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- © 2022 The Modern Milkman
- Terms & Conditions
- Privacy
- Terms & Conditions
- Privacy
- © 2022 The Modern Milkman
Effective as of 16 March 2022
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Please read the following important Terms carefully and check that you agree with them before you place an order on our online shop. You must be at least 18 years old to create an account with us and buy goods in our online shop. By selecting the “Create my account” button, you confirm that you are at least 18 years old and agree to these Terms, and agree to enter into a legally binding agreement with us. If you do not agree to these Terms, do not register for an account with us or buy any products in our online shop. Each order you place in our online shop will be governed by these Terms. |
If you would like these Terms in another format (for example: audio, large print) please contact us using the contact details at the top of this page.
Contents
You can either scroll down to read these Terms in their entirety (which we recommend you do), or click on one of the links below to go straight to the section you are interested in.
Who we are. When we say we, us or our, we mean Modern Milkman Ltd, a company registered in England and Wales under company number 11639509. We operate the Modern Milkman website at https://themodernmilkman.co.uk, including as optimised for use in internet browsers (Website), and on mobile devices with the Modern Milkman mobile app (App). Our registered office is at 13 New Market Street, Colne, Lancashire, BB8 9BJ. Our main trading address is at our registered office. Our VAT number is 327654584.
How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think our Products are faulty or misdescribed, or wish to end your contract with us, you can contact us:
How we may contact you. If we have to contact you we will do so by e-mail, text, or post using the contact details you have provided to us.
What these Terms cover. These are the terms and conditions (Terms) on which we supply to you our:
For ease of reference, we will collectively refer to all of the above goods, services and digital content as Products. In addition, these Terms cover conditions that apply to our ‘Refer a Friend’ programs (see clause 11, Refer a Friend Programs).
Why you should read these Terms. These Terms set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Please read these Terms carefully and make sure that you understand them, before signing up for an account with us on our Website or App (Account) and using any of our Products. We will ask you to agree to these Terms before you create an Account. You should retain a copy of these Terms for future reference.
Language of these Terms. These Terms are only available in English. No other languages will apply to our Products.
You must register to use our Products. You can access our Shop on our Website and on our App. You can download our App from Apple App Store (for iOS mobile devices) or from Google Play (for Android mobile devices) (App Platform). You must have an Account with us to use our App and to order any goods from our Shop on our Website or our App. In order to create an Account, you must complete the sign-up process on our Website or on our App. You must use accurate information, including your first and last name, email address, phone number, delivery address, delivery instructions and your chosen secure password. If your details change after registration, you must let us know or update them on our Website or on our App. You must keep details of your Account (including your password) secure and not share them with anyone else. You must not allow others to use your Account.
Duration of the contract. When you agree to these Terms and create an Account with us, a legally enforceable contract between you and us will come into existence. That contract will continue indefinitely, unless you end it in accordance with clause 12 (Your rights to end the contract), or we end it in accordance with clause 13 (Our rights to suspend or end this contract).
Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our Products. Such changes shall take effect on the date specified in any email to you notifying you of an update, or at the time the revised Terms are posted (whichever is the earlier). If you choose not to accept the new terms, you can close your Account and end your contract with us as described in clause 12 (Your rights to end the contract).
Our Privacy Notice. Under data protection legislation, we are the data controller of your personal data processed through our Website and App, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice. It is important that you read that information.
You must be at least 18 years old. You must be at least 18 years old to create an Account on our Website or App and buy our Goods in our Shop.
You may only buy Goods in our Shop for non-business reasons. You may only buy goods in our Shop for your private purposes (that is purposes which are wholly or mainly outside your trade, business, craft or profession). You may not purchase any Goods from our Shop for the purpose of resale.
Delivery restrictions. We can only deliver orders to certain areas in the United Kingdom. To find out if we deliver in your area, use our postcode checker on our Website. If we do not cover your area, you will not be able to create an Account with us. We may add or remove delivery areas as we, in our complete discretion, see fit. If we cease to service a particular area in which you order our Goods, then we will notify you in advance in accordance with clause 7.10.
Repeat Weekly Order and One Time Orders.
How to place an order in our Shop. To place an order in our Shop on our Website or App you need to take the following steps:
How to make changes to your order before placing it. Please check your order carefully before submitting it. If you need to cancel your order or correct any errors in your order before submitting it to us, you can do so using the buttons available on screen during the ordering process. For information on cancelling and changing orders once submitted to us, please see clause 6 (Cancelling or changing your order).
Order acknowledgement and acceptance. When you place your order at the end of the online checkout process, we will acknowledge it on screen, followed by an email. This acknowledgement does not mean that your order has been accepted. We will only accept your order when we email you to confirm this. At this point, a legally binding contract will be in place between you and us in respect of that order.
If we cannot accept your order. If we are unable to accept your order, we will email you to inform you about it, and no contract between us will come into force. This might be, for example, because: the goods are unavailable; the milkman serving your area is not available; we cannot authorise your payment; or there has been a mistake on the pricing or description of the goods. If we do not accept your order, we will refund your payment for your order by the method you used for payment within 48 hours.
How to change your Repeat Weekly Order: You can make changes to your Repeat Weekly Order(s) at any time up to 8pm on the day prior to the scheduled delivery day.You can view details of your orders and make changes to your orders online within your Account on our Website or App.
How to cancel your Repeat Weekly Order. You can cancel your order(s) up to 72 hours prior to your scheduled billing date. You can view details of your scheduled billing date online within your Account on our Website or App. You must contact us by our online chat function if you want to cancel your Order(s)
How to change your One Time Order: You can make changes to your One Time Order at any time up to 8pm on the day prior to the scheduled delivery day. You can view details of your orders and make changes to your orders online within your Account on our Website or App.
Pausing your active orders. You can temporarily suspend (up to a maximum of four weeks) your Repeat Weekly Order within your Account area on our Website or App at any time up to 8pm on the day prior to the scheduled delivery day. Your Repeat Weekly Order will be automatically reactivated at the end of the suspension period set by you. When your Repeat Weekly Order is paused in accordance with this clause 6.4, we will not charge you in respect of Goods not delivered to you within the suspension period.
The effect of cancelling or changing your order. If, in accordance with clauses 6.1 - 6.3, you:
(1) any payments received from you in respect of any cancelled Goods will be credited to your Account; and
(2) the prices charged for any new Goods added by you to your existing order will be the prices applicable to the Goods at the time when you submit changes to your original order, as displayed in our Shop, which may be higher or lower than the prices that applied to your original order.
In each case, we will send you an email confirming the cancellations or changes you make to your order.
Delivery costs. The cost of delivery will be added to the price of Goods and will be as shown when you are placing your order.
Delivery address and instructions.
Delivery frequency and days. When selecting Goods in our Shop (see clause 5.2 (How to place an order in our Shop)), you can choose from the options displayed in our Shop to specify how often (e.g. weekly) and on which days of the week (e.g. Mondays and Fridays) you wish us to deliver each of the Goods included in your order. The choice of delivery days and frequency may vary in different geographical areas we cover.
Delivery time. Your local milkman will usually deliver your orders before 7.30am, but this time is only an estimate, and we cannot guarantee that your order will be delivered by that time.
If we cannot supply the goods you paid for. If we cannot supply you with the Goods that you ordered and already paid for (for example, if we run out of stock required to fulfil your Repeat Weekly Order):
Please see clause 6 (Cancelling or changing your order) for further information on cancelling orders, pausing orders and credits to your Account.
We may withdraw the product. We reserve the right to discontinue a product in our product range. If that change affects your active order, we will let you know at least seven days before withdrawing that product, and:
If it is not possible to offer you an alternative product, or if you choose a refund, our contract with you for the supply of that product will end, and we will make the refund as soon as possible and in any event within 14 days.
Delays and events outside our control. If our supply of the Goods is delayed or prevented by an event outside our control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay or event preventing delivery. Provided we notify you of such delay or non delivery, we will not be liable for delays or failure to deliver caused by the event, but if there is a risk of substantial delay or we inform you that we are not able (in our discretion) to work around the event preventing delivery, then either we or you may end the contract upon written notice and you will receive credit to your Account for any Goods you have paid for but not received. Events outside our control include (but are not limited to) bad weather, fire, flood, hostilities and civil disturbance that may affect the safety of our drivers or delivery of our products, acts of government or other authorities and labour disputes.
Completion of delivery. Delivery of the Goods will take place when our delivery provider delivers them to the address that you gave to us and leaves your order on your doorstep (or another place as per your delivery instructions).
Responsibility for the Goods. We are responsible for the Goods until they are delivered to you. You are responsible for the Goods once delivery has taken place (as set out in clause 7.8 above). In other words, the risk in the Goods passes to you when they are delivered to you.
Changes to the areas and days we cover. We reserve the right to cease delivering in your area or change the days of deliveries in your area. We will give you at least 14 days’ notice of any change by sending you an email with details of the change, except this notice period may be shorter where clause 7.7 applies.
(1) delivery days for your active orders will be changed to the new weekdays at the end of the 14 days’ notice period; and
(2) if you choose not to accept the new delivery days, you can cancel your orders as described in clause 6.2 (How to cancel your Repeat Weekly order).
In each case, we will send you an email confirming the cancellations or changes you make to your order.
Your legal rights if we deliver goods late.
Contact us if you believe we have not delivered Goods.
You must notify us if you believe we have not delivered your Goods, as soon as possible (in any event within 3 days of the scheduled delivery), so we can rectify matters. In the event that we have failed to deliver the Goods, then we will arrange redelivery or credit at your Account.
Our App and Website are free. You only have to pay us when purchasing Goods in our Shop, which you can access on our Website (including when optimised for mobile devices) and App. Our Website is free to use, and our App is free to download and use.
Where to find the price for a product in our Shop. The price of the product and delivery charges will be as indicated on the order pages when you place your order for the Goods in our Shop. Please see clause 6.5 (The effect of cancelling or changing your order) for the effect of making changes to your existing orders on the price you pay for the Goods.
What is included in the price of Goods. The price of the Goods:
How to pay. We accept the following methods of payment: credit cards and debit cards as listed on our Shop pages at the time when you place your orders; and our discount codes. The method of payment available to you depends on the type of order you place in our Shop:
For information on cancelling or changing your orders and refunds following such changes, please see clause 6 (Cancelling or changing your order).
Discount codes. We may from time to time make available to you a discount code to reduce the total price you must pay to us for your order. To benefit from your discount code, you need to apply it during the ordering process before completing your order.
Payment failures. If you place an order with us:
We may increase our prices. We may vary the prices of our products or product ranges from time to time. If a proposed increase in price affects your existing Repeat Weekly Order, we will give you at least 7 days’ notice by sending you an email with details of the change. The new price will come into effect at the end of that 7 days’ period. If you choose not to accept the price increase, you can cancel your order as described in clause 6.2 (How to cancel your Repeat Weekly Order).
What happens if we got the price wrong. We take reasonable care to ensure that the price of the product displayed is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.
If you receive the Goods before you pay. If your payment is not received by us and you have already received the Goods, we will add that payment to your next invoice.
Security of electronic payments. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer or mobile device.
Your statutory rights. We are under a legal duty to supply products that are in conformity with your contract with us.
If you think that any of the products you have received are not as described, are not of satisfactory quality, or are otherwise faulty or defective, then please let us know by contacting us using one of the contact methods set out in clause 1.2 (How to contact us).
Products may vary slightly from their pictures. The images of the products in our Shop on our Website or App 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 products. Your Goods may vary slightly from those images.
Product packaging may vary. The packaging of the goods may be different from that shown in our Shop on our Website or App.
Discounted Goods. Any Goods sold: at discount prices; as remnants; or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
If there is a problem with the Goods. If you have any questions or complaints about the Goods, please contact us using one of the contact methods set out in clause 1.2 (How to contact us). This includes, if you want:
If you wish to exercise the above rights, we may ask you to provide evidence that the Goods do not meet the legal requirements (see clause 9.1 (Your statutory rights)).
Your obligation to return rejected Goods. If you inform us that you wish to exercise your legal rights to reject Goods (see clause 9.5 above), you must make them available for collection by us on the next delivery day in your area, as instructed by us, unless we inform you that it is not necessary on the occasion.
Fair wear and tear. Your rights under this clause 9 do not apply to faults, which result from fair wear and tear.
Refunds. When you exercise your right to reject the goods and get a refund, and we agree that you are entitled to a refund, we will reimburse the total price you paid for the product including (where applicable) recurring weekly charges. When you exercise your right to price reduction, we will refund to you the difference between the price you paid for the product and the reduced price.
Deductions from reimbursements. Where a product is reasonably expected to last more than six months, and you reject that product after the first six months after delivery, we may reduce the reimbursement amount by a deduction for use, to take account of the use you have had of the Goods in the period since they were delivered.
How we will make the reimbursement. We will make the reimbursement by crediting your Account, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
When we will make the reimbursement. We will make the reimbursement without undue delay, and not later than within 14 days beginning with the day on which we agree that you are entitled to a reimbursement.
Operating system requirements. Our App requires a mobile device with a minimum of 69.7 MB of memory, and any version of iOS operating system fully supported by Apple or any version of Android operating system fully supported by Google.
App permissions. Our App may request the following device access permissions:
Updates to the App may automatically add additional capabilities within each group of permissions.
You can change your permissions preferences at any time at the settings menu of your mobile device. If you do not grant or disable a permission, certain functionalities of our App or our Shop may not be available.
Platform Terms. These Terms are a legal contract between you and us. Operators of the App Platforms where our App is available for downloading (Apple App Store for iOS mobile devices, and from Google Play for Android mobile devices) are not part of that contract. However, if you download our App from an App Platform, the ways in which you can use the App and Our Product will also be controlled by the terms and conditions of that App Platform, which are a contract between you and your App Platform operator. In the event of any conflict between a provision of our Terms and the terms of an App Platform, the relevant provisions in our Terms will prevail.
How you may use our App. In return for your agreeing to comply with these Terms, and subject to the rules and restrictions set out in clause 10.6 (Prohibited actions), clause 10.7 (Acceptable use restrictions), and other provisions of these Terms, you may:
How you may use our Website. In return for your agreeing to comply with these Terms, and subject to the rules and restrictions set out in clause 10.6 (Prohibited actions), clause 10.7 (Acceptable use restrictions), and other provisions of these Terms, you may: view pages from our Website in a web browser; download pages from our Website for caching in a web browser; print pages from our Website; stream audio and video files from our Website; and use our Website services by means of a web browser.
Prohibited actions. You agree that you will:
Acceptable use restrictions. You must not (or permit or assist others to):
You may not transfer our App to someone else. We are giving you personally the right to use our App. Whilst you may have sharing rights as set out above, you may not otherwise transfer your right to use our App to someone else, whether for money, for anything else or for free. If you sell any device on which our App is installed, you must remove our App from it.
We do not guarantee availability of our Website or App. We will use reasonable skill and care to provide our Website and App to you and to keep them safe, secure and error-free but we do not promise that your use of our Website or App will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our Website and App to you but we do not guarantee 100% availability. For example, our Website and/or App may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
Updates to our App. From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system, address security issues or implement new versions of our App. Alternatively, we may ask you to update our App for these reasons or make such update available to you. You may be able to manage your App update preferences in your App Platform settings or your device settings. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
Third party products. Our App and Website may allow you to access, use or interact with third party apps, websites, content or other products or services. For example, you may choose to use the third party data backup service integrated with our App, or interact with a content share button on our App or Website. Please note that:
You are responsible for third party fees. You are responsible for:
Our referral programs. We may from time to time offer rewards in exchange for recommending us to your friend who makes a purchase in our Shop. The details of each such program will be set out on the relevant page on Website or App. This clause 11 applies to all such programs in addition to the specific referral program terms set out on our Website or App.
Our terms that apply to all referral programs.
(1) not contact or share any information (for example, a referral link or code) with any person you do not personally know;
(2) not send any spams, or undertake any bulk messaging or auto messaging;
(3) not request personal data from any person who is less than 18 years old, or display, reference, “tag”, or otherwise identify anyone who is less than 18 years old;
(4) not engage in any practices or communications which are misleading, offensive, deceptive, harmful, fraudulent, threatening, intimidating, abusive, harassing, anti-social, menacing, hateful, racially or ethnically offensive, discriminatory, inflammatory, cause annoyance or needles anxiety to any person, are libelous or maliciously false, obscene, suggestive or sexually explicit;
(5) comply with all requests to stop communications about our referral program; and
(6) if you share your referral code or link or otherwise promote us on any social media, you must comply with the terms and conditions and the applicable policies of the relevant social media platform.
Mention Me terms. Our referral programs are run by our partner, Mention Me. To take part in our referral program, you will need to register with Mention Me. By registering with Mention Me, you agree to be bound by Mention Me’s terms and condition which are a legal contract between you and Mention Me. You can find a copy of Mention Me terms and conditions here. We are not a party to that contract, and will not be responsible to you or any other person for Mention Me failing to comply with their obligations under that contract. The Mention Me terms will apply to you in addition to this clause 11 and any other specific referral program terms set out on our Website or App.
Closing your Account. You can close your Account and end the contract with us any time. If you wish to do so and:
By closing your Account, any existing credit on your Account will remain valid for 3 months from the date of your Account closure. After this date, any unused credit will be forfeited.
You may cancel your active orders. You may cancel your active orders as described in clause 6 (Cancelling or changing your order).
You may end this contract if what you have bought is faulty or misdescribed. For details, please see clause 9 (Your rights if there is a problem with the product).
Ending your contract because of something we have done or are going to do. If you are ending a contract with us for a reason set out at sub-clauses (a) to (b) below, the contract will end immediately and we will refund you in full for any products which have not been provided, but have been paid for. The reasons are:
We may end your contract with us if you break it. We may end your contract with us at any time by writing to you if you break it in a serious way. For example:
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1:
Other reasons for ending the contract.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; where section 31(1) if the Consumer Rights Act 2015 does not permit us to exclude or limit liability (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;); for defective products under the Consumer Protection Act 1987; or for any other matter which we may not exclude as a matter of law.
Limits to our liability. Subject to clause 14.1 above, we are not legally responsible for:
(1) were not foreseeable to you and us when the contract was formed; or
(2) were not caused by any breach on our part; or
(3) it would have been reasonable to expect you to limit.
Losses caused by defective digital content. If defective digital content which we have supplied (for example, our Website or App) 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 compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Our copyright. Copyright © 2019 – 2020 Modern Milkman Ltd.
Our trade marks. Modern Milkman, our logos and our other trade marks are trade marks belonging to us or our licensors. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
You do not own our Products. All intellectual property rights in our Products throughout the world belong to us (or our licensors) and the rights in our Products are licensed (not sold) to you.
Your rights are limited to use. You have no intellectual property rights in, or to, our Products other than the right to use them in accordance with these Terms. Any goodwill derived from the use by you of our intellectual property rights will accrue to us or our licensors.
Proprietary marks and notices. You must not remove any trade marks, service marks, labels or other legal or proprietary notices included in our Products, or attempt to modify any content obtained through our Products, including any modification for the purpose of disguising or changing any indications of the ownership or source of those Products.
We may transfer this contract to someone else. We may transfer our rights and obligations under a contract entered with you under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
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.
If a court finds part of these Terms 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 or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Disputes.
Which laws apply to this contract and where you may bring legal proceedings. Our Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
In these Terms:
