Asianfoodie - Terms of Supply of Products
1. These terms
1.1 Welcome to AsianFoodie.co.uk!
1.2 What these terms cover. These are the terms and conditions on which we supply to you our hand-picked selection of Asian food and drink products.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Ly Hong Ltd, trading as Asian Foodie, a company registered in England and Wales. Our company registration number is 06357073 and our registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. Our registered VAT number is 930 3800 54.
2.2 How to contact us. You can contact us by writing to us at Customerservice@asianfoodie.co.uk
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order for Asian food and drink products will take place when we email you to accept it, at which point a contract for supply of the products will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements including any European Union or UK laws relating to food or drink labelling or distribution.
6.2 More significant changes to the products and these terms. In addition, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave it in the preferred safe place designated by you when you enter in their delivery details during the order process. We will leave you a note in your letterbox to notify you we have delivered and left the products in the preferred safe place you designated. If for any reason we are unable to leave the products in the designated preferred safe place, the products will taken back to our courier’s local depot. We will leave you a note informing you of how to rearrange delivery with our courier or collect the products from their depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 When you become responsible for the products. A product which is products will be your responsibility from the time we deliver the product to the address you gave us.
7.9 When you own the product. You own a product which is products once we have received payment in full.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6)).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.4 Please note, the goodwill guarantee offered by Ly Hong Ltd, trading as Asian Foodie, to our customers, is more generous than your legal rights under the Consumer Contracts Regulations in that it applies to perishable products. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the products.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at Customerservice@asianfoodie.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the Contact Form at www.asianfoodie.co.uk/contacts on our website.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, post them back to us at Unit 3670 Access Storage, 13 Whitestone Way, Purley Way, Croydon CR0 4WF. Please email us at Customerservice@asianfoodie.co.uk for a return label. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because of a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 7 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at Customerservice@asianfoodie.co.uk
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says the products must be as described on our website, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products which are not as described on our website, not fit for purpose or not of satisfactory quality you must post them back to us. If on receipt we determine (acting reasonably) that there is indeed a problem with the products, we will reimburse you the reasonable costs of postage. Please email us at Customerservice@asianfoodie.co.uk for a return label or to arrange collection.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.3 When you must pay and how you must pay. You must pay for the products before we dispatch them. We will charge your credit or debit card when we dispatch the products to you. We use a third party payment process provider called Sagepay. When you place an order using our website, Sagepay will use your payment card to process the transaction.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
14. leaving a review on Asian foodie
14.1 You must ensure that any review you post on our website complies with the following standards. If you do not, you will be liable to us and indemnify us for any breach of those standards. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
14.2 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Reviews must: Be accurate (where they state facts); Be genuinely held (where they state opinions); Comply with applicable law in the UK and in any country from which they are posted. Contributions must not: Contain any material which is defamatory of any person; Contain any material which is obscene, offensive, hateful or inflammatory; Promote sexually explicit material; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Infringe any copyright, database right or trade mark of any other person; Be likely to deceive any person; Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Promote any illegal activity; Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; Be likely to harass, upset, embarrass, alarm or annoy any other person; Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; Give the impression that they come from us, if this is not the case.
14.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties.
14.4 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products, including passing it to Sagepay, our payment processor; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. Other important terms
16.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and any mandatory local consumer laws which may not be lawfully excluded in the country to which delivery of the products is to be made. 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.
16.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Model Cancellation Form
To Ly Hong Ltd, trading as Asian Foodie, Customerservice@asianfoodie.uk
I hereby give notice that I cancel my contract of sale of the following food/drink products:
Name of consumer:
Address of consumer: