- Who we are. We are DairyDrop Limited a company registered in England and Wales. Our company registration number is 12014132 and our registered office is at Riverside House, Kings Reach Business Park, Yew Street, Stockport, Cheshire SK4 2HD. Our registered VAT number is 329576955.
- How to contact us. You can contact us by telephoning our customer service team at [NUMBER] or by emailing us at email@example.com.
- 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.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR TERMS
- What these terms cover. These terms and conditions (“terms”) set out the terms on which we provide access to our DairyDrop mobile application (“our app”) and our website dairydrop.com (the term “our site” shall hereafter refer to the website and our app) which you use or through which you order products.
- Why you should read them. Please read these terms carefully before you use our site or order any products through the site. These terms tell you who we are, how you can order dairy products and manage your deliveries, how you can cancel orders, 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.
- Acceptance of these terms. By using our site or ordering products through our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site or order any products through our site. We recommend that you print a copy of these terms for future reference.
- We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
- We may make changes to our site. We may update and change our site from time to time to reflect changes to the Dairies’ products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
- We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- Our site is only for users in the UK. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
- OUR RELATIONSHIP WITH YOU
- Our objective. Our purpose is to provide a link between you and the dairies and milkmen that we partner with (“Dairies”) to enable you to order dairy products (“products”) from the Dairies and manage your deliveries from the Dairies. When you order products from the Dairies through our site, we act as an agent on behalf of that Dairy to conclude your order, manage your subscription and take payment on behalf of the Dairy. Your products will be delivered by the Dairies.
- No legal contract between us for supply and purchase of products. You acknowledge that the legal contract for supply and purchase of the dairy products is between you and the Dairy that you place your order with, and that we will conclude the sale of products on behalf of, and as agent for, the Dairies in all cases.
- Warranties as to your capacity. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts with the relevant Dairy, and that you are at least 18 years old.
- YOUR ACCOUNT
- Setting up an account. In order to place an order for products through our site, you will need to set up an account with us.
- You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
- We may disable your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- YOUR ORDER
- Making your order. Your order is an offer to purchase the products from the Dairy on a one-off or recurring delivery basis. You place your order with the Dairy by using the ordering process on our app. You can order products by selecting the products that you wish to order from your chosen Dairy and confirming whether it is a one-off purchase or a subscription purchase. After you have provided the other required information, you will be given the opportunity to submit your order by selecting the “Confirm Order” or similar button. You must ensure that your order and any other information that you supply to us is correct. Once you have confirmed your order you will be required to make payment for the products you have ordered through the app in accordance with clause 6.
- How your order will be accepted. Once you have submitted your order and your payment has been authorised, we will forward your order to the relevant Dairy. If the Dairy accepts your order we will send you a confirmation email confirming your order has been accepted by the Dairy, at which point a legally binding contract will come into existence between you and the Dairy.
- If the Dairy cannot accept your order. If the Dairy is unable to accept your order, we will inform you of this in writing and any payment made by you in respect of that order will be returned to you. Returning the payment may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Dairy will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
- Allergies or intolerances. If you have a specific allergy or intolerance, you agree that you will contact the Dairies directly to check that the products are suitable for you before placing your order. We cannot guarantee that any of the products sold by the Dairies are free of allergens.
- The service is only available in the UK. Our site is solely for the promotion of the products and the Dairies in the UK. Unfortunately, the Dairies do not accept orders from addresses outside the UK.
- Delivery of your order. If you order is accepted, the Dairy will deliver the products to you in accordance with your order. Estimated times for deliveries of the products are provided by the Dairies and are only estimates. Neither we nor the Dairies guarantee that the order for the products will be delivered within the estimated time.
- Delivery to flats/apartments. Any items missing or claims of none deliveries reported will upon further investigation be chargeable and are not refundable if you live in a flat or apartment and didn’t stipulate this in the order process address section DairyDrop require full detailed delivery instructions for any orders delivered to flats or apartments and you must do so in the knowledge that you will be liable for the cost of missing goods as the milkmen cannot be responsible for items that are left in a communal entrance or any areas that other residents have access to.
- PRICE AND PAYMENT
- Where to find the price for the product. The price of the product and the delivery (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the product you order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products on our site may be incorrectly priced. If the correct price for an order is higher than the price stated on the site, we will normally contact you before the relevant order is dispatched. In such an event, neither we nor the relevant Dairy is under any obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
- Authorisation of payments. You authorise us and our third-party payment providers to take payment and/or charge your payment card for the relevant amounts and at the relevant times. Delivery of the products is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary.
- When payment must be made. Payment for the products must be made when your order is accepted by an accepted credit or debit card through the site. If you have purchased a subscription plan, your first monthly payment will be paid upfront, and subsequent payments will be taken after the relevant cut-off date/time specified on our site (which may change from time to time), depending on the delivery date(s) you select.
- Authorisation from Dairies. We are authorised by the Dairies to accept payment on their behalf and payment of the price of any products will fulfil your obligation to pay the price to the Dairies.
- Crediting your account. We may allocate credit to your account in certain circumstances. Credits cannot be exchanged for cash and are non-transferable. Credits will expire after a period of 6 months. The validity period starts from the time the credit is allocated to your account. Any unused credit on your account will automatically expire if your account is closed. Credit can be used against future orders and deliveries with that Dairy, and is redeemed automatically upon checkout, or against subsequent payments.
- The supply of products to you may be suspended if you do not pay. If you do not pay for the products when you are supposed to (in accordance with clause 4), and you still do not make payment within 7 days of us reminding you that payment is due, the Dairy may suspend the supply of products until you have paid us the outstanding amounts. We will contact you to tell you if the Dairy is suspending supply of the products.
- CUSTOMER CARE
- Your rights to make changes. If you wish to make a change to the product you have ordered or the frequency of the product 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 of the product, the timing of delivery 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.
- Your rights to cancel or change recurring deliveries. Orders for recurring monthly or fortnightly deliveries can be cancelled or changed at any time through our site before the relevant cut-off time and date. The cut-off for any delivery occurs at midday, one month before your scheduled delivery day. Recurring deliveries can be cancelled prior to you receiving your first delivery, however, this service is offered on a case by case basis at Dairy Drop’s discretion and will incur a processing fee of £4.99.
- Your rights to cancel or change one-off deliveries. If you wish to change or cancel a one-off delivery, please contact our customer care team at email@example.com, and we will attempt to contact the Dairy in order to communicate your cancellation. Please note that there is no guarantee that the Dairy will agree to your request to cancel or change the order.
- Changing the quantity of your delivery. If you change your delivery before the cut-off time so that the cost of the products to be delivered is less than it was originally, the difference will be credited to your account.
- Suspending your delivery. If you suspend a recurring delivery before the cut-off time, the cost of the products scheduled to be delivered during the period of suspension that are not delivered will be credited to your account.
- Questions about your order. If your order is not delivered when scheduled or you have any problems with your order, please contact our customer care team at firstname.lastname@example.org, and we will attempt to contact the Dairy in order to follow up on your query.
- Procedure for dealing with complaints. If you are unhappy with your products ordered or the service provided by a Dairy and wish to seek a refund or other compensation, you should lodge your complaint directly with the relevant Diary, and follow the Dairy’s complaint procedures. If you are unable to contact the Dairy, please contact our customer care team at email@example.com, and we will attempt to contact the Dairy on your behalf in order to follow up on your complaint. Please note that the legal contract for the supply and purchase of the products is between you and the Dairy that you place the order with. We do not have any control over the Dairies and the quality of the products or service that they provide. We are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Dairy. We do not give any undertaking that the products ordered from any Dairy through our site will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- INFORMATION ON OUR SITE
- How you may use material on our site.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Do not rely on information on this site. The content on our site (including user reviews) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- Images on our site. Any images of products on our site are provided as a design feature only and may not be representative of the product that you receive from a Dairy.
- We are not responsible for viruses and you must not introduce them. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- USER CONTENT AND REVIEWS
- User-generated content is not approved by us. Our site may include information and materials uploaded by other users of the site, including reviews from other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
- How to complain about content uploaded by other users. If you wish to complain about content uploaded by other users please contact us at firstname.lastname@example.org.
- You must comply with our content standards. Whenever you make use of a feature that allows you to upload content to our site, such content must be accurate (where it states facts), be genuinely held (where it states opinions and must comply with the law applicable in England and Wales and in any country from which it is posted. The content must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the content emanates from us, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
We have the right to remove any posting you make or content you upload on our site if, in our opinion, your post does not comply with the content standards set out above.
- Your warranty to us. You warrant and represent that any content that you upload does comply with the standards set out above, and you will be liable to us and indemnify us for any breach of that warranty or representation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty or representation.
- Rights in your content. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. You agree that we are free to copy, disclose, distribute, incorporate and otherwise use any user content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business You are solely responsible for securing and backing up your content.
- Disclosing your identity. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- LINKS TO AND FROM OTHER WEBSITES
- We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
- We may terminate your use of the site if you breach the terms. We may terminate or suspend (at our absolute discretion and not limiting any other remedies that we may have) your use of the site at any time by writing to you if:
- you do not make any payment to us (on behalf of the Dairy) when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- we believe that you have used the site in breach of clause 8 (Information on our site), clause 9 (User Content and Reviews), or clause 10 (Links to and from other websites); or
- we believe that you have breached any other material terms of these terms.
- We may terminate your use of the site if you breach the terms. We may terminate or suspend (at our absolute discretion and not limiting any other remedies that we may have) your use of the site at any time by writing to you if:
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these terms. 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.
- 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; or any other liability which cannot be excluded or limited under applicable law. Nothing in these terms affects your statutory rights.
- We are not liable for business losses. If you are a consumer please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes. If you do use our site for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 4.
- Our responsibility for loss or damage suffered by you if you are a business. If you are not a consumer, subject to clause 2:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if it is foreseeable, arising under or in connection with:
- use of, or inability to use our site; or
- use of, or reliance on any content displayed on our site.
in particular, we will not be liable for:
- any loss of profit, sales, business or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity, goodwill or reputation;
- loss of anticipated savings;
- or any indirect or consequential loss or damage; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.
- Defective digital content. If you are a consumer and defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you the compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- OTHER IMPORTANT TERMS
- Events outside of our control. We will not be in breach of any contract or be liable for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events or circumstances outside our reasonable control.
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation without your consent.
- You need our consent to transfer your rights to someone. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under these terms. These terms and any other terms expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous agreement, understanding or agreement between us relating to the subject matter of any contract.
- If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing these terms, 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 these terms, 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.
- Which laws apply to these terms 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.
- Headings. The headings in these terms are included for convenience only and shall not affect their interpretation.