or visiting our website and logging in to your account, going to your ‘order history’ and adding a message stating your request. Cancellation or amendment requests via email may not be accepted.

8.2 For non-perishable items you can cancel or amend your order before it is processed and dispatched at no charge. However, if your order has been dispatched prior to our receipt of your cancellation or amendment request, you may return the goods (in good condition) within 7 days for a refund but you will not be liable to refund you the shipping and delivery cost incurred.

8.3 In respect of perishable items, you have the right to cancel or amend your order before your item is processed and dispatched. However, after your item has been dispatched you can only cancel your order for perishable items on the grounds that we made an error in sending you the item in question or the item was defective. If this is the case you have to contact our customer team within 24 hours of the receipt of your order by notifying us by telephone or via our website. 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 goods unless you are certain that you intend to keep the goods. 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 this item to you.

 

9. WARRANTIES AND LIABILITY

9.1 Spiceeupp.co.uk makes no warranty that this website will meet your requirements, uninterrupted or free of errors.

9.2 Products or product packages may differ slightly to those displayed on our website, and should you have any doubt about any product please contact us.

9.3 We are not liable or responsible for the availability or quality or content provided on any third party websites. You should refer to the terms and conditions and other policies posted by other third party websites.

9.4 will not be deemed to be in breach of contract or of these Terms & Conditions 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.

9.5 Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.

 

10. CUSTOMER COMPLAINTS

 10.1 Any Customer complaints should be addressed to the Spicee Upp Customer Service as listed on our website in the "Contact" section.

 

11. CANCELLATION & SUSPENSION OF YOUR ACCOUNT

11.1 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of these Terms and Conditions 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, you will receive an email notification and will be invited to contact us

11.2 In addition to our right to cancel your order in accordance with clause 11.1, we reserve the right to suspend your account. Your account will remain suspended until you contact us and remedy any breaches which are capable of remedy or provide any information reasonably requested by our call centre advisers to enable them to reactivate your account.

11.3 In the rare event that unforeseen operational or technical issues occur, we may need to cancel or rearrange delivery. If this happens we will endeavour to contact you to arrange an alternative delivery date.

 

12. COPYRIGHT

12.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this 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 spiceeupp.co.uk, 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 spiceeupp.co.uk.com website without Spicee Upp's prior written permission. Spicee Upp 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 spiceeupp.co.uk website.

 

13. General Data Protection Regulation (GDPR)

The GDPR came into effect in the UK on the 25th of May 2018 and we, therefore, need your consent as a business to retain your data.

We currently use your data to keep in contact with you regarding the following;

1) Your purchase orders

2) Delivery of your orders

3) Your invoices

4) Promotional offers

We do not share your data with any third party except for Delivery Purposes. In this case, the delivery courier will only use your information for the delivery of products you buy from us. Where necessary we need your consent to retain your name, addresses, phone number and email address.

Please note that we DO NOT retain your card payment information.

Upon completing your order and agreeing to the terms and conditions you are giving us permission to continue using this information. If you would like us to delete your information or you have any other query you can contact us by sending us an email via our email address (hello@spiceeupp.co.uk).

Customer Service: hello@spiceeupp.co.uk