Jollofmama
Website Terms
1. INFORMATION ABOUT US
1.1 These are the website terms and conditions of JOLLOF MAMA LTD trading as “Jollof Mama” in the UK.
1.2 We operate the website www.jollofmama.com (the “Website”).
1.3 This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”) listed on our Site via one of our subscription and one-off services (“Services”). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
1.4 These Terms and Conditions were most recently updated on 7th July 2020 and apply to sales to consumers.
1.5 If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
1.6 You should print a copy of these terms and conditions for future reference.
1.7 Please tick the check meal kit in the shopping basket to accept 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 website.
2. SERVICE AVAILABILITY
2.1 Our website is only intended for use by people residing in the United Kingdom of Great Britain (as applicable) (“Serviced Countries”). Unfortunately, we cannot accept orders from individuals outside of these Services Countries at this time, or from postcodes in the Scottish Highlands, Northern Ireland, and the Channel Islands and Islands.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts;
3.2 you are at least 18 years old;
3.3 you are a resident in one of the Serviced Countries; and
3.4 you are accessing our site from that country.
4. PURCHASE CONTRACT
4.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an e-mail 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 products separately or by subscribing to a Service. Subject to our cancellation rights set out in clause 4.5 below, acceptance of your order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you. After the contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via email and/or SMS message as applicable from our third-party couriers. Dispatch Confirmation are not sent to customers in Northern Ireland.
5. OUR PRODUCTS
5.1 The images of Products on our website are for illustrative purposes only. Your products may differ slightly from those as displayed on our website and food by its nature may vary in colour and size. The packaging of products may also vary from as shown on our website.
5.2 You are responsible for opening and inspecting the products upon delivery and storing them correctly. You are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
5.3 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact us at [email protected].
6. VOUCHERS AND DISCOUNTS
6.1 A voucher may only be used once by its holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
6.2 We reserve the right to withdraw or deactivate any voucher for any reason at any time.
6.3 Vouchers may only be redeemed through our website and not through any other website or method of communication. To use your voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the voucher.
6.4 Any discounts attached or offered are to the price of the products ordered only and not to delivery charges, which will be chargeable at normal rates.
6.5 Vouchers (including credits to your accounts are not available for use in connection with surcharge items, premium items or extras. We reserve the right to exclude the use of Voucher codes on specific products.
6.6 We reserve the right to exclude the use of voucher codes on specific products, including (but not limited to) vouchers linked to regular subscription services cannot be used on the Christmas Meal kit promotion, Gift Meal kit or any similar promotional meal kites. Vouchers will not be applied in conjunction with any existing account credits.
6.7 We reserve the right to cancel vouchers at any time. We also reserve the right to reject voucher codes if we suspect any fraud.
7. RIGHTS
7.1 You may deactivate an order, or cancel your subscription at any time, however you must provide two working days’ notice. To deactivate you must email [email protected] by 6pm.
7.2 If you wish to cancel your order prior to receiving your first meal kit, please contact customer care at [email protected] within 3 days from delivery.
7.3 As our products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your subscription in line with the details set out above.
8. DELIVERY AND AVAILABILITY
8.1 For the purpose of these terms and conditions, all delivery is subject to a delivery charge unless order exceeds £TBC.
8.2 Delivery windows stated on our website or via email are an indication and not a guarantee of delivery within these hours. We reserve the right to deliver your meal kit at any point on the day of delivery set out in the dispatch confirmation.
8.3 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
8.4 The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
8.5 The courier company may try to contact you on the telephone so that the delivery can take place. The delivery driver will use the telephone number associated with your account, which may also be printed on the delivery label.
8.6 Jollof Mama’s obligation to deliver the meal kit shall be fulfilled once the courier delivers the meal kit at the safe spot specified by you or the meal kit is considered safe by the courier.
8.7 If the personal handover of the meal kit is not possible and no leave safe is available Jollof Mama may also deliver the meal kit to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the meal kit may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All as mentioned all nearby households and businesses are subsequently referred to as “neighbours”.
8.8 The customer will be notified of such delivery to a neighbour by delivery notice or via email or text.
If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance.
8.9 Jollof Mama will not attempt a further delivery. You are obliged to bear all expenses related to the aforesaid default of acceptance.
8.9.1 Jollof Mama reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
9. Risk
9.1 Once the delivery is completed, following the preceding paragraph (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the meal kit will be with the customer. Jollof Mama shall not be held liable for any damage, defect or loss which may occur thereafter.
9.2 You are fully responsible for any damages or losses due to any vagueness regarding the safe spot specified by you. Jollof Mama is not obliged to review the safe spot as to its general suitability.
9.3 Refusal of the meal kit does not negate the charge for the services. Jollof Mama will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
10. PRICE AND PAYMENT
10.1 The price of the products and delivery charges will be as quoted on our website when your subscription or individual order has been created or placed, except for in cases of obvious error.
10.2 All subsequent orders will be the same cost unless a change is made to the subscription or order by the customer e.g. change of meal kit type.
10.3 In all service countries product prices include VAT where applicable.
10.4 Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
10.5 Payment for all products and services must be by credit or debit card. We accept payment with Visa and Mastercard, Amex and PayPal.
10.6 If payment for your order is unsuccessful the Product will not be dispatched, and the sale will be cancelled.
In such circumstances, Jollof Mama will re-attempt payment through the recurring payment method.
10.6.1 It is your responsibility to ensure that there are sufficient funds are available to process the payment for the order or update payment details if required.
11. REFUNDS POLICY
11.1 If you are unhappy with your meal kit for a legitimate reason such as: the meal kit was missing ingredients, the meal kit was damaged or the meal kit did not arrive, we will offer an appropriate refund as long as it can be shown that the meal kit you were charged for was not supplied as it should have been.
12. ASSURANCE
12.1 We assure to you that any product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13. LIABILITY
13.1 Subject to clause 15.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
14. WRITTEN COMMUNICATION
14.1 Applicable laws require Jollof mama that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, text via text messages, Instagram or WhatsApp or provide you with information by posting notices on our website. 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.
15. NOTICES
15.1 All notices given by you to us must be given to JOLLOF MAMA LTD at [email protected]. We may give notice to you via the e-mail you provide to us when placing an order, or in any of the ways stated by yourself. Notice will be deemed received and properly served immediately when posted on our Site, 24-48 hours after an e-mail is sent.
16. TRANSFER OF RIGHTS
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 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.
16.3 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.
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 our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our 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 disasters;
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 under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. OUR RIGHT TO VARY AND CHANGE THESE TERMS
18.1 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.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, 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 Dispatch 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 Products).
