Terms & Conditions

TERMS AND CONDITIONS OF USE

Welcome, and thanks for using Tasty Basket! Tasty Basket is a trading name of Tasty Basket Ltd (“the Company”).  When you use the services provided on our site, you’re agreeing to our terms, so please take a few minutes to read over these terms of use (“Terms of Use”) below.

Please note, you are entering into a legally binding agreement.

Summary: When you use Tasty Basket, you are entering into a legal agreement and you agree to all of these terms.Please read these Terms of Use carefully before using the website and services offered by Tasty Basket Limited (the “Company”).

These Terms of Use set out the legally binding terms and conditions for your use of the website at www.tastybasket.co.uk  (the “Tasty Basket Website”), and the iOS and Android Application provided by Tasty Basket.

We amend these Terms of Use from time to time. Please check these Terms of Use to ensure you understand the applicable terms. These terms and conditions were last updated on <> 2020.

By using Tasty Basket (whether on the Tasty Basket Website, iOS or Android App) in any manner, including but not limited to visiting or browsing Tasty Basket, you (the “user” or “you”) agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

 

If you have any questions about our terms and conditions of use, please contact hello@tastybasket.co.uk, where we will be happy to answer and clarify any queries you may have.

 

  1. INFORMATION ABOUT US

Here’s some basic info about Tasty Basket.

Tasty Basket products are owned and operated by the Company (“we” or “us”). We are registered in Scotland under company number SC619755 and our VAT registration number is 320 925 817. Our registered office is 7 Rutland Square , Edinburgh, EH1 2AS.

SCOPE

We are an online marketplace for customers (“Customers”) to buy food and/or other goods produced for and sold to Tasty Basket by  local retailers (“Retailers”) and producers (“Producers”).

Customers, Retailers and Producers must comply with these Terms of Use and the Company’s policies in relation to food products and other items available through Tasty Basket (“Products”) pursuant to our guidelines.

The Company is not a Producer or Retailer, and ultimate responsibility for the quality and condition of Products lies with the Producers and Retailers.  Whilst the Company tries to ensure that material included on the Tasty Basket Website is correct, it has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings.  However the Company seeks to uphold high standards in the relation to the Products that it sells to Customers.

  1. ACCESSING TASTY BASKET

Although hopefully this will be a rare occurrence, there may be occasions when the Tasty Basket is unavailable to you.

Access to Tasty Basket is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through our products without notice. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Tasty Basket products at any time or for any period.

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make Tasty Basket’s Products and the content therein available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Products shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Products as a result of our third party providers, Producers or Retailers.

From time to time, we may restrict access to any or all of the Tasty Basket products and to users who have registered with us.

Any personal data and other information provided by you will be processed by us in accordance with our Privacy policy. By providing any such personal data or other information you agree to the terms of our Privacy policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use.

  1. REGISTERING WITH TASTY BASKET

To order from Tasty Basket, users must first register with us. This is not a credit account, and payment will be required if products are ordered.

The personal and payment details you give to us are governed by a strict Privacy Policy – please see the separate document by clicking here.

The Tasty Basket product services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

In addition, you agree to abide by the Company’s policies as stated in the Terms of Use and the Company policies listed below (if applicable to your activities on or use of the Tasty Basket products or services), as well as all other operating rules, policies and procedures that may be published from time to time on the Tasty Basket, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time:

  1. PRIVACY POLICY

Our privacy policy can be viewed at www.tastybasket.co.uk/privacypolicy

  1. PAYMENT TERMS

You can pay by any American Express, Mastercard or Visa credit card, Maestro or Delta debit card.

Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

Because of the unique way in which the Tasty Basket operation works, our order cut-off for next day delivery is 21:00 hrs. All payments will be taken after this time for delivery orders for the next working day.

After 21:00 hrs, all of the component parts of the order are distributed to our Producers or Retailers for preparation and as such cannot be changed.

Given the bespoke nature of the suppliers and products, once an order is submitted and passed to the supplier, the order cannot be refunded and cancelled.

Our liability to you in connection with any order or in respect of any claim that you may have arising from any order (other than a claim for death or personal injury) will not exceed the total price charged for the relevant items.

We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Microsoft Explorer and versions 3.02 or higher of Netscape.

This means you cannot inadvertently place an order through an unsecured connection.

In addition, some services offered through the Tasty Basket may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You also understand that a breach of any of the Terms of Use may result in your use of services on the Tasty Basket Website being restricted.

  1. PASSWORD AND SECURITY

You will keep your password a secret. You are responsible for anything arising from steps taken using your password.

When you register to use the Tasty Basket Website you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at help@tastybasket.co.uk We would also suggest that you also change your password immediately through the Settings/ Accounts section of the Tasty Basket Website.

If we have reason to believe that there is likely to be a breach of security or misuse of Tasty Basket products, we may require you to change your password or we may suspend or cancel your account.

  1. PURCHASING PRODUCTS ON THE TASTY BASKET WEBSITE

Please note that when you purchase Products on the Tasty Basket Website, iOS App or Android App you are entering into a legal contract to purchase the Products subject to these Terms of Use

Each order you place shall be deemed to be an offer by you to purchase the Products from Tasty Basket, sourced from the relevant Producer or Retailer subject to the Terms of Use and the applicable Product details.  You can place orders for Tasty Basket Products up to 7 days in advance of delivery subject to product and delivery date and slot availability.  After you place an order, you will receive an order confirmation that we have received your order which we will pass on to the relevant Producer/Retailer. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order. This confirmation email will signify acceptance of your order and a legally binding contract will be formed between you and Tasty Basket.

Producers and Retailers will do all that they can to ensure that your order is fulfilled. Products are, however, subject to availability, market and weather conditions, seasonal changes and restrictions imposed by local or national legislation, regulation or guidance in relation to movement and business operations, for example, so there may be occasions that a Product is not available for delivery. If Producers or Retailers are unable to supply an item you have ordered, you will receive a credit for the unavailable items, back to your Tasty Basket account. Tasty Basket will, however, bear no liability for unavailability of Products, and you agree that you shall have no entitlement to compensation or recompense other than the credit for the cost of the unavailable item.

The images of the Products listed on the Tasty Basket Website are stock photographs used for illustrative purposes only. Although Producers and Retailers will make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Tasty Basket Website are for information purposes only.

You may submit orders for Products by using our online ordering facility on the Tasty Basket Website, iOS app, Android App at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

All orders must be made within the order deadlines specified in relation to the Tasty Basket products.

Each Product for which you click ‘Add to basket’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity of order of each item in your shopping basket when you choose to check out. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. You will be able to make amendments or corrections to your orders up until they are sent to the Producer. Deadlines are specified on the Website, iOS App and Android App.

Your submission of an order amounts to an offer to enter a contract to buy the Products from Tasty Basket. Subject to the paragraph above, you cannot then withdraw or cancel your order except as stated above.

All prices for Products are inclusive of any applicable VAT (which where chargeable will have been included in the amount you are charged for your order at checkout, and by placing your order you agree to pay this). 

For more information on ordering please contact hello@tastybasket.com

  1. DELIVERY

Please note that delivery is only available in a limited area. Customers can check delivery areas available via Postcode checker on the Tasty Basket website, iOS app and Android app.

If delivery is available to your postcode, we will make delivery to the address provided by you at checkout, as long as it is within our current delivery area.

We always aim to deliver Products within the delivery slot we have agreed with you, but you agree that we will not have any liability to you if we deliver the Products outside of this slot or don’t deliver all or any of the Products in your order due to circumstances out with our control. Instances where it may not be possible to deliver your order may include (but are not limited to):

Where our driver believes it is unsafe or impractical to approach the property

Where our driver believes it is unsafe to deliver due to an uncontrolled/dangerous dog, individuals or otherwise

Where our driver cannot deliver to the property due to bad weather

Where access cannot be obtained to property due to Police restrictions

Where delivery cannot be made due to restrictions imposed by local or national legislation, regulation or guidance in relation to movement and business operations

Ownership of, and risk in, the Products will pass to you once we have delivered your order. You agree to read all information on the product label carefully, in good time, and before use, including any accepted substituted products. If the delivery address stated on your order is not the address where you live we will not be liable for any damage or detriment to the goods caused by their onward delivery to you.

We can only deliver to an address stored in your address book in the your account section of our site. We can only make a delivery to an address within our delivery area.

Our commitment is to deliver your order to the front door of your delivery address and offer to take it into your home. There may be circumstances where this may not be possible (including but not limited to):

Where our driver believes they are at risk of injury;

Where our driver believes any stairs to your front door are unsafe;

Where our driver believes it is or may be unsafe to enter the property;

Where our driver has not received clear permission to enter the property.

In certain circumstances such as those detailed in this Delivery section your driver may ask to meet you in another location, as close as possible to your front door, in order to allow delivery of your order. If you are unable to meet your driver in another location then your delivery may not be completed.  It is your responsibility and you agree to provide a contact telephone number that your driver will be able to contact you on during and close to your delivery slot, and to be available to speak to your driver and meet him at a reasonable nearby location to allow delivery of your order should circumstances require it.  We will not be liable to you for any costs incurred by you as a result of you having to take delivery of your order away from your address where this is reasonably required by your driver.

There may be costs involved in home delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.  By placing your order you agree to pay the delivery charge.

We always aim to deliver your goods within the delivery window, but we cannot always guarantee this and we cannot accept liability if we deliver the goods outside of this window or don’t deliver all or any of the goods in your order.

All deliveries must be signed for at the delivery location by a representative of the Customer who is aged 18 years or over. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that you are unable to provide a representative at the specified delivery point, of 18 years of age or over, we will not be able to effect a delivery or leave your order at the specified delivery point.

In these circumstances we will endeavour to contact you, to arrange an alternative delivery time that same day, but if we cannot contact you or it is not possible to deliver to you that day, then re-delivery is entirely at the discretion of tasty basket, and you will not be entitled to any refund and we will not be liable to you in respect of any claim relating to your order.

We reserve the right to refuse to accept orders from any customer; considerations of delivery problems, the safety of our driver or our driver’s vehicle, and other matters, may give rise to such a refusal.

If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, restrictions imposed by local or national legislation, regulation or guidance in relation to movement and business operations, we cannot accept liability for any inconvenience or loss that this causes.

Please inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by mailing us on hello@tastybasket.co.uk.   We will replace, or refund you for all of the defective Products. Otherwise our liability is limited as provided in paragraph 15.

  1. PAYMENTS

Tasty Basket allows clients to order up to 7 days in advance of delivery. Your nominated electronic payment card will be charged at the time of order.

The Company uses third party payment handlers to processes all payments made via the Tasty Basket Website, Tasty Basket iOS and Android App.

AIB Merchant Services Ltd, (the trading name of First Merchant Processing Ireland DAC), is a quick and secure way to accept credit and debit card payments from Tasty Basket customers anywhere in the world. Stripe powers checkouts for the most innovative global companies helping them with increasing conversion, optimising the checkout experience for desktop, tablet and mobile devices and reducing fraud. Stripe meets and exceeds the most stringent industry standards for security. Stripe are also audited by a PCI-certified auditor, and are certified to PCI Service Provider Level 1, which is the highest level of certification available.

These services are offered on the Tasty Basket Website, iOS app and Android app as a means of payment. By signing up to the Tasty Basket, you agree to be bound by the Terms and Conditions of First Merchant Processing (Ireland) DAC, incorporated in Ireland under registration number 355871, and having it’s registered office at Block , Benfield Office Park, Beaver Row, Clonskeagh, Dublin DO4 N8F7.

  1. CANCELLING YOUR ORDER

In respect of non-perishable items, you have the right to cancel, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14th working days after the day on which you receive the goods you ordered.

Please note however that you do not have a right under CCRs to cancel orders in respect of food or other perishable items. In respect of food and other perishable items you should ensure that you inspect these immediately on delivery.  We will only provide refunds in respect of food and other perishable items where these are inspected immediately on delivery and are found to be in a damaged or unusable condition (although we will exercise our discretion reasonably in situations in which the condition of the item could not be ascertained until it was opened for use).

The paid delivery charge is only refundable in respect of orders consisting of wholly non-perishable items where these have been delivered by Tasty Basket in an unacceptable condition. For the avoidance of doubt, if any order consists fully or partially of food or other perishable items, and this order is cancelled, then the paid delivery charge is not refundable once the order cut-off time, (9pm the day before order delivery), has passed, unless the circumstances in the previous paragraph apply regarding condition of the items.

Any paid delivery charge to be refunded will be included in your refund once we have received return of all (not part) of your items order. Please note that any delivery charge refund will be to the value of standard delivery. We will process your refund within 14 days of receipt of the returned products. You must take reasonable care of the goods while in your possession and they must be returned in a saleable condition such that they can be returned to the relevant Producer before we can issue your refund.

Products, (non-perishable items), should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, at your cost, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given and the items have been returned in saleable condition or no worse condition than that in which they were delivered to you (provided payment has already been debited to your payment card).

  1. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We love when you leave feedback and we might share it with other users. Although we don’t own your content, by posting it, (though our accredited feedback partner), on our site you grant us a licence to use it.

The Tasty Basket Website may provide users with an opportunity to provide feedback in a variety of forums including, but not limited to product reviews and Tasty Basket Website and app reviews. This helps our users to share factual information and personal opinions about Products, and provide views and opinions on a variety of topics.

Users may have the ability to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information where available to do so on Tasty Basket, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right to remove or edit such content. If you believe that any content on the Tasty Basket products, website, apps contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Tasty Basket Website, please notify us at hello@tastybasket.co.uk

We do not claim ownership rights in your content. If you post content or submit material, and unless we indicate otherwise, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You agree to allow the Company to store or re-format your content on the Tasty Basket products and display your content on the Tasty Basket Website or App in any way we choose. We will only use personal information in accordance with our Privacy Policy.

By uploading content to the Tasty Basket Website you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered by us as a result of your post, for example in respect of claims or complaints made against us and the cost of defending or dealing with those. We reserve the right to remove any such content immediately.

  1. NO UNDERTAKING

We cannot give any undertaking that Products and/or services you purchase from Producers through the Tasty Basket Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you order goods and/or services through the Tasty Basket Website or App we may disclose your customer information related to that transaction to the relevant Producer.

  1. INTELLECTUAL PROPERTY RIGHTS

Here’s some information on the rights connected to all the designs and things we’ve created that you find on our site.

We are the owner or the licensee of all intellectual property rights in the Tasty Basket products: Website and Applications, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We own, or are the licensee to, all right, title and interest in and the Website and App, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Tasty Basket products. (Website, iOS app and Android App).

You must not extract or otherwise use any of the content on Tasty Basket for commercial purposes without obtaining a licence to do so from us or our licensors.

We respect the intellectual property rights of others and we ask our users to do the same. If you are aware that any of your intellectual property rights have been infringed on the Tasty Basket website or applications, please contact us on hello@tastybasket.co.uk to report the concern that you have.

  1. NO RELIANCE ON INFORMATION

Although we believe everything on the Tasty Basket products is up to date and accurate, we can’t guarantee that it is.

The content on the Tasty Basket Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

  1. LIMITATION OF LIABILITY

We disclaim any legal liability for the quality, safety, or reliability of, or any events that transpire from your use of, the Tasty Basket Website or applications.

By using the Tasty Basket Website, Tasty Basket applications and their content you acknowledge that you do so entirely at your own risk.

Our liability to you in connection with any order or Products or in respect of any claim that you may have arising from any order or Products (other than a claim for death or personal injury) will not exceed the total price charged for the relevant items.

Whilst we take every care to deliver your order or provide your order for collection (as applicable), we cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance you had in having Products delivered to you or having Products available for collection from us, arising out of our supply or failure to supply Products to You.

Nothing in this Agreement shall in any way limit our liability for death or personal injury resulting from our breach of contract, tort or negligence nor limit any legal rights you have as a consumer.  Nor do we exclude any liability which by law we cannot restrict or exclude.

The Products sold to you on the basis that you are a consumer, and therefore you agree that we will not be liable for any special losses that you might suffer using, re-distributing or reselling the goods as part of a business.

With the exception of faulty goods or returns made in accordance with clause 10 of these Terms of Use, we shall not be liable for Products once they have been delivered to the delivery address, stated in Your order.  If You ask a third party to move, transport or deliver the goods to any other address following our delivery or your collection, we shall not be liable for anything that that third party might do to or with the goods.

Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

  1. LINKING TO OUR SITE

We permit links to our home page, provided you do so in a way that is fair and legal and does not take advantage or damage our reputation. Any link to our website home page must be done in such a way that it clearly does not suggest any form of association, approval or endorsement on our part where none exists.

Where the conditions above, with respect to linking to our website home page have been complied with, you are however forbidden and under no circumstances, must you establish a link from any website that is not directly owned by you.

If you wish to make any use of content on our site other than that set out above, please contact hello@tastybasket.co.uk

  1. THIRD PARTY LINKS AND RESOURCES ON THE TASTY BASKET WEBSITE

From time to time, the Tasty Basket website may also include links to other websites, which we believe will prove of interest to our customers or might provide a valuable service for our customers, which are not under the control of the Company.

These links are provided for your convenience to provide what we believe will be further useful information. We have no control over the nature, content and availability of those sites, and we accept no liability for any losses whatsoever that may be incurred as a result of any linking to any of these links.

The inclusion of any links on the Tasty Basket website does not necessarily imply a recommendation or endorse the views expressed within the included links.

  1. WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall in no way constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default within these terms and conditions, shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be deemed to be effective, unless it is communicated to you directly in writing and it is also clearly, expressly stated to be a waiver.

  1. APPLICABLE LAW

Your use of the Tasty Basket Website and Mobile Application, these terms and conditions and the Tasty Basket Privacy Policy and any dispute arising in connection with them is subject to the laws of Scotland. In the event of any dispute you agree to submit to the exclusive jurisdiction of the courts of Scotland.

While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of Producers to sell items; or that a Producer will actually complete a transaction.

  1. PRIVACY STATEMENT

You will have the opportunity to input your personal information on the Tasty Basket Website and/or Mobile Application. Please see our Privacy Policy above for further details on how we use this information. Where you do consent to our holding and using of your personal information, it is intended that such consent will benefit any purchaser of our business.

  1. SEVERABILITY

If any of these Terms of Use or parts thereof are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision or part of any thereof 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.

  1. CHANGES TO THESE TERMS

We may revise these Terms of Use or other policies at any time, so please review the policies frequently to take notice of any changes we make, as they will be binding on you. If we make a material change we will notify you thereof , by email, or by means of a notice on our homepage, or in any other way we deem appropriate. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgement.

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