Please read these Terms and Conditions carefully before using our Platform (namely our website www.getmucho.com ("Site") and/or our mobile application (Mucho) ("App"), together our "Platform"). We recommend that you print a copy of these for future reference.
You should understand that by ordering through our Platform you agree to be bound by these terms and conditions. By signing up to our Platform you confirm your agreement to these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Platform.
Welcome to our Platform. The Platform is provided, owned and operated by The Cook-in Company Limited (trading under the name "Mucho") a company registered in England under company number 08373811 and whose registered office is at 12 Gough Square, 3rd Floor, London, EC4A 3DW and email address firstname.lastname@example.org ("Cook-In Company", "Mucho", "us", "we" or "our" for short).
These Terms and Conditions (together with the documents referred to on it) govern the use to the services offered by Mucho on our Platform. The Platform is a grocery shopping and communications platform for facilitating the connection between individuals ("You") seeking to order grocery items ("Groceries") from selected retail outlets ("Suppliers"), and Mucho who You have authorised to purchase such Groceries on your behalf from the Suppliers. The additional charge You pay above the retail price of the Groceries is for the purpose of engaging us to perform this service on your behalf. You acknowledge that we act as your agent in providing our Services, and that we have no relationship with You other than to provide the Services as set forth in this Agreement. For the avoidance of doubt there is no relationship of Consumer between us and You under these Terms and Conditions nor under any Contract. Any relationship of Consumer exists solely between you and the relevant Supplier.
1.1 "Consumer" shall have the meaning ascribed in Section 12 of the Unfair Contract Terms Act 1977;
1.2 "Contract" means the contract between you and us whereby you appoint us to act as agent on your behalf in relation to the purchase of Groceries and authorize us to provide the Services to you as set out herein and incorporating these Terms and Conditions;
1.3 "Intellectual Property Rights" means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party;
1.4 "Order confirmation" means the document describing the Groceries to be shopped by us on your behalf from the Supplier, as confirmed by e-mail to you after you have completed the checkout process and the delivery slot has been arranged;
1.5 "Platform" means each of our website www.getmucho.com ("Site") and/or our mobile application (Mucho) ("App");
1.6 "Services" means the purchasing of Groceries on your behalf from a Supplier as specified in the Order confirmation;
1.7 "Suppliers" means retail outlet from which we purchase Groceries on your behalf;
1.8 "Terms and Conditions" means these Terms and Condition (as updated from time to time), any policies referred to herein but will also include any special terms and conditions agreed in writing by the Supplier;
1.9 "You" means the person and/or organisation who engages Mucho in the provision of its services through the Platform;
1.10 "Working days" means any day Monday to Friday from 9am to 7pm, excluding all public and bank holidays in England and Wales;
2. Service availabity
2.1 Our Platform is only intended for use by people residing exclusively in the United Kingdom (excluding Northern Ireland) ("Serviced Countries").
3. Your status
By placing an order through Our Site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
3.3 you are resident in one of the Serviced Countries; and
3.4 you are accessing our Platform from that country.
4. How the contract is formed between you and us
4.1 After placing an order for Services on our standard order form, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Groceries on your behalf. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an order confirmation by e-mail ("Order Confirmation"). The Contract between us will only be formed once we have received payment in accordance with clause 10 and once we send you the Order Confirmation.
4.2 The Contract will relate only to those Services we have confirmed in the Order Confirmation and the Order Confirmation will be deemed to be an instruction to us to proceed with the provision of such Services on your behalf. We will not be obliged to supply any other Groceries or Services which may have been part of your order until the order of such Services has been confirmed in a separate Order Confirmation.
5. User account
5.1 All visitors can view our Site however visitors will be required to register with us to access specific content or use our Services. By successfully setting up an account with us you will become a user ("User"). You are the sole authorized user of any account you create via our Platform. You are responsible for maintaining the confidentiality of any password or account number provided by you or us for accessing any part of our Platform (either our Site and/or App). You are solely and fully responsible for all activities that occur under your password or account.
5.2 We have no control over the use of any User's account and expressly disclaim any liability derived there from. Should you suspect that any unauthorised party may be using your password or your account, you will notify us immediately.
6. User submissions
6.2 You hereby grant each User of the Platform a non-exclusive license to access your User Submissions through our Platform and to display and publicly perform such User Submissions as permitted through the functionality of our Platform and under these Terms and Conditions.
6.3 In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant us (and each User) all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libellous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Mucho or any third party; or (iv) impersonates another person. We reserve the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
6.4 We do not endorse any User Submission or any opinion, recommendation or advice therein, and expressly disclaim any and all liability in connection with any User Submission. You (and all Users) understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and You hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against us with respect thereto.
6.5 We may provide links to websites owned or operated by third parties. We do not endorse the content or any products or services available on such websites and we are not responsible for such content or its security.
6.6 Your linking to any other websites from our Platform is at your own risk.
7. Your rights
7.1 You may cancel a contract or any instruction to us to provide Services to You, however you must give us sufficient notice and any cancellation must be received before the cut-off time noted in the Order Confirmation (Cut Off). To cancel you must email us at email@example.com quoting your order number in the subject line. Any orders that have not been cancelled by Cut Off are binding. Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of our Services and delivery.
7.2 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
8. Availability and delivery
8.1 Your order will be fulfilled by the chosen Supplier where Groceries are purchased on your behalf and on the delivery date set out in the Order Confirmation, unless there are exceptional circumstances.
8.2 We will process your order within 8 working hours as established in these Terms and Conditions.
8.3 Any orders that have not been cancelled by Cut Off are binding. Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of our Services and delivery.
8.4 Delivery changes Any changes to your order received prior to Cut Off will be processed without charge.
9. Risk and title
9.1 The Groceries will be at your risk from the time of delivery. Before delivery, the Groceries and any risk or liability relating thereto shall remain with the chosen Supplier.
9.2 Ownership of the Groceries will only pass to you once the Supplier receives full payment of all sums due in respect of the Groceries, including any applicable delivery charges.
10. Price and payment
10.1 The price of our Services will be as quoted at checkout on our Platform before You confirm your order. This price includes applicable delivery costs and the fee for our Services corresponding to a percentage of the estimated basket size.
10.2 Payment for our Services and Payments to be made to Suppliers on your behalf shall be taken at checkout.
10.3 Our Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Payment for all Services must be by credit or debit card. We accept payment with Visa, Mastercard, and American Express.
11. Our refunds policy
11.1 If you are unhappy with your Groceries for a legitimate reason (for example you are missing ingredients, ingredients were damaged upon delivery, the Groceries did not arrive), we will use reasonable endeavours to ensure the relevant Supplier provides you with a full or partial refund or replacement (as appropriate). This shall be subject to You providing sufficient evidence to the relevant Supplier (acting reasonably) that the Groceries you were charged for were not delivered or were not delivered in such condition as they reasonably ought to have been.
12. Our liability
12.1 If we fail to comply with these terms and conditions we shall only be liable to You for the price of our Services
12.2 Nothing in this agreement excludes or limits our liability for:
12.2.1 Death or personal injury caused by our negligence;
12.2.2 Fraud or fraudulent misrepresentation;
12.2.3 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Platform, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Platform (either on our Site or App or both). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by You to us must be given to us at firstname.lastname@example.org. We may give notice to you by either the e-mail or postal address you provide to us when placing an order or on registration as a User. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter; that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail; that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Intellectual property rights
16.1 Except as otherwise provided herein, we are the owner or the licensee of all intellectual property rights on our Platform whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2 Except as otherwise provided herein, you may print off one copy, and may download extracts, of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
16.3 If you post comments, videos or photos on our Services to any website, blog or social media network ("Commentary") you must ensure that such Commentary represents your fairly-held and reasonable opinions. By subscribing to our Platform you irrevocably authorize us to quote from your Commentary on our Platform and in any advertising or social media outlets which we may create or contribute to.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract or an order (or for the failure to perform or delay in performance of any Suppliers’ obligations) that are caused by events outside our (or the relevant Supplier’s, as applicable) reasonable control ("Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our (or the relevant Supplier, as applicable) reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action;
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 Impossibility of the use of public or private telecommunications networks; and
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance (and the relevant performance by any Supplier) under any Contract or order is deemed to be suspended for the period that the Force Majeure Event continues, and we (and the relevant Supplier) will have an extension of time for performance of the relevant obligations for the duration of that period. Where possible we will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the obligations under the Contract or order may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 14 and 15 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document or policy expressly referred to therein constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21. Our right to vary this this Terms and Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you instruct us to purchase Groceries from the chosen Supplier on your behalf, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven Working Days of receipt by you of the Groceries).
22.1 The use of our Services is entirely at your own risk. Changes are periodically made to our Platform and made be made at any time without notice to you.
22.2 We make no warranties or representations about the accuracy or completeness of the content provided through our Platform, our Services or the content of any websites linked to our Platform.
22.3 We assume no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform or our Services; (III) Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
22.4 We do not warrant that our Platform will operate error-free or that our Platform and its server are free of computer viruses and other harmful goods. If your use of either our Site or our App results in the need for servicing or replacing equipment or data, then we shall not be responsible for those costs.
22.5 We, to the fullest extent permitted by law, disclaims all warranties, whether expressed or implied, including without limitation the warranty of merchantability, non-infringement of third party rights and the warranty of fitness for a particular purpose.
22.6 We makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. We and our affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
23. Laws and Jurisdiction
Contracts or any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.