TERMS AND CONDITIONS

Effective as of 23rd August 2020

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.

 

Do you need extra help?

If you would like this contract 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.

  1. Who we are and how to contact us
  2. About these Terms
  3. Your privacy
  4. Use and delivery restrictions
  5. Our Shop: Repeat Weekly Order and One Time Orders
  6. Cancelling or changing your order
  7. Delivery
  8. Price and payment
  9. Your rights if there is a problem with a product
  10. Our mobile App and Website
  11. ’Refer a Friend’ programs
  12. Your rights to end the contract
  13. Our rights to end the contract
  14. Limit on our responsibility to you
  15. Intellectual Property Rights
  16. Other important terms
  17. Definitions used in these Terms

 

  1. WHO WE ARE AND HOW TO CONTACT US

    1. 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 Suite 14 Burton House, 2A Market Place, Colne, England, BB8 0HY. Our main trading address is at our registered office. Our VAT number is 327654584.

    2. 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:

      1. using the contact form available on our Website at: https://themodernmilkman.co.uk/contact-us/;
      2. using the chat feature available in our Website or App;
      3. by e-mail at [email protected];
      4. by calling our customer support team on 01282 861845;
      5. by post to the address set out in clause 1.1 above.

    3. 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.

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  3. ABOUT THESE TERMS

    1. What these Terms cover. These are the terms and conditions (Terms) on which we supply to you our:

      1. Website services and digital content;
      2. App services and digital content; and
      3. goods and repeat weekly order services available in our online shop, which you can access on our Website and on our App (Shop).

      4. 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).

    2. 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.

    3. Language of these Terms. These Terms are only available in English. No other languages will apply to our Products.

    4. 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.

    5. 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).

    6. 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. We will give you at least 30 days’ notice of any change by sending you an email with details of the change. The new terms will come into force at the end of that 30 days’ period. 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).

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  5. YOUR PRIVACY

    1. 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.

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  7. USE AND DELIVERY RESTRICTIONS

    1. 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.

    2. 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.

    3. 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.

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  9. OUR SHOP – REPEAT WEEKLY ORDER AND ONE TIME ORDERS

    1. Repeat Weekly Order and One Time Orders. You can:

      1. set up a Repeat Weekly Order for weekly deliveries of a product to you, whereby we make weekly deliveries of the product to you in the ordered quantities, on your chosen days (for example, Mondays and Fridays), and you make recurring weekly payments to us in respect of your order (Repeat Weekly Order) (see clause 8.4 (How to pay)). Your recurring weekly payment for your Repeat Weekly Order will continue indefinitely unless cancelled (see clause 6.1 (How to cancel or change your existing order)) or suspended (see clause 6.2 (Pausing your active orders)) in accordance with these Terms; and
      2. if you sign up to our Weekly Service, you can also purchase a product in our Shop on a one-off basis, whereby you make a one-off payment when placing your order, and we make a single delivery of that product to you, in the ordered quantity, on your selected delivery day (One Time Orders).

    2. 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:

      1. log into your Account and select the product you wish to buy;
      2. if you wish to receive recurring deliveries of a product, select “Weekly Service” and choose your required quantities and days of deliveries from the options available on the screen and use the buttons provided on the screen to add the product to your virtual shopping basket;
      3. if you have already signed up to receive a Repeat Weekly Order and wish to place a One Time Order for the product, select “One Time Order” and select your required quantity of the product and use the buttons provided on the screen to add the product to your virtual shopping basket;
      4. continue shopping for order products or proceed to the checkout;
      5. choose your start date (this will be the date on which we will make the first delivery under your Repeat Weekly Order and/or on which we will deliver your One Time Order);
      6. check the details of your orders to make sure that you are happy with them, and select the “Checkout button” to proceed to the payment screen;
      7. select your preferred method of payment (provide your payment card and billing information, or select saved card information); and
      8. select the “Pay” button to place and pay for your order.

    3. 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).

    4. 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.

    5. 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.

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  11. CANCELLING OR CHANGING YOUR ORDER

    1. How to cancel or change your existing order. You can cancel or make changes to your orders at any time up to 8pm on the day prior to the scheduled delivery day. You can view details of your orders, make changes to your orders, and cancel your orders (except milk) online within your Account on our Website or App. You must contact us if you want to cancel your milk delivery, or to change one type or milk to another (e.g. switch from whole to skimmed milk).

    2. 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 any time up to 8pm on the day prior to the scheduled delivery day. You rRepeat Weekly Order will get automatically reactivated at the end of the suspension period set by you. When your Repeat Weekly Order is paused in accordance with this clause 6.2, we will not charge you in respect of goods not delivered to you within the suspension period.

    3. The effect of cancelling or changing your order. If, in accordance with clause 6.1, you:

      1. cancel your Repeat Weekly Order or One Time Order, it will end that order, and all payments received from you in respect of supplies under that order that will not be made after the date of the cancellation will be credited to your Account; or
      2. make a change to your Repeat Weekly Order or One Time Order then:

        (1) any payments which you already made in respect of any cancelled items will be credited to your Account; and

        (2) the prices charged for any new items 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.

    4. Refunds. All refunds under clause 6.3 will be automatically credited to your Account. If you prefer us to refund that money to your payment card, please let us know by contacting us using one of the contact methods set out in clause 1.2 (How to contact us). All such refunds will be made:

      1. without undue delay, and no later than within seven days after we receive your request; and
      2. to your original method of payment (unless you expressly agree otherwise).
      3. In any event, you will not incur any fees as a result of the reimbursement.

    5. Your statutory cancellation rights.

      Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you buy goods online, you have the right to cancel your purchase without giving any reason within the cancellation period, and receive a refund. 

      In case of one-off sales, the cancellation period ends 14 days after the day on which the goods are delivered. If the contract is a sales contract for regular delivery of goods during a defined period of more than one day, the cancellation period ends at the end of the 14 days after the day on which the first of the goods are delivered.

      These rights are subject to certain exemptions. For example:

      the Regulations do not apply to contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace (such as supply of consumables by milkmen);

      the cancellation rights under the Regulations do not apply to the supply of goods which are liable to deteriorate or expire rapidly; and

      the cancellation rights under the Regulations cease to be available: if sealed goods which are not suitable for return due to health protection or hygiene reasons become unsealed after delivery; or if goods become inseparably mixed with other items after delivery.

      To meet the cancellation deadline, you must communicate your cancellation to us before the 14 days’ period has expired. If you wish, you can but do not have to use the model cancellation form below:

      To Modern Milkman,  Suite 14 Burton House, 2A Market Place, Colne, BB8 0HY, [email protected]  

      I hereby give notice that I cancel my contract of sale of the following goods:

      Ordered on [*] / received on [*]

      Name of consumer:

      Address of consumer:

      Signature of consumer (only if this form is notified on paper):

      Date:

      [*] Delete as appropriate


      For detailed information from Citizens Advice please visit https://www.citizensadvice.org.uk/ or call 03454 04 05 06.

       

      1. Nothing in these Terms affects your legal rights. Although most of our products fall under the above exclusions, you may have a statutory cancellation right in respect of an order, which does not fall under one of the exceptions set out above (for example, is not a consumable). You may also have other rights in law.
      2. If you cancel an order under this clause 6.5, we will reimburse to you all payments we receive from you in respect of that order. We may make a deduction from the reimbursement (excluding delivery costs) to reflect any reduction in the value of the goods caused by unnecessary handling by you in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to cover the loss in value of the goods. We will collect the goods from you at our cost. You must make them available for collection on the next delivery day in your area, as instructed by us. You must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any storage instructions provided on the product packaging) and not use them before we collect them from you.
        We will make the reimbursement without undue delay, and not later than: 14 days after the day we received back from you any goods supplied; or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

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  13. DELIVERY

    1. 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.

    2. Delivery address and instructions.

      1. Areas we cover. You can only place an order in our Shop if we cover your area (see clause 4.3 (Delivery restrictions)). Deliveries will be made to your address as registered in your Account (save as set out below).
      2. You must provide us with accurate information. You can add any specific, reasonable, delivery instructions to your Account on our Website or App (for example, “leave on the doorstep”). The address and any other information you provide to us must be accurate and complete. We will not be responsible for supplying the products 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, or by you giving us incorrect or incomplete information.
      3. If no one is available to take delivery. We make deliveries at night or in the early hours of the day. Because of that, we will leave your orders on your doorstep (or another place as per your delivery instructions). We will not check if you are at home or knock at your door and hand your order to you. For those reasons, if you are going to be away (for example, if you are going on holiday), you must cancel or suspend your order (see clause 6, Cancelling or changing your order). We will not be responsible if no one is available at your address at the time of delivery.
      4. If you change your address, you must update your details on your Account on our Website or App or let us know using one of the methods set out in clause 1.2 (How to contact us). Changing your address will result in cancellation of your active orders from the date of the address change (see clause 6.3(b) (The effect of cancelling or changing your order)). If your new address is in an area to which we deliver, you can place a new order to your new address. Otherwise, you can close your Account and end the contract with us (see clause 11.1 (Closing your Account)).

    3. 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 products included in your order. The choice of delivery days and frequency may vary in different geographical areas we cover.

    4. 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.

    5. 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):

      1. we will either deliver them to you with your next order after those goods become available or substitute them with alternative goods of equal or better standard and value;
      2. we will usually let you know if we intend to do this but this may not always be possible; and
      3. you can refuse to accept substitutes or deliveries with your next order by pausing or cancelling the unavailable item within your Account area on our Website or App, in which case we will credit the price of the unavailable paused or cancelled items to your Account.
      4. Please see clause 6 (Cancelling or changing your order) for further information on cancelling orders, pausing orders and refunds.

    6. 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:

      1. where possible, we will offer to substitute that product with an alternative product; and
      2. you can refuse to accept such substitutes, in which case we will offer you a refund.
      3. 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.

    7. Delays outside our control. If our supply of the products is delayed by an event outside our control, 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 products you have paid for but not received.

    8. 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 leave your order on your doorstep (or another place as per your delivery instructions).

    9. 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.

    10. 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.

      1. If we cease delivering in your area, this contract will automatically end at the expiry of that 14 days’ notice. We will refund to you any sums paid by you in relation to orders placed before the end of the contract, which will not be delivered to you after the contract ends.
      2. If we change the weekdays on which we deliver in your area, and this affects your active orders:

        (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 6.1 (How to cancel your existing order).

        In each case, we will send you an email confirming the cancellations or changes you make to your order.

    11. Your legal rights if we deliver goods late.

      1. What happens if we miss your delivery date. If we do not deliver your goods on the agreed day, we will deliver the missed order to you on your next scheduled delivery day. If you do not want us to do that, please contact us to cancel that redelivery. Please see clause 6 (Cancelling or changing your order) for information on cancelling orders.
      2. This does not affect your legal rights. We have summarised those rights below. If you prefer to set a different time for delivery or treat the contract as at an end and receive a refund, please let us know using one of the contact methods set out in clause 1.2 (How to contact us).
      3.  

        The Consumer Rights Act 2015:

        • Allows you to treat the contract as at an end if: we have refused to deliver the goods at the agreed time/period, and delivery within the agreed time/period was essential (taking into account all the relevant circumstances, or you told us before we accepted your order that delivery within the agreed time/period was essential. If you treat the contract as at an end, we must without undue delay reimburse all payments made in respect of that order.

        • In any other circumstances, you can specify a period that is appropriate in the circumstances and require us to deliver the goods before the end of that period. If you do, and we fail to deliver again, you may treat the contract as at an end, and we must without undue delay reimburse all payments made in respect of that order.

        • If you do not treat the contract as at an end, that does not prevent you from cancelling the order for any of the goods or rejecting goods that have been delivered, and we have to without delay reimburse all payments in respect of any goods for which you cancel the order or which you reject.

         

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  15. PRICE AND PAYMENT

    1. Our App and Website are free. You only have to pay us when purchasing products 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.

    2. 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 6.3(b) (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.

    3. What is included in the price of goods. The price of the goods:

      1. is in pounds sterling (£)(GBP);
      2. includes VAT at the applicable rate; and
      3. does not include the cost of delivering the goods to you by your local milkman, which will be displayed separately on the order page, and which you must pay in addition to the price of goods.

    4. 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:

      1. one-off payments can be made by a debit or credit card in conjunction with our discount code, if you have one, (see clause 5.2 (How to place an order in our Shop)). Your credit card or debit card will be charged when you place your order;
      2. recurring payments must be made using a recurring card payment facility. In order to set this up, you will need to enter your payment card details on the payment section of our Shop during the ordering process (see clause 5.2 (How to place an order in our Shop)). Once your Repeat Weekly Order is placed, we will send you an email confirming details of the order, including the weekly amount to be charged to your card and the day of the week on which we will charge that amount. You can also view this information and change your payment card details, at any time, in your Account on our Website or App.
      3. For information on cancelling or changing your orders and refunds following such changes, please see clause 6 (Cancelling or changing your order).

    5. 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.

    6. Payment failures. If you place an order with us:

      1. We may automatically update your payment card details. We may use a secure payment card update service provided by Visa and Mastercard in order to minimise the risk of a failed payment due to expired, lost, stolen, re-issued or out-of-date payment details. This service will automatically update your payment card details to prevent your recurring weekly payment to us from failing. If we are unable to update your payment card details using this service, we will send you an email asking you to update your payment card details on your Account on our Website or App.
      2. We may suspend your order if your payment fails. We may suspend your active orders if your payment fails three consecutive times; we are refused authority to charge your payment card to fulfil your order; and/or we have reasonable grounds to believe that a scheduled payment will be refused. If we suspend your active order in these circumstances, we will not deliver any regular orders to you during the period of suspension, and will not be liable to you for late or failed delivery.
      3. You must compensate our costs if your payment fails. It is your responsibility to ensure that your payment card details are correct and up-to-date and that you have sufficient funds to cover payments under your orders. If, as a result of you breaking this condition, we are unable to collect a payment from you under an order you have placed with us, you must compensate us for the net costs we will incur.

    7. 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 6.1 (How to cancel your existing order).

    8. 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.

      1. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount.
      2. If the product's 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 you tell us that you do not wish to proceed, we may reject your order and no contract between us in respect of that order will come into existence.
      3. If, after accepting your order, we notice a pricing error, which was 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 goods provided to you.

    9. 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.

    10. 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.

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  17. YOUR RIGHTS IF THERE IS A PROBLEM WITH A PRODUCT

    1. Your statutory rights. We are under a legal duty to supply products that are in conformity with your contract with us. The box below summarises your key legal rights in that respect.

       

      The Consumer Rights Act 2015 says that goods supplied to consumers for a price must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the goods, your legal rights entitle you to the following:

      up to 30 days: if your goods are faulty, then you can get an immediate refund;

      up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and

      up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.


      If goods are of a kind that can reasonably be expected to perish after a shorter period, then the time limit for exercising your right to reject the goods ends at the end of that shorter period.


      Please note that most of the products we supply are perishable, with an average lifespan of 3 to 5 days. However, some of our products are expected to last longer, and your consumer rights could apply to them.


      The Consumer Rights Act 2015 says that the following rights apply to services supplied to consumers for a price:

      you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;

      if you haven't agreed a price beforehand, what you're asked to pay must be reasonable; and

      if you haven't agreed a time beforehand, it must be carried out within a reasonable time.


      This is a summary of some of your key rights. These rights are subject to certain exceptions. For detailed information from Citizens Advice please visit https://www.citizensadvice.org.uk/  or call 03454 04 05 06.

       

      Nothing in these Terms affects your legal rights under the Act. You may also have other rights in law.

    2. 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 product may vary slightly from those images.

    3. Product packaging may vary. The packaging of the goods may be different from that shown in our Shop on our Website or App.

    4. 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.

    5. If there is a problem with the product. 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:

      1. us to replace the goods;
      2. a price reduction; or
      3. to reject the goods and get a refund.
      4. 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)).

    6. Your obligation to return rejected products. 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.

    7. Fair wear and tear. Your rights under this clause 9 do not apply to faults, which result from fair wear and tear.

    8. 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.

    9. Deductions from refunds. 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 refund 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.

    10. How we will make the refund. We will make the reimbursement using the same method of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

    11. When we will make the refund. 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 refund.

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  • OUR MOBILE APP AND WEBSITE

    1. 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.

    2. App permissions. Our App may request the following device access permissions:

      1. Location (GPS and network based);
      2. Photos/Media/Files (read, modify or delete the contents of your device memory);
      3. Storage (read, modify, or delete the contents of your device memory);
      4. Camera (take pictures and videos); and
      5. Other (receive data from Internet; view network connections; full network access; draw over other apps; prevent device from sleeping).

      6. 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.

    3. 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.

    4. 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:

      1. download a copy of our App onto a reasonable number of compatible devices as permitted under the terms and conditions of your App Platform (provided that each of those devices is owned and controlled by you and is linked to the same App Platform account), and store, access, view, use and display our App and our Shop on such devices for your personal, non-commercial purposes of using our Shop in the manner permitted in these Terms. In addition, you may share the App in accordance with the family sharing rules set out in the terms and conditions of your App Platform; and
      2. receive and use any free supplementary updates of our App incorporating "patches" and corrections of errors as we may provide to you, and receive and use any free upgrades that replace or supplement the original App.

    5. 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.

    6. Prohibited actions. You agree that you will:

      1. except in the course of permitted sharing as set out in clause 10.4(a) (How you may use our App), not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, the App or Website in any form, in whole or in part to any person without prior written consent from us;
      2. not display (in part or in whole) our App or Website as part of any public performance or display unless such use would not constitute a copyright infringement or breach legal rights of any person (including corporate entity) or is specifically permitted by us;
      3. not copy the App or Website, except as part of their normal use or where it is necessary for the purpose of back-up or operational security;
      4. not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of the App or our Website nor permit the App or Website or any part of them to be combined with, or become incorporated in, any other programs, applications or digital content except as necessary to use the App and Website on devices as permitted in these Terms;
      5. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Website nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App or Website to obtain the information necessary to create an independent program that can be operated with the App or Website with another program (Permitted Objective), and provided that the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the App or Website; is kept secure; and is used only for the Permitted Objective;
      6. not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our App or Website; and
      7. not access or use the source code of our App.

    7. Acceptable use restrictions. You must not (or permit or assist others to):

      1. use the App or Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Website or any operating system;
      2. infringe our intellectual property rights or those of any third party in relation to your use of the App or Website;
      3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Website;
      4. upload, store or transmit any data or any other content or material, or use our App or Website in any way, which is unlawful, and/or breaches any legal rights of any person (including intellectual property rights and data protection rights);
      5. use the App or Website in a way that could damage, disable, overburden, impair or compromise the App, Website, our systems or security or interfere with other users; and
      6. collect or harvest any information or data from our App, Website or our systems or attempt to decipher any transmissions to or from the servers running our App or Website.

    8. 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.

    9. 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.

    10. 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.

    11. 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:

      1. our Terms and our Privacy Notice only apply to our App and Website and your use of any third party products will be governed by the terms and conditions and privacy policies of the third party providers of such external products;
      2. such links to and integrations with third party products are provided for information or your convenience only and are not recommendations or endorsements by us of those external products or any information you may obtain from them; and
      3. you will need to make your own independent judgement about whether to use any third party product. We are not responsible for examining or evaluating the content or accuracy of any third party product, and we will not be liable for any such external product.

    12. You are responsible for third party fees. You are responsible for:

      1. any access or data fees incurred from third parties (such as your internet provider or mobile carrier and other fees and taxes) in connection with your use of our App or Website on any device; and
      2. any fees incurred from third parties in relation to your use of third party products referred to in clause 10.11 above.

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  • ‘REFER A FRIEND’ PROGRAMS

    1. 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.

    2. Our terms that apply to all referral programs.

      1. You must be at least 18 years old to take part in our referral program.
      2. To qualify for a reward your friend referral must be in respect of a person who is at least 18 years old, is not our existing customer, and meets all other specific program conditions as set out on our Website or App in respect of the relevant referral program.
      3. Before sharing your friend’s name or email address with us or Mention Me, you must ensure that your friend is happy for you to do so.
      4. We do not represent that any referral program will continue to be available indefinitely. We will not be responsible to you for any loss you may incur as a result of us discontinuing a referral program.
      5. You must in connection with our 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.

    3. 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.

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  • YOUR RIGHTS TO END THE CONTRACT

    1. Closing your Account. You can close your Account and end the contract with us any time. If you wish to do so when:

      1. you do not have any active orders, you can end the contract by notifying us using one of the contact methods set out in clause 1.2 (How to contact us)). Your contract will end seven days after we receive your notification; or
      2. you have any active orders, you need to cancel your orders as described in clause 6 (Cancelling or changing your order), and tell us that you wish to close your Account using one of the contact methods set out in clause 1.2 (How to contact us)). Your contract will end seven days after we receive your notification and all your active orders have been cancelled.

    2. You may cancel your active orders. You may cancel your active orders as described in clause 6 (Cancelling or changing your order).

    3. 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).

    4. 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 (c) below, the contract will end immediately and we will refund you in full for any products which have not been provided, and you may also be entitled to compensation. The reasons are:

      1. we have told you about an upcoming change to these Terms, to which you do not agree (see clause 2.6 (Changes to these Terms));
      2. there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 7.7 (Delays outside our control)); or
      3. you have a legal right to end your contract with us because of something we have done wrong, including because we have delivered late (see clauses 7.11 (Your legal rights if we deliver goods late), or because we cannot supply the goods you paid for (see clause 7.5 (If we cannot supply the goods you paid for)).

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  • OUR RIGHTS TO END THE CONTRACT

    1. We may end your contract with us if you break it. We may end your contact with us at any time by writing to you if you break it in a serious way. For example:

      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 (see, for example, clause 8.6 (Payment failures), and clause 8.9 (If you receive the goods before you pay));
      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 products (see, for example, clause 7.2 (Delivery address and instructions));
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us (see clause 7.2 (Delivery address and instructions));
      4. break the App and Website use restrictions in clause 10.6 (Prohibited actions) or clause 10.7 (Acceptable use restrictions).

    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1:

      1. it will not affect our right to receive any money which you owe to us under this contract for goods provided to you; and
      2. we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract;

    3. Other reasons for ending the contract.

      1. We may withdraw a product. Your contract with us for the supply of a Repeat Weekly Order product may end if we withdraw a product (for details, see clause 7.6 (We may withdraw the product)).
      2. We may stop deliveries in your area. Your contract with us will end automatically if we cease delivering in your area (for details, see clause 7.10(a) (If we cease delivering in your area)).
      3. If we made an obvious pricing error. We may end a contract for the supply of goods to you if, after accepting your order, we notice that there was an obvious error in the pricing of a product (see clause 8.8(c) (What happens if we got the price wrong)).

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  • LIMIT ON OUR RESPONSIBILITY TO YOU

    1. 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 products (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 arising under applicable laws relating to the protection of your personal information.

    2. Limits to our liability. Subject to clause 14.1 above, we are not legally responsible for:

      1. losses that:

        (1) were not foreseeable to you and us when the contract was formed; or

        (2) were not caused by any breach on our part;

      2. business losses; and
      3. losses to non-consumers.

    3. 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.

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  • INTELLECTUAL PROPERTY RIGHTS

    1. Our copyright. Copyright © 2019 – 2020 Modern Milkman Ltd.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

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  • OTHER IMPORTANT TERMS

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. Disputes.

      1. If you have a complaint. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible using one of the contact methods set out in clause 1.2 (How to contact us).
      2. Alternative dispute resolution. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you; and give you certain information required by law about resolving disputes through alternative dispute resolution, which is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. In addition please note that, until the end of the transition period following the exit of the United Kingdom from the European Union (that is until 31 December 2020), you may submit your dispute with us for online resolution to the European Commission’s Online Dispute Resolution platform.

    6. 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.

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  • DEFINITIONS USED IN THESE TERMS

    1. In these Terms:

      1. Account means an account with us, which you can create on our Website or App;
      2. App means the Modern Milkman mobile app;
      3. App Platform means the online sales and distribution platforms where our App is available for downloading. See clause 2.4 (You must register to use our Products);
      4. Mention Me means Mention Me Limited, a company registered in England and Wales under company number 08382730 whose registered office address is at 20-22 Wenlock Road, London, N1 7GU, and who operate the https://www.mention-me.com/ website;
      5. One Time Order means a one-off order placed in our Shop. For details, see clause 5.1 (Repeat Weekly Order and One Time Orders);
      6. Products means, together, the goods, services and digital content listed in clause 2.1 (What these Terms cover);
      7. Shop means our online shop, which you can access on our Website and on our App;
      8. Terms means these terms and conditions. Please see clause 2.1 (What these Terms cover);
      9. we (and us or our) means Modern Milkman Ltd. For details see clause 1.1 (Who we are);
      10. Website means the Modern Milkman website at https://themodernmilkman.co.uk/ including as optimised for use on mobile devices; and
      11. Repeat Weekly Order means a regular order placed in our Shop. For details, see clause 5.1 (Repeat Weekly Order and One Time Orders).