Green & Grainy Ltd. terms & Conditions

This page, together with our Privacy Policy and Returns Policy, tells you information about us and the legal terms and conditions (“Terms”) on which we sell the products (“Product(s)” listed on this website “site” (www.greeenandgrainy.co.uk) to you. These Terms will apply to any contract (“Contract”) between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. By ordering any of our Products you agree to be bound by these Terms. If you have any questions regarding these Terms please email us: hello@greenandgrainy.co.uk.

The most recent revision of these terms was on Wednesday 30th March 2022.

1. “Us” / “We” / “Our” and “You” / “Your” / “Yours”

1.1 We are Green & Grainy Limited. We are a company registered in England under company number 08775409. Our main trading address for customer services and returns is Green & Grainy Ltd, The Project Climbing Centre, Dolphin Centre, Poole BH15 1UD.

1.2 To contact us, please see our Contact page or you can email us at hello@greenandgrainy.co.uk.

1.3 “Us”, “We” and “Our” refers to Green + Grainy Ltd.

1.3 “You”, “Your”, “Yours” refers to the person using our site and/ or purchasing our products.

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only and the limitations of monitor capabilities and of printers means that the colour, dimensions and packaging of the Products may vary from that shown on images on our site.

2.2 The Products that we sell are all hand-weighed, handmade, and cut and packaged by hand, and as such may vary in decoration style, size and weight to any photographs on the website.

2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order until the items are available.

2.4 Many of our products contain allergens. While we make the utmost effort to avoid contamination, we cannot guarantee that any product will be free from any given allergen.

2.5 For shelf life and allergen information, details are included with the Product Description on the shop webpage. If you need any further information please contact us via email to hello@greenandgrainy.co.uk

2.6 Our policy is to improve our food products continually, and so we reserve the right to make minor technical changes to the specification of the food product without affecting its function, quality or price.

3. How we use your information

We only use your personal information in accordance with our Cookie & Privacy Policy. Please take the time to read this as it includes important terms which apply to you.

4. If you are a consumer

This clause only applies if you are a consumer.

4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

4.2 We intend to rely upon these Terms and our Privacy Policy in relation to the Contract between you and us.

4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

4.3.1 As the Products sold on our site are perishable goods, the standard return allowance set out in the Consumer Contracts Regulations 2013 and Consumer Rights Act 2015 does not apply.

4.3. 2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving the food products we send you, in most cases, you can change your mind and get a full refund. However, our goods are perishable and are not fit for resale 14 days-after-purchase limit under the Consumer Contacts Regulations, let alone the 30-day limit of the Consumer Rights Act. Returns are therfor not accepted due to the perishable nature of the goods and food safety precautions. Please see our returns policy for further information.

4.4 3 If the Products are not as described, not fit for consumption or are of an unsatisfactory quality, then you may apply for a refund by contacting us at orders@greenandgrainy.co.uk

5. If you are a business customer

If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.

6. How the contract is formed between you and us

6.1 To place an order, visit the shop section of our site. Add the products you would like to buy to your basket and follow the steps the checkout process presents to you.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3 After you place an order, 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.

6.4 We will confirm that your order has been accepted by sending you an email that confirms the order and dispatch details. The Contract between us will only be formed when we send you the Order Confirmation.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site (as referred to in clause 10.6), or because we cannot process your payment, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.6 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is displayed within these terms, on our product pages, and in the Order Confirmation Email (see clause 6.3).

6.7 When buying any products from our site you also agree to enter into this contract with us and be legally bound by these terms, our Website Terms of Use and any documents referred to in them.

7. Our right to vary these terms

7.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you; and

(b) changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3 Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7.4 If Terms change once we have entered into a contract with you, we will notify you by email. You have a right to not accept the new Terms set out.

8. Your cancellation and refund rights if you are a consumer

This clause only applies if you are a consumer. For Subscription Cancellations, please see Clause 8.8.

8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind, you can notify us of your decision to cancel the Contract and receive a refund, this notice must be made via email to orders@greenandgrainy.co.uk. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. Returns are not accepted as Products are perishable goods. However, refunds for faulty goods can be applied for. More information can be seen in clause 4.3.

8.2 You may cancel a Contract from the moment the Contract is made until midday on the day of dispatch. After this time, your cancellation right does not apply.

8.3 To cancel a Contract, you must contact us in writing by sending an email to orders@greenandgrainy.co.uk. You may wish to keep a copy of your cancellation notification for your own records.

8.4 If a refund is due, you will receive a full refund of the price you paid for the Products excluding the shipping fee. We will process the refund as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.3. If you wish to apply for a refund due to Products being not as described, fit for consumption or of satisfactory quality, then you may apply for a refund by contacting us at orders@greenandgrainy.co.uk.

8.5 You will be refunded on to the credit card or debit card which was used for payment.

8.6 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by this clause 8 in these Terms or the Returns Policy. If your Products do not conform to specification. You must notify us of non-conformity within 24 hours of delivery for a refund to be considered. Photographic evidence of the non-conformity will be required. For more information, please refer to the Returns Policy. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8.7 If you need to make any changes to your subscription then you can do so by emailing orders@greenandgrainy.co.uk. Changes include pause deliveries, swap items and update your details at any time.

8.8 With all subscription orders, as they ship automatically every 30 days we require notice to cancel. You can edit or cancel orders right up to our cut-off time, which is midday GMT (Monday to Friday) the day before your order is dispatched. Once a subscription has been triggered it passes for immediate dispatch. If your order has already been dispatched, then we will be unable to cancel the delivery or issue a refund.

8.9 Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:

the food product;
our service to you; or
any other matter

please contact us as soon as possible via email to hello@greenandgrainy.co.uk. 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. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: http://ec.europa.eu/consumers/odr/.

Subject to clause17.4, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 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.

9. Delivery

9.1 Delivery can only be made to addresses within the UK

9.2 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (see clause 15). Unless you and we agree otherwise, if we cannot deliver your food product within 14 days, we will: let you know; cancel your order; and give you a full refund.

9.3 Delivery will be completed when delivery of the Products is made to the address you supplied during the checkout process. We aim to get your Products to you within 14 days. If the order can not be completed within 14 days, you will be contacted to ensure you are happy for the order to still proceed. You have the right to cancel your order if there is delay. Cancellation and refund policies are outlined in clause 8 and the Returns Policy.

9.4 If no one is available at your address to take delivery, a note will be left for you to arrange collection or re-delivery. This is entirely the process of the delivery partner.

9.5 The Products will be your responsibility from the completion of delivery. We take no responsibility for the quality of the product if you choose not to store them in the recommended conditions. Further details on shelf life and refreezing are included with the Product Description on the shop webpage.

9.6 Our standard small order deliveries are sent with Royal Mail. A product that remains undelivered for 10 days is deemed to have been lost and it is only at that point that we can issue replacements or refund.

9.7 Royal Mail, and any other delivery partner, is separate from us. We will not be liable for any loss or damage suffered by you through any delay in delivery. If something happens which is outside of our control; and affects the estimated date of delivery, we will let you know as soon as possible and give you a revised estimated date for delivery.

9.8 Larger orders are sent via royal mail or courier and are tracked. See also our Returns Policy.

9.9 All our food products are frozen on the day of production and your food items are taken from frozen stock. They are completely safe to refreeze on receipt of delivery for up to 2 months if you wish. All our cakes are suitable for home freezing. Our products are to be kept refrigerated, and consumed within 7 days of defrosting.’ Further details on shelf life and refreezing are included with the Product Description on the shop webpage.

10. Payment

10.1 We use Stripe, a third party payment processor, to take payment and process any refunds. In the absence of negligence on our part 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.

10.2 You can only pay for Products using a debit card or credit card. Your credit card or debit card will be charged when you click on the payment button during the payment process.

10.3 The prices of the Products will be as quoted on our site. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.6 for what happens in this event.

10.4 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site, to check relevant delivery charges, please refer to our Delivery Information page.

10.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, process a refund and notify you in writing.

10.7 If your payment is not received by us and you have already received the food product, you must pay for the food product within 7 days; or must return it to us as soon as possible. If so, you must keep the food product in your possession, take reasonable care of it (including ensuring that you follow any care instructions given with the food product) and not use it before you return it to us. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5. The price of the food product: is in pounds sterling (£)(GBP); includes VAT at the applicable rate; and does not include the cost of delivering the food product, which we will notify you at the time you place your order.

10.8 We do not store payment card details.

11. Nature of the food product

11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), to ensure the food products are of satisfactory quality; are fit for purpose; and match the description. We must provide you with food products that comply with your legal rights. The packaging of the food product may be different from that shown on the site.

11.2 All weights, sizes and measurements set out on the site are as accurate as possible, there may be a tolerance of up to 8% in our sizes, weights and quantities in our food products.

11.3 The colours of our food products are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

11.4 Our policy is to improve our food products continually, and so we reserve the right to make minor technical changes to the specification of the food product without affecting its function, quality or price.

12. Our warranty for the Products and disclaimer

12.1 We warrant that the Products will correspond with the Order at the time of the Dispatch Confirmation and shall be free from material defects on delivery. However, this warranty does not apply in the circumstances described in clause 12.2.

12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or any third party or if you fail to use the Products in accordance with the user instructions.

12.3 Whilst we use reasonable efforts to include accurate and up to date information on this site we make no warranty or representation with regard to the accuracy or reliability of such information or material linked to from the site and, to the fullest extent permissible by law, we expressly disclaim any liability in respect of the same. We do not monitor the content not produced by us and any views expressed by third parties on this site or on any sites linked hereto are not necessarily representative of our views.

12.4 Shelf-life and Best Before dates of Green & Grainy products are based on storage of the product under the recommended storage conditions as stated on product labels, under UK refrigerated or frozen conditions. Perishable foods are highly susceptible to degradation under conditions of elevated temperatures and/or elevated humidity, and Green & Grainy Ltd cannot be held liable for any deterioration of products, whether physical, chemical or microbiological, due to storage or use under climatic or environmental conditions outside the UK. Green & Grainy Ltd cannot not be held liable for any losses, illness, or injury, arising from any such degradation of a product where the country in which the product is being stored or used does not share the same Köppen system climatic zone classification (i.e. ‘Temperate’) as the UK.

13. Our liability if you are a business

13.1 These terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.

14. Our liability if you are a consumer

This clause 14 only applies if you are a consumer.

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.2 We only supply the Products for domestic and private use through this website. You agree not to use the product for any commercial, business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16. Communications between us

16.1 When we refer, in these Terms, to "in writing", this will include email.

16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email. If you are a consumer and exercising your right to cancel under clause 8, please see clause 8 for how to tell us this.

16.3 If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your order.

16.4 If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.

17. Other important terms

17.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.2 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.

17.3 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 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.

17.4 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

17.5 If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.

17.6 No one other than a party to this contract has any right to enforce any term of this contract.