INTRODUCTION
These terms and conditions establish the agreement between you, the User of the Ted’s Veg website (including any sub-domains, unless expressly excluded by their specific terms and conditions), and Ted’s Veg, the proud owner and operator of this Website. Please take a moment to carefully review these terms and conditions, as they have significant implications for your legal rights. Your acceptance and commitment to abide by these terms and conditions are considered effective upon your initial use of the Website. Should you disagree with any part of these terms and conditions, we kindly request that you discontinue your use of the Website immediately.
Within these terms and conditions, the term “User” or “Users” refers to any third party who accesses the Website and does not fall within either of the following categories: (i) individuals employed by Ted’s Veg, acting within the scope of their employment; or (ii) consultants or individuals providing services to Ted’s Veg, accessing the Website as part of their service provision.
Please note that you must be a minimum of 18 years old to utilize this Website and subscribe to Ted’s Veg services. By accessing and using the Website, you confirm and warrant that you meet this age requirement.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
1. Ownership of Website Content
All content featured on the Website, unless contributed by Users, is the exclusive property of Ted’s Veg, our affiliates, or other pertinent third parties. In the context of these terms and conditions, “Content” encompasses text, graphics, images, audio, video, software, data compilations, page layout, underlying code, software, and any other form of information that is capable of being stored in a computer and is visible on or constitutes part of this Website. Your continued use of the Website signifies your acknowledgment that such Content is safeguarded by copyright, trademarks, database rights, and other intellectual property rights. No aspect of this site should be interpreted as conferring, either implicitly, through estoppel, or otherwise, any license or entitlement to use any trademark, logo, or service mark displayed on the site without the prior written consent of Ted’s Veg.
2. Limited Personal Use
You are permitted, solely for your personal, non-commercial purposes, to engage in the following activities:
a. Retrieve, display, and view the Content on a computer screen
3. Restrictions on Use
You are expressly prohibited from reproducing, altering, copying, distributing, or utilizing the Content for commercial purposes without obtaining the prior written consent of Ted’s Veg.
PROHIBITED USE
While using the Website, you are strictly prohibited from engaging in the following activities:
a. Any action that may, or has the potential to, cause harm to the Website or disrupt another person’s ability to use or enjoy the Website.
b. Engaging in any activities that are harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable, or that contravene any relevant law, regulation, or governmental order.
c. Creating, transmitting, or storing electronic copies of Content that is protected by copyright without obtaining prior permission from the owner.
REGISTRATION & SUBSCRIPTIONS
5. Accuracy of User Information
It is imperative that you verify the accuracy and completeness of the information provided during your registration or at any subsequent point in time.
6. Prompt Notification of Changes
You are required to promptly notify us of any alterations to the information you supplied during registration. This ensures that we can maintain effective communication with you.
7. Registration Suspension or Cancellation
We retain the right to promptly suspend or cancel your registration for reasonable reasons. This includes, but is not limited to, situations where you reside outside our delivery area or where you are found to be in breach of these terms and conditions.
8. Subscription Cancellation
You have the liberty to cancel your subscription at your convenience through the ‘manage subscriptions’ page within your account. If you desire to completely delete your account, please direct an email to enquiries@tedsveg.co.uk. It’s important to note that canceling or suspending your subscription does not affect your statutory rights.
PAYMENT
9. Payment for Ted’s Veg Subscription Boxes/Products
If you wish to purchase a subscription box or products from Ted’s Veg, it is imperative that you provide Ted’s Veg with accurate credit or debit card details bearing either the MasterCard or Visa symbol. Please ensure that any changes to these payment details are promptly updated within the specified deadlines on the Website. You can modify your payment details by accessing the ‘My account’ section on the Website or by contacting us through the provided contact information.
10. Payment Information Security
We store redacted payment information for administrative purposes, and we take rigorous measures to ensure the security of these details. Your complete payment card details are encrypted, stored, and processed by a fully PCI compliant third-party provider, rendering them inaccessible to any employees of Ted’s Veg or any other third party. Your payment information is used for automatic payment processing upon registration to facilitate regular orders.
11. Payment Processing Timing
Our payment request to your bank will be submitted at 10:00 AM four days prior to your scheduled delivery date. For example, if your delivery date falls on Fridays, the initial payment attempt will occur at 10:00 AM on Mondays.
12. Suspension and Termination due to Payment Issues
Ted’s Veg reserves the right to suspend deliveries to you and/or terminate our agreement with you under circumstances where we are denied payment authorization by your card issuer or if we reasonably anticipate payment refusal. You agree to fully compensate us for any and all reasonable costs and expenses, including reasonable legal costs, incurred in obtaining outstanding payments from you, which you have not made in accordance with the terms outlined in these Terms and Conditions.
13. Suspension of Website Changes After Payment Rejection
In the event of payment rejection by your bank, we may temporarily suspend your ability to modify, cancel, or add to your orders through our website. To regain access to order adjustments, you must contact us to arrange payment and await confirmation of successful payment processing. However, you retain the option to alter orders by sending us an email (contact details are available on the website), during our office hours and subject to our order deadlines.
PRODUCT PURCHASES
14. Placing Orders
For Ted’s Veg home boxes/products, you may place orders using our online ordering system on the Website at any time after creating an account. All communications and the ordering process will be conducted in the English language. For home boxes, our online facility enables you to review and make any necessary corrections to your order before submission. By submitting the order, you confirm that any corrections have been made.
15. Shopping Basket and Order Review
For Ted’s Veg home boxes/products, each product added to your order will be placed in a ‘shopping basket.’ You can review the quantity, delivery date, and order frequency of each item in your basket by clicking the basket icon. At this stage, you have the option to make changes or cancel the purchase of individual products at any time before clicking ‘Checkout securely.’ After clicking ‘Checkout securely’ and upon our acceptance of your order, items will be added to your delivery, including any previously ordered items. You can continue to review and make amendments to your order until the cut-off deadlines mentioned in your account.
16. Special Offers and Discounts
Our opening offers are valid for use only once per customer and/or delivery address. These offers cannot be combined with any other promotions and are exclusively available for delivery to UK addresses within Ted’s Veg delivery areas. Please note that the Fruit Booster box and XSFV box are excluded from all discount offers.
17. Right to Refuse Application
We retain the absolute discretion to refuse any application to join us or receive our services for any reason whatsoever.
18. Order Confirmation and Contract
Your submission of an order constitutes an offer to enter into a contract to purchase products from us. Subject to paragraph 17, once an order is submitted, you cannot withdraw or cancel it except as outlined below.
19. Acceptance of Order and Contract Formation
For Ted’s Veg home boxes/products, your order is accepted when our website displays an order confirmation message after you click ‘Checkout securely’ on the shopping basket ‘order summary’ page. When ordering by email for Ted’s Veg office boxes, your order acceptance (or rejection, if applicable) will be communicated in writing by our staff. A contract for the sale of Products by Ted’s Veg to you is formed upon our acceptance of your order.
20. Product Availability
While we make every effort to fulfill your order, product availability is subject to market conditions and availability, and we cannot always guarantee the availability of a product at the time of order acceptance. If we cannot deliver an item you ordered, we may propose a reasonable substitute. You have the option to reject the substitute within seven days of receiving the product, and you will not be charged for it. In case you have already paid, a full refund will be issued. If a substitute is not offered, the product will be removed from your order to avoid charges or, if you have already paid, a refund will be issued. However, we bear no liability for product unavailability.
21. Price
The price charged for Products will be the price displayed on the Ted’s Veg website before clicking the ‘Checkout securely’ button or as agreed upon in writing via email, subject to clause 22 below.
22. Seasonal Price Variations
All products offered by Ted’s Veg are subject to seasonal changes in supply levels and prices. For subscription customers, prices for certain products may differ from the initial order price. Prices for subscription products will be those listed on our Website. It is recommended to regularly check the Website for price updates.
23. Payment Obligation
Ordering a Product from Ted’s Veg obligates you to pay for it unless we receive a cancellation or modification notice before the specified cut-off deadlines (as indicated on your account for home customers or as mentioned above for office customers). For clarification on these deadlines, you can contact us via email. You are responsible for ensuring that any changes or cancellations are both submitted and received by us before the deadline. We reserve the right to deliver and charge for any order unless we have received cancellation notice before the published cut-off deadline. Properly canceled orders will result in a credit applied to your account for any payments made.
24. Fraudulent Use of Payment Card
In cases of fraudulent use of your payment card by an unauthorized party, not acting on your behalf, you are entitled to cancel a payment for products. If you have already made such a payment, please contact your card issuer for a recredit to your card.
25. Pricing Inclusive of VAT
All product prices are inclusive of applicable VAT.
DELIVERY OF PRODUCTS AND INSPECTION BY YOU
26. Delivery and Address
We will deliver to the address specified when you establish or update your account. Please note that we may not deliver to all locations, and we will inform you during the account registration process whether we can deliver to your address. It is your responsibility to make suitable arrangements to receive your delivery and provide us with appropriate instructions. In cases where your delivery is stolen from your doorstep or damaged while there, we do not accept liability and will offer compensation at our discretion. We retain the right to refuse orders from any customer, and delivery concerns may result in such a refusal. Any changes to address details must be made before the order deadlines published on our website.
27. Delivery Day
While we aim to maintain your delivery day, we reserve the right to change it temporarily or permanently, and we will notify you of any such changes.
28. Holding a Key
If an agreement is reached for us to hold a key to your premises and deliver products to a specified location within those premises using the key, the following terms apply:
– We will take reasonable measures to securely hold the keys.
– We will make reasonable efforts to deliver the products to the agreed location within the premises.
– Except for losses, damages, or costs resulting from our negligence regarding the handling and use of your keys (for which we shall be liable for foreseeable losses, damages, and costs at the time of contract formation), we shall not be liable for any losses, damages, or costs (whether in contract or tort) arising from our holding and use of your keys.
– This provision does not limit or exclude our liability for death or personal injury or damage to property caused by our negligence or wilful misconduct.
Delivery charges may apply, where applicable.
29. Unforeseeable Delivery Issues
If we are unable to deliver to you or experience delays due to reasons beyond our control (e.g., adverse weather conditions, strike actions, vehicle breakdown, traffic congestion, or supplier failure), we cannot accept liability for any inconvenience or loss caused. Rest assured, we will not charge for products unless they have been successfully delivered, and we will either issue a credit to your account or refund the full amount for undeliverable products.
30. Incorrect Products
We will not charge you for incorrect products (i.e., products you did not order or unacceptable substitutes) or products not delivered in accordance with these Terms and Conditions. Our liability for incorrect delivery is limited to the price of the incorrect products or undelivered products.
31. Inspection of Products
It is your responsibility to inspect the products promptly upon delivery. If you identify any defects within a maximum of seven days from the delivery date, please notify us by email or in writing using the contact information provided below. We will refund the full amount charged for defective products. Otherwise, our liability is limited as described in paragraphs 50 to 52.
32. Food Safety Precaution
I understand the importance of thoroughly washing my fruit and vegetables before consumption.
33. Allergen Cross-Contamination
I acknowledge that while Ted’s Veg handles a variety of produce on-site and takes every measure to prevent cross-contamination, it’s possible that Ted’s Veg suppliers handle other allergens, posing a risk of cross-contamination from celery, celeriac, and other allergens.
34. Allergen Exclusions
I understand that I can use the three exclusions provided to remove allergen-specific products from my box, but this will not eliminate the possibility of cross-contamination.
35. Allergen Awareness
I understand that last-minute changes and packing errors can occur, and if anyone in my household has allergies, I should inspect my box upon receipt for allergen-related concerns.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
As Ted’s Veg Products consist of fresh and perishable food items, the standard right to return goods within 14 days of receipt for a change of mind does not apply. This is due to the likelihood that the food may have a best-before date within a few days of delivery.
You do have the right to cancel an order (or the entire subscription) either directly on your account online or by email during our normal business hours of 9 am to 6 pm. To exercise this right, you should notify us before the specified cut-off time (please refer to our contact details below). Upon notification, we will cancel your order without charging you. It’s important to specify whether you wish to cancel only your upcoming order(s) or your entire subscription with Ted’s Veg.
Right of Return and Refund for Defective or Not-as-Described Products:
As a consumer, you have legal entitlements regarding the quality and description of the Products. If the Products delivered to you by Ted’s Veg are defective or not as described on our Website, please contact us promptly to report the issue (preferably within seven days from receiving the Products). If possible, provide photographic evidence of the defective or misdescribed Product, as it will facilitate the refund process.
We may request you to safely dispose of the affected Product. If we acknowledge that it is indeed defective or not as described (acting reasonably), we will offer you the option of an exchange or a full refund of the Product’s price.
We will initiate the refund within 14 days, starting from the earlier of the following:
– The day we receive the returned Product from you.
– The day you provide us with satisfactory evidence of having sent the Product back to us.
– The day you provide us with acceptable evidence of the Product’s defect or misdescription, and we agree that you can safely dispose of the Product.
While we strive for perfection with our Products, occasional minor errors may occur (e.g., missing one product or substituting a red pepper for a yellow pepper). In such cases, we retain the discretion to determine the refund amount. We will exercise reasonable judgment and may offer a partial refund or a voucher as appropriate.
Refunds will be issued using the same method of payment you used for the original transaction.
Your Legal Rights:
Information about your legal right to cancel the Contract can be obtained from your local Citizens’ Advice Bureau or Trading Standards office. These legal rights remain unaffected by your right of return and refund as described in this section or any other terms and conditions outlined herein.
PRIVACY POLICY
36. Your use of the Website is also subject to our Privacy Policy, as outlined below.
37. At Ted’s Veg, we are dedicated to safeguarding the privacy of our website visitors and those who communicate with us electronically. This privacy policy explains the handling of personal data you choose to provide or that we collect during your visit to this website. We will use any information collected about you in accordance with applicable Data Protection Laws. Please note that we may periodically update this policy, so it’s advisable to revisit and review it from time to time.
Ted’s Veg operates as the data controller for the purposes of Data Protection Laws.
For reference, “Data Protection Laws” refers to the European Union’s General Data Protection Regulation 2016/679 and the UK GDPR. The UK GDPR represents the UK’s adaptation of the EU GDPR, which has been incorporated into UK law through the Data Protection Act 2018 and the Data Protection, Privacy, and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419).
38. Information We Collect:
a. While managing and operating this Website, we may gather and process specific data and information related to you and your interaction with this site. Below are details of this data and information:
i. We collect and retain information provided by you through forms on our Website or apps, such as your contact data (name, address, email address, phone number), or when you communicate with us via email or other means.
ii. We may also collect and store your IP address (customer behavior data) to enhance your shopping experience by suggesting suitable products based on past purchases.
iii. Your bank card details (payment information) are collected to facilitate payment processing and refunds.
iv. We collect survey data (e.g., biannual survey) that may include household composition (number and age group of children), age (age group, not birthdate), gender, and food preferences/allergies. This information helps us understand our diverse customer base and make improvements accordingly.
Under Data Protection Laws, our use of contact and payment data to fulfill orders is based on the “contractual” lawful basis. When using contact, survey, or customer behavior data for marketing purposes, the lawful basis is either “consent” or “legitimate interest.” For further information, please contact us using the provided details in this privacy notice.
39. How We Use Your Information:
i. “Contact data” is used to provide our services, such as sending service messages, account/order-related communication, and order fulfillment. “Payment information” is used for payment processing and refunds.
ii. With your consent, we may utilize your “contact data” to send marketing emails, mailings, calls, or SMS with information about our products, services, special offers, promotions, and to recommend recipes to improve your experience.
iii. We use your IP address to recognize your visits to our Website or apps, allowing us to track anonymized traffic and usage patterns, detect or prevent fraud, and enhance our service, often through the use of cookies.
iv. If you provide us with a friend’s email address for our “Refer A Friend” program, we will use that email to send your friend a special offer. Your name will be included in the offer email, so your friend knows how we obtained their contact information. Please review the terms of our referral program here.
v. We retain your data for up to 36 months after your last order. This is done to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect outstanding fees, resolve disputes, troubleshoot issues, assist with investigations, and take other lawful actions.
40. Storage and Transfer of Your Data:
Your information is stored in our database, and by submitting your personal data, you consent to its transfer, storage, and processing. We take reasonable precautions to ensure the security and proper handling of your data in accordance with this privacy policy. Your data may be transferred, stored, and/or processed outside the UK and the EEA, as GetSwift Inc. operates from outside these regions. Any data transfer outside the UK and/or the EEA complies with Data Protection Laws and includes appropriate safeguards to protect your data.
41. Third-Party Access to Your Data:
We may grant third-party access to your personal data when they provide us with services. Examples include e-commerce platform providers, couriers (for delivering goods), website hosts, content delivery networks, and businesses that support our communications or monitor our Website. We share your payment information with Stripe (our payment gateway) for processing payments and refunds, your contact details with Klaviyo for sending our newsletter, and your contact details with Xero Ltd to issue invoices for services we provide to our clients. Our payment partners may provide your personal data to relevant third parties, including credit reference and fraud prevention agencies, who may maintain a record of this information. We may disclose personal data as necessary to enforce our terms and conditions, protect ourselves or others, address complaints about content you have posted, or comply with legal or regulatory requirements.
42. Your Rights:
i. Update / Rectify Your Information: You can easily correct or change various personal information on the “My Account” page by logging into your account on our Website or apps. This includes your first name, last name, email address, phone number, payment details, billing address, and delivery address. Alternatively, you can contact us at enquiries@tedsveg.co.uk.
ii. Opt Out of Marketing Communications: To opt out, simply email us at enquiries@tedsveg.co.uk.
iii. Access Your Information: You have the right to request access to your personal data held by us, subject to us retaining the right to withhold data as permitted by law. Contact us at enquiries@tedsveg.co.uk.
iv. Delete Your Information: You can request the deletion of all your personal data held by us. Contact us at enquiries@tedsveg.co.uk.
If you have any questions or requests related to your data and Ted’s Veg, please contact us at enquiries@tedsveg.co.uk.
AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
43. Any online facilities, tools, services, or information provided by Ted’s Veg through the Website (referred to as the Service) are offered “as is” and on an “as available” basis. We do not warrant that the Service will be free of defects or faults. To the extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality. Ted’s Veg has no obligation to update information on the Website.
44. While Ted’s Veg takes reasonable measures to ensure the security and error-free operation of the Website, as well as protection against viruses and malware, we do not provide any warranty or guarantee in this regard. All Users are responsible for their own security, the security of their personal details, and the security of their computers.
45. Ted’s Veg is not liable for any disruptions or unavailability of the Website.
46. Ted’s Veg reserves the right to modify, suspend, or discontinue any part or the entirety of the Website, including but not limited to any products and services offered. These terms and conditions remain applicable to any modified version of the Website, unless expressly stated otherwise.
LIMITATION OF LIABILITY
47. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
48. Ted’s Veg will not be liable to you for any losses arising out of events beyond our reasonable control.
49. To the maximum extent permitted by law, Ted’s Veg accepts no liability for any of the following:
i. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
ii. Loss or corruption of any data, database, or software;
iii. Any special, indirect, or consequential loss or damage.
GENERAL
50. You may not transfer any of your rights under these terms and conditions to any other person. Ted’s Veg may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
51. These terms and conditions may be varied by Ted’s Veg from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
52. These terms and conditions, together with the Privacy Policy, contain the entire agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.
53. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of these terms and conditions.
54. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
55. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
56. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
COOKIE POLICY
57. Our website uses cookies to help analyze how users use the site and to assist us in improving our service. This enables us to further our mission of reducing food waste, supporting fair returns for farmers, and providing consumers with fresh and healthy produce. Below, you will find detailed information on how we use cookies.
58. If you wish to learn more about how we handle your personal data, please refer to our Privacy Policy (above). We are dedicated to safeguarding your privacy rights and respecting your individual rights. If you believe that we ever fall short in this regard, please do not hesitate to contact us. We will gladly address your concerns and inquiries.
What is a cookie?
A cookie is a text file that is stored on your computer or mobile device by a website’s server, provided you agree. Only the server that placed the cookie can retrieve or read its contents. Each cookie is unique to your web browser and typically contains anonymous information such as a unique identifier and the site’s name. Most web browsers allow you to control how and when cookies are accepted, and more information about cookies can usually be found in your browser’s help pages. However, please be aware that if you choose to decline cookies, you may not be able to fully experience all the features of the Ted’s Veg website or other websites you visit.
How does Ted’s Veg use cookies?
Ted’s Veg utilizes cookies for various purposes, including:
Strictly necessary cookies: These cookies are essential for the operation of our website, enabling you to navigate the site, use a shopping cart, or utilize e-billing services.
Analytical/performance cookies: These cookies help us recognize and count the number of visitors and understand how they move around our website. This information aids in improving the website’s functionality and user experience.
Functionality cookies: These cookies recognize you upon your return to our website, allowing us to personalize content, greet you by name, and remember your preferences.
Targeting cookies: These cookies record a user’s visit to a website, the specific pages visited, and the links followed. If set by a third party, such as an advertising network, they may also track a user’s activity across different websites to create profiles for targeted online advertising.
The information collected through cookies is anonymous, and we do not use any statistical analytics tools to track or collect personally identifiable information about our website visitors or associate IP addresses with other personal data, unless explicitly provided by you through a fill-in form on our website.
What if I don’t want cookies?
You have the option to restrict or block web browser cookies set on your device through your browser settings. You can receive notifications when cookies are sent to your browser or choose to refuse cookies altogether. Additionally, you can delete existing cookies. Your browser’s Help function will provide instructions on how to perform these actions. For more information on disabling cookies, you can visit www.aboutcookies.org.
For a deeper understanding of cookies and how to manage them, you can visit the Interactive Advertising Bureau (IAB) website, an industry body that offers explanations on how cookies work and how to control them. Their web pages provide comprehensive information on the topic.