Brakes Food Shop Delivery Terms and Conditions

1. These terms

1.1  What these terms cover
These are the terms and conditions on which we supply products to you.  They apply to any customers who are placing orders via our website www.brakesfoodshop.co.uk.  For clarity, where they apply to you, these terms will supersede any terms appearing on our website or in any of our documentation. 

1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or cancel your order, what to do if there is a problem and other important information. 

2. Information about us and how to contact us

2.1  Who we are
We are Brake Bros Limited a company registered in England and Wales. Our company registration number is 02035315 and our registered office is at Enterprise House, Eureka Business Park, Ashford, Kent TN25 4AG.  Our registered VAT number is GB202 9353 88.

3.Our contract with you

3.1 How to place an order
To place an order, please visit our website: https://www.brakesfoodshop.co.uk.  Please note that our delivery services are subject to geographical restrictions and, therefore, may not be available in your area.  To find out if we currently deliver in your area, please use the post-code finder on the site.   If you need to speak to a member of our team about your order or otherwise about the Brakes Food Shop service, please contact us on 0344 412 9985.

3.2 How we will accept your order
Our acceptance of your order will take place when we have confirmed your order and taken payment from you for the price of your order, at which point a contract will come into existence between you and us. 

3.3 If we cannot accept your order
If we are unable to accept your order or we need to cancel your order for any reason, we will (where we have already collected payment from you) refund you the purchase price of the products.  

3.4 If products are unavailable
Goods are subject to availability and prevailing market conditions and, therefore, it is possible that some products you order may become unavailable following the confirmation of your order.   In such circumstances, you will be refunded the price for the products that are unavailable at the point of delivery.  

3.5 Your order number
We will assign an order number to your order and confirm this on the confirmation email we send to you following our processing of your order.  It will help us if you can tell us the order number whenever you contact us about your order.

4.Delivery Services

4.1 Is there a minimum order value?
For orders intended for delivery, we operate a minimum order value of £100 (exclusive of VAT).

4.2 Is there a maximum amount I can order?
For the delivery services, to help ensure our products are available to all our customers, you will be unable to order more than 5 of any particular product. We are also restricting orders to a maximum of £500 (exclusive of VAT).

4.3 Where will we deliver the products to?  
We will deliver to the front door of your house.  With the social distancing measures currently being adopted by our business, unfortunately our drivers will be unable to assist with moving the products into your home where they are invited to do so or with unpacking the products.  
If you live in a block of flats, our driver will deliver to the communal entrance at ground floor level. As our vehicles do not currently carry the appropriate manual handling equipment, our drivers will not be able to deliver where they would be required to climb a flight of stairs (five or more steps).  
Our driver will, where possible, try to call when he is nearing the delivery address and to provide you with an estimated time of arrival – please ensure someone is available to collect the products at the point of delivery.  If you are collecting the products in a communal area, please note that our driver may require seeing a photo ID before releasing the order.  
 
4.4 When will the order be delivered?
At the point of ordering online, you will be asked to confirm the desired delivery date from those that are available.  We will endeavour to deliver the products between the hours of 8am and 7pm to the home address you have provided.  If our driver is delayed or, for any reason, we cannot complete your delivery on the delivery date assigned (for example, due to a vehicle break down) we will contact you to inform you that your order will be cancelled and to advise you how you can place a new order.

4.5 If you miss the delivery?
If you are out when our driver attempts the delivery, our driver will return the order to the depot and we will cancel and refund the value of your order.  We will leave a “Sorry we Missed You” card to advise you that we tried to attempt delivery. The card will contain a phone number and invoice number to quote if you wish to contact us.  Please note that we will be unable to leave the products at a safe place given the perishable nature of the products and we reserve the right to deduct a cancellation fee of £20 in these circumstances to cover the cost of the failed delivery.  If you wish to replace your order, please return to our website at www.brakesfoodshop.co.uk and resubmit your order. 

4.6 Delivery Restrictions
 
At the point of your order, please advise of any delivery restrictions, for example, access roads to the property that may be unsuitable for commercial vehicles, including vehicle height, weight or width restrictions.  Please ensure that you answer any questions asked by our customer sales agent or on our website regarding delivery restrictions accurately as it may determine our ability to deliver to your property.  For example, as our vehicles do not currently carry the appropriate manual handling equipment our drivers will not be able to deliver where they would be required to climb a flight of stairs.  Our delivery driver will undertake a risk assessment when making the delivery and consider any such delivery restrictions or any potential safety issues, such as the width and condition of stairs and the suitability of the access roads to the property.  If, for any reason, the driver does not consider it to be safe to complete the order, the driver will return the order to the depot and we will attempt to contact you to inform you of the failed delivery.  In such circumstances, we will refund the purchase price of the order. 

4.7 What if my delivery has not arrived between the hours of 8am and 7pm on the allocated day Please call our Customer Care team on 0344 412 9985.  

5.Our products

5.1 Products are not intended for resale 
The products are not supplied by us for the purposes of resale, and are only supplied for your own use as a consumer.  Furthermore, many of our products are labelled in a way that allows the product to be sold in a case, but not split and sold or otherwise distributed as individual items. We reserve the right to refuse orders including those we consider are for commercial or non-domestic purposes.  Where products are used for non-domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.  Please also note that if the products are moved outside of the UK we make no warranty that the products are suitable for use outside the UK.  The products are provided as compliant with technical, safety, labelling and other legal requirements in the UK only.  

5.2 Product and allergen Information
Whilst we take care to ensure that recipe and additional nutritional information appearing on our website and in our brochures are correct at the time when the information was published, the information appearing on our website and in our brochures at any time may not reflect the true position at the moment you place an order.  Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.  
Important information: as some of our products are sold in a case (that contains individual products), the product information may be included on the outer case but not the individual products that appear in the case.  In such circumstances, please ensure that you or anyone in your household or with whom you share the products, consults the product information appearing on the case.

5.3 You should always read the product label to ensure you are following the most up-to-date information.  This is especially important if you have an allergy or intolerance.  Allergen information can be found highlighted in the ingredients list on the back of pack.

5.4 Products may vary slightly from their pictures
The images of the products in our brochures and on our website are for illustrative purposes only. Your product may vary slightly from those images. The packaging of the products may also vary from that shown in images on our website or in our catalogue or brochures. 

5.5 When you become responsible for the product
The product will be your responsibility from the time our driver completes the delivery to you.

5.6 When you own the products
 You own the products once we have received payment in full and the products have been delivered to you.

5.7 Storing food products
Food products are supplied at the temperature appropriate to that food.  Products will be delivered in good condition and we cannot accept responsibility where they have been inappropriately stored or handled following delivery.

6.Your rights to make changes

6.1 Amending your order
Once an order has been placed, amendments can only be made up to 48 hours prior to the day of delivery.  Please note that orders cancelled within 48 hours of the day of delivery may attract a cancellation fee of £20 as we will have started to process your order and incur costs. 

7.Your rights to end the contract

​​​​​​​7.1 What happens if you have good reason to cancel your order
If you are cancelling your order for a reason set out at (a) to (f) below the contract will end immediately, your order will be cancelled and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about a change to these terms which you do not agree to;
(b) we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
(c) there is a material delay in when the products are available for delivery, because of events outside our control;
(d) the products have not arrived during the delivery slot that you have been assigned and you have not subsequently taken delivery of the order; 
(e) we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons; or
(f) you have a legal right to end the contract because of something we have done wrong.

7.2 What happens if you cancel your order without a good reason
If you are not cancelling your order for one of the reasons set out in clause 7.1, then we will refund the purchase price of the products; however, we reserve the right to charge a cancellation fee of £20 which will be deducted from the refund. 

7.3 Our rights to terminate your order
We may terminate your order in the following circumstances: 
(a)you do not make any payment to us or we are unable to collect payment from you;
(b)if you are out when our driver attempts the delivery; 
(c)you have provided inaccurate information about any delivery restrictions; or
(d)when attempting the delivery our driver determines that for any reason it is unsafe to complete the delivery.

In such circumstances, although you will receive a refund of the purchase price of the products, we reserve the right to retain a cancellation fee as detailed in paragraph 7.2.

8.If there is a problem with the product

8.1 How to tell us about problems
If you have any questions or complaints about the products, please contact us. You can telephone our consumer service team on 0344 412 9985 or write to us at or to Enterprise House, Eureka Business Park, Ashford, Kent TN25 4AG. 
Please note that if a product is not of satisfactory quality or you wish to exercise any other legal right to reject a product you may be required to return the products being rejected; this will be confirmed by our Customer Care team.  Where you are requested to post them back to us we will pay the cost of postage.  Please note that, given the perishable nature of our products, please contact our Customer Service team about any issues that are reasonably visible on inspection within 24 hours of their delivery.  Any shortages must be identified at the point of delivery and notified to our driver.

9.Price and payment

9.1 Where to find the price for the product
The price of the product will be the price set out in our price list in force at the date of your order and reflected on our website at www.brakefoodshop.co.uk.  The total sum payable by you (inclusive of any VAT) will be confirmed in your online basket at the point of you placing your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 9.2 for what happens if we discover an error in the price of the product you order. 

9.2 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Where 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 terminate the order. 

9.3 When you must pay and how you must pay. We accept payment by most major credit and debit cards (with the exception of American Express) with payment being taken online at the point of order. 

10. Our responsibility for loss or damage suffered by you

10.1 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, except as set out in clause 10.2 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.

10.2 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, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods.

10.3 We are not liable for business losses
We only supply the products under our Brakes Food Shop delivery service for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.4 Total liability
Other than in the circumstances outlined in paragraph 10.2, our total liability to you will not exceed the value of any order. 

​​​​​​​11.How we may use your personal information

11.1 We will only use your personal information as set out in our Privacy Policy.  A copy of our Privacy Policy can be found on our website. 

12. Other important terms

12.1 Our services
We reserve the right to amend or terminate the availability of delivery services at any time and without notice.  

12.2 Amending our terms: We reserve the right to amend these Terms from time to time by posting updated versions on our website, so please do refer back to these Terms each time you place an order.

12.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 

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

12.5 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.

12.6 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.

12.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

12.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.