1. Information About Us
1.1 These are the website terms and conditions of Made in Oldstead Ltd., trading as “Made in Oldstead” in the UK.
1.2 We operate the website www.madeinoldstead.co.uk (the “Website”).
1.4 These Terms and Conditions were most recently updated on 24 September 2021 and apply to sales to consumers.
1.5 If you use or order Products after we have published any changes, you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms and conditions applicable to your Purchase.
1.6 You should print a copy of these terms and conditions for future reference.
1.7 In these terms and conditions the words “we”, “us” and “our” and similar expressions refer to Made In Oldstead.
2. Service Availability
2.1 Our Website is only intended for use by people residing in the United Kingdom of Great Britain, but excluding Northern Ireland (“Serviced Countries”). Unfortunately, we cannot accept orders from outside of these Serviced Countries at this time, or from certain postcodes in the Scottish Borders, Highlands and Islands as detailed in these terms and conditions on our Website.
3. Your Status
3.1 By placing an order through our Website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are a resident in one of the Serviced Counties; and
3.1.4 you are accessing our Website from that country
4. Purchase Contract
4.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an email from us acknowledging that we have received your order. Completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you. After the Contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via email and/or SMS message as applicable from our third-party couriers.
4.2 We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order that includes alcohol, you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.
4.3 In the event that a Product is unavailable when you place your order, we shall contact you to arrange replacement, or another arrangement for the completion of your order.
4.4 We reserve the right not to accept any offer.
4.5 All Products offered are subject to availability.
5. Our Products
5.1 The images of Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our website and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our Website.
5.2 You are responsible for opening and inspecting the Products upon delivery and storing them correctly. You are also responsible for the preparation of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
5.3 Our recipe cards direct you to our Website which includes details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third-party suppliers who are responsible for labelling their ingredients correctly. While we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third-party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.
5.4 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable alternative. It is our policy to notify you of any substitute items via email prior to delivery where possible. If you are not happy with any substitution, please contact our customer care team via the various methods detailed on our Website.
5.5 We offer our Products at different prices which may change monthly. Please see our Website to view the most recent prices.
6.1 If you have any questions regarding our delivery locations, please contact our customer care team via the various methods detailed on our Website.
6.2 Made In Oldstead is unable to deliver to a number of postcodes, please check our website for further details.
6.3 Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your Product/s at any point on the day of delivery set out in the dispatch confirmation.
6.4 If our supply of Products is delayed by an event outside of our control we will attempt to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We are not liable for delays caused by the event, but if there is a risk of a substantial delay you may end the contract and receive a refund for any Products you have paid for but not received.
6.5 Delivery will be completed when our third-party courier delivers the Products to the address you supplied. If no one is available at your address to take delivery, our authorised third-party courier will follow delivery instructions provided to us by you. If no leave safe instructions have been provided, the order will be left in an area that the third-party courier deems safe.
6.6 The leave safe location specified by you must be within the area of the delivery address and be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
6.7 If 6.5 and 6.6 are unable to be followed, our third-party courier may also deliver to a nearby household or business. A household or business is regarded ‘nearby’ if the recipient resides in the same building as the original addresses. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, or a next-door building). All aforementioned instances are referred to as “neighbours.”
6.8 The customer will be notified of such delivery to a neighbour or safe place via SMS or email.
6.9 If neither a personal handover, safe place, or delivery to neighbour is possible, our third-party courier reserves the right not to deliver the order and you will be in default of acceptance.
6.10 Made in Oldstead reserves the right to change your delivery date with prior notice.
6.11 We cannot offer in-person collection. This includes from The Black Swan at Oldstead or Roots York restaurants.
6.12 If we have left Products in your safe place, or another place deemed safe by our third-party courier, and they are stolen or damaged, we do not accept liability, but may offer a refund or other compensation at the complete discretion of our customer care team.
6.13 The costs of delivery will be displayed to you on our Website, except in the case of our food box items, whereby the prices shown include delivery.
6.14 Once the delivery is completed, the risk of any damage or loss of the box will be with the customer. Made In Oldstead shall not be held liable for any damage, defect or loss which may occur thereafter.
6.15 You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Made In Oldstead is not obliged to review the safe spot as to its general suitability.
6.16 Refusal of the box does not negate the charge for purchasing a Product. Made In Oldstead will not be liable for any losses sustained by the customer relating to a refusal of delivery by our third-party courier.
7. Prices and Payments
7.1 All Prices listed on our Website are inclusive of UK VAT where applicable.
7.2 Although we endeavour to ensure that all pricing information on this website is accurate, occasionally an error may occur and Products may be priced incorrectly. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.
7.3 We reserve the right to adjust prices, offers, Products and specifications of Products at our discretion at any time before we accept your order. Where an end date is specified on any offer on the website, it is intended as a guide only. Made In Oldstead reserves the right to change prices at any time.
7.4 Payment for Products must be by credit or debit card. We accept payments via Visa and Mastercard, Apple Pay and Google Pay.
7.5 We do not accept payment via Amex or PayPal.
8. Our Returns and Refunds Policy
8.1 If you are unhappy with a Made In Oldstead food box for a legitimate reason such as: the box was missing ingredients, the box was damaged or the box did not arrive, we will offer an appropriate refund or compensation as long as it can be shown that the box you were charged for was not supplied as it should have been.
8.2 As most of our Products contain fresh and perishable items, you are not entitled to the regular rights of consumers to‘ return goods within 14 days’ after you receive them. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly.
8.3 If your Product is non-perishable (e.g. our bottled cocktails, aprons or cookbooks), for your Product to be eligible for return, your Product must be unused and in the same condition that you received it.
8.4 To return your Product, you should mail it to: Made in Oldstead, Oldstead Grange, Oldstead, YORK, YO61 4BJ, United Kingdom.
8.5 You are responsible for paying for your own shipping costs for returning your Product. If you are shipping a Product over £20, you should consider using a trackable shipping service or purchasing shipping insurance. We do not accept liability for any Product that does not return to us.
9. Vouchers and Gift Vouchers
9.1 We may offer gift vouchers, discount promotions and other types of voucher (“Voucher”) to be used to purchase Products on our Website. If paid for, the Voucher is deemed to have been sold at the time of payment for it.
9.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form without our prior written approval.
9.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid gift voucher) for any reason at any time.
9.4 Vouchers may only be redeemed through our Website and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
9.5 We reserve the right to exclude the use of Voucher codes on specific products, including (but not limited to) the purchase of gift vouchers.
9.6 We reserve the right to cancel Vouchers at any time. We also reserve the right to reject Voucher codes if we suspect any fraud.
10. Competitions and Giveaways
10.1 Made in Oldstead may promote competitions or giveaways from time to time. In the event of any conflict or inconsistency with any other terms and conditions or communications for Made In Oldstead competitions, the specific terms and conditions will prevail. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.
10.2 Promotions, giveaways and competitions (collectively “Prize Promotions”) are valid for UK residents only excluding Scottish Highlands, Islands and Borders. Entrants must be aged 18 years or over, excluding employees and their immediate families (spouse, parent, child, sibling, grandparent and/or “step” family), of The Promoter, associated agents or anyone professionally connected with the prize promotion.
10.3 Winner Selection / notification: Prize draw winner(s) will be randomly selected by a computerised random generator from all entries. Skills based entries shall be judged based on the judging criteria as set out in the promotion.
10.4 Winner Notification: Where notification is required, the winner/s will be notified via direct message on the platform they have entered through within 14 days of the closing date. The winner/s will only be contacted via our official platform pages.
10.5 Our decision is final and binding.
10.6 Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prizes are not transferable and cannot be resold.
10.7 We reserve the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
10.8 We reserve the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
10.9 We will never ask for personal details such as credit card information, nor ask you to pay for or supply any personal financial information.
10.10 You agree that if you are a winner, you will take part in and cooperate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.
10.11 We reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.
10.12 Data Protection: Any personal information that entrants share with Made In Oldstead will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from us. By entering the promotion, entrants agree that their information may be used by us to administer the promotion.
11.1 We warrant to you that any Product purchased from us through our Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. Our Liability
12.1 Subject to clause 12.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
12.2 Nothing in this agreement excludes or limits our liability for:
12.2.1 Death or personal injury caused by our negligence
12.2.2 Fraud or fraudulent misrepresentation
12.2.3 Any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979.
12.2.4 Defective products under the Consumer Product Act 1987; or
12.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude or liability.
13. Written Communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Transfer of Rights and Obligations
14.1 The Contract between you and us is binding on you and us.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Intellectual Property Rights
15.1 We are the owner or licensee of all intellectual property rights on our Website, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
15.2 You may print off one copy, and may download extract, of any pages from our Website for your personal reference. You must not use any part of our copyright material for commercial purposes without first obtaining a license or permission from us to do so.
15.3 If you post comments our Products to any Website, blog or social media network (“Commentary”) you must ensure that such commentary represents your fairly-held opinions. By purchasing our Products, you authorise us to quote from your commentary on our Website and in any advertising or social media outlets which we may create or contribute to.
16. Our right to amend these terms and conditions
16.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).