1. THESE TERMS 

1.1 What these terms cover. These are the terms and conditions on which we supply meals to you. 

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 meals to you, 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. 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US 

2.1 Who we are. We are TDC Foods Ltd trading as Free Range Kids, a company registered in England and Wales. Our company registration number is 10539289 and our registered office is at 4 Prince Albert Road, London, United Kingdom, NW1 7SN. 

2.2 How to contact us. You can contact us by writing to us at info@frkids.co.uk or by telephone 07435 959 076. 

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. 

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 

  1. OUR CONTRACT WITH YOU 

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the meals. This might be because the meals are 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 meals or because we are unable to meet a delivery deadline you have specified. 

3.3 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. 

3.4 We only sell to the UK. Our website is solely for the promotion of our meals in the UK. 

Unfortunately, we do not deliver to addresses outside the UK. 

  1. OUR MEALS 

4.1 Meals may vary slightly from their pictures. The images of the meals 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 meals. Your meals may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, ingredient amounts and measurements indicated on our website have a 2% tolerance. 

4.2 Meals packaging may vary. The packaging of the meals may vary from that shown in images on our website. 

  1. YOUR RIGHTS TO MAKE CHANGES 

If you wish to make a change to the meals 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 of the meals, 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. 

  1. OUR RIGHTS TO MAKE CHANGES 

6.1 Minor changes to the meals. We may change the meals: 

6.1.1 to reflect changes in relevant laws and regulatory requirements; and 

6.1.2 to implement minor technical adjustments and improvements, for example to address a change of ingredients. These changes will not affect your use of the meals. 

6.2 More significant changes to the meals and these terms. In addition, as we informed you in the description of the meals on our website, we may make the following changes to these terms or the meals, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any meals paid for but not received. 

  1. PROVIDING THE MEALS 

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website or order form. 

7.2 When we will provide the meals. During the order process we will let you know when we will provide the meals to you. 

7.3 We are not responsible for delays outside our control. If our supply of the meals 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 contact us to end the contract and receive a refund for any meals you have paid for but not received. 

7.4 Collection by you. Orders will always be made for delivery unless we agree otherwise. If we accept your order for collection, you must collect the meals from us at the premises indicated by us at during the time slots provided by us. 

7.5 If you are not at home when the meals are delivered. If no one is available at your address to take delivery and the meals cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the meals from a local depot. 

7.6 If you do not re-arrange delivery. If you do not collect the meals from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply. 

7.7 When you become responsible for the meals. The meals will be your responsibility from the time we deliver the meals to the address you gave us or you or a carrier organised by you collect it from us. 

7.8 When you own the meals. You own the meals once we have received payment in full. 

7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the meals to you, for example, delivery address details. If so, this will have been stated on our website or order form. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the meals late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

7.10 Reasons we may suspend the supply of meals to you. We may have to suspend the supply of a meals to: 

7.10.1 deal with technical problems or make minor technical changes; 

7.10.2 update the meals to reflect changes in relevant laws and regulatory requirements; 

7.10.3 make changes to a meal as requested by you or notified by us to you (see clause 6). 

7.11 Your rights if we suspend the supply of meals. We will contact you in advance to tell you we will be suspending supply of the meals, unless the problem is urgent or an emergency. If we have to suspend the meals for longer than two months, we will adjust the price so that you do not pay for meals while they are suspended. You may contact us to end the contract for meals if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two months and we will refund any sums you have paid in advance for the meals in respect of the period after you end the contract. 

7.12 We may also suspend supply of the meals if you do not pay. If you do not pay us for the meals when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the meals until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the meals. We will not suspend the meals where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the meals during the period for which they are suspended. As well as suspending the meals we can also charge you interest on your overdue payments (see clause 12.5). 

  1. YOUR RIGHTS TO END THE CONTRACT 

8.1 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: 

8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the meals replaced or to get some or all of your money back), see clause 11; 

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; 

8.1.3 If you have just changed your mind about the meals, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any meals; 

8.1.4 In all other cases (if we are not at fault), see clause 8.4

8.2 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 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any meals which have not been provided and you may also be entitled to compensation. The reasons are: 

8.2.1 we have told you about an upcoming change to the meals or these terms which you do not agree to (see clause 6.2); 

8.2.2 we have told you about an error in the price or description of the meals you have ordered and you do not wish to proceed; 

8.2.3 there is a risk that supply of the meals may be significantly delayed because of events outside our control; 

8.2.4 we have suspended supply of the meals for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two months; or 

8.2.5 you have a legal right to end the contract because of something we have done wrong. 

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most meals bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, do not apply to perishable goods such as our meals. You do not have a right to change your mind in respect of meals. 

8.4 Ending the contract where we are not at fault. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for providing meals is completed when the meals are delivered and paid for. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for meals not provided but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract. 

  1. HOW TO END THE CONTRACT WITH US 

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by using the contact details within clause 2.2. 

9.2 Returning meals after ending the contract. If you end the contract for any reason after meals have been dispatched to you or you have received them, you must allow us to collect them from you. Please email us to arrange collection. 

9.3 When we will pay the costs of return. We will pay the costs of return: 

9.3.1 if the meals are faulty or misdescribed; or 

9.3.2 if you are ending the contract because we have told you of an upcoming change to the meals or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. 

In all other circumstances you must pay the costs of return. 

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the meals from you, we will charge you the direct cost to us of collection. 

9.5 How we will refund you. We will refund you the price you paid for the meals by the method you used for payment. However, we may make deductions from the price, as described above. 

9.6 When your refund will be made. We will make any refunds due to you as soon as possible. 

  1. OUR RIGHTS TO END THE CONTRACT 

10.1 We may end the contract if you break it. We may end the contract for meals at any time by writing to you if: 

10.1.1 you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due; 

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the meals, for example, delivery details; or 

10.1.3 you do not, within a reasonable time, allow us to deliver the meals to you or collect them from us 

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will charge reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

10.3 We may withdraw the meals. We may write to you to let you know that we are going to stop providing the meals. We will let you know at least two weeks in advance of our stopping the supply of the meals and will not charge you for any meals not provided. 

  1. IF THERE IS A PROBLEM WITH THE MEALS 

11.1 How to tell us about problems. If you have any questions or complaints about the meals, please contact us. 

11.2 Summary of your legal rights. We are under a legal duty to supply meals that are in conformity with this contract. The Consumer Rights Act 2015 says the meals must be as described, fit for purpose and of satisfactory quality. Your thirty day right to reject the meals is reduced to seven days from delivery due to their perishable nature. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. 

11.3 Your obligation to return rejected meals. If you wish to exercise your legal rights to reject the meals you must inform us within seven days of receiving the meals and either return them in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call or email us for a return label or to arrange collection. 

  1. PRICE AND PAYMENT 

12.1 Where to find the price for the meals. The price of the meals (which includes VAT currently zero-rated) will be the price indicated on the order pages when you placed your order or order form. We take all reasonable care to ensure that the price of the meals advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the meals you order. 

12.2 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 meals, we will adjust the rate of VAT that you pay, unless you have already paid for the meals in full before the change in the rate of VAT takes effect. 

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the meals we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the meals’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the meals’ 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 meals provided to you. 

12.4 When you must pay and how you must pay. We accept payment with most debit or credit cards. When you must pay for the meals before we dispatch them. We will not charge your credit or debit card until we dispatch the meals to you. 

12.5 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 3% a year above the base lending rate of Metro Bank Plc 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. 

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

13.1 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. 

13.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the meals as summarised at clause 11.2; and for defective ‘products’ under the Consumer Protection Act 1987 

13.3 We are not liable for business losses. We only supply the meals for domestic and private use. If you use the meals 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. 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION 

How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY]. 

  1. OTHER IMPORTANT TERMS 

15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will inform you if this happens and we will ensure that the transfer will not affect your rights under the contract. 

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights under these terms to another person if we agree to this in writing. 

15.3 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. 

15.4 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. 

15.5 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 meals, we can still require you to make the payment at a later date. 

15.6 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 meals in the English courts. If you live in Scotland you can bring legal proceedings in respect of the meals in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the meals in either the Northern Irish or the English courts.