TERMS & CONDITIONS
Deligrocery.co.uk and thebroadwaydeli.co.uk are owned and operated by Avocado Food Ltd, which also owns The Broadway Deli and Grocery store.
By using or submitting an order (and any subsequent orders) on this website you are agreeing to the terms that appear below.
To shop online or by phone with us you must be eighteen years of age or over.
These Terms & Conditions were most recently updated on 23 March 2020 and apply to sales to consumers.
1 PURCHASE CONTRACT
1.1 This website is operated by Avocado Food Ltd (“we”, “us” or “our”). By using this website you are bound by these Terms & Conditions. All use and purchases made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes.
1.2 You will receive an order conformation by email when you place an order on this website.
1.3 Please note that the order confirmation does not constitute our acceptance of your order. Subject to our cancellation rights, acceptance of your order and completion of the contract will take place when we despatch the goods to you.
1.4 Any orders placed may be amended or cancelled by the customer at no charge, provided that this is done before the cut-off time which is 23.59 the day before delivery. Any orders that have not been cancelled by this cut-off time are binding, and will be delivered.
1.5 You must be 18 years old or over to place an order online or via phone.
1.6 The law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your agreed delivery time, it is your responsibility to ensure that a suitable person is there to receive the order. We operate a Challenge 25 policy, which means that if the person receiving delivery of alcohol looks under 25, we will request identification. We may also request identification in relation to other age restricted products. We may retain the products if proof of age or an alternative adult is not available.
2 PRICE AND DELIVERY AND PLASTIC BAG CHARGES
2.1a With the exception of goods referred to in clause 2.1(b), the price of such goods will be as quoted at the time you confirm your order. If you subsequently amend your order to add items, the prices charged for new products which were not in your original order will be the prices quoted at the time you confirm your amended order. However, if you add more of the same items which were in your original order, then the prices charged for these items will be the prices quoted at the time you confirmed your original order. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.
2.1b Where items are ordered and sold individually by weight the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed by our supplier. Although we may give an indicative price/kg guide and an indicative product weight guide, this is merely to assist your planning and the price you will be charged is the price prevailing on the date of weighing for the actual weight you receive. In the event that there is a discrepancy between the price/kg at time your order is made and the price/kg at the time the item is weighed by our supplier, the price you will be charged will be the price at the time the item is weighed by our supplier.
2.2 The prices stated are inclusive of any VAT payable.
2.3 Each order you make may include a charge for delivery. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4 There is a minimum order requirement of £35 (excluding delivery charges) for every order placed.
2.5 There is a 5p for each plastic bag used for your delivery.
3 METHODS OF PAYMENT
3.1 Payment may be made by debit or credit card. We may also accept payment by Vouchers where agreed upon. Any refunds arising from an order paid for by vouchers shall be given in vouchers. You cannot pay for your order by cash or cheque.
3.2 If you pay for your order online you agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery days and times will be agreed with you and will be made to the address specified by you. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. In the event we have not agreed the substitute with you either by phone, text or email you may reject the substitute item and we will refund the amount you have been charged for that substitute. We will endeavour to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot agreed. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.6 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
4.7 We will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
4.8 Deliveries are limited to one delivery per day per household.
5 DEFECTIVE GOODS
5.1 We advise that you inspect the goods promptly at the time of delivery and notify us of any defects promptly after delivery. If you discover a product is faulty, please call us on 020 8215 0982 or email email@example.com. If you’ve received an order in the last 48 hours, you can request a refund. On receipt of the goods, we will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods.
5.2 As a consumer, you have certain legal rights regarding the return of faulty or misdescribed goods. Our refund procedure described above does not affect your legal rights in relation to such goods. Our returns policy is in accordance with statutory rights under the Consumer Contracts Regulations. For further information about your legal rights contact your local authority Trading Standards Department, or Citizens Advice.
6 CANCELLATION RIGHTS
6.1 In respect of non-perishable items, you have the right to return the items at any time until the expiry of the 14th working day after the date of delivery of the goods by notifying us by telephone or e-mail (020 8215 0982 / firstname.lastname@example.org). We ask that items are returned to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the goods, unless you are certain that you intend to keep the goods. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of this item to you.
6.2 In the case of perishable items should you wish to cancel your order after the cut off period but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order and the cost of delivery.
6.3 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within 30 days from the date you returned the goods to us (provided payment has already been debited to your payment card). If you choose to return goods by post you will be responsible for the cost of postage.
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms & Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
7.2 We will not be deemed to be in breach of contract or of these Terms & Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes. For more information please see our Privacy Notice [enter link]
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be sent to:
Avocado Food Ltd
9 The Broadway
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms & Conditions. If there is any conflict between the terms of a special offer and these Terms & Conditions, these Terms & Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11 CANCELLATION OF DELIVERIES
11.1 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of these Terms & Conditions or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. In the event that we cancel your order, you will receive text or email notification and will be invited to contact us on 020 8215 0982.
11.2 In the rare event that unforeseen operational or technical issues occur, we may need to cancel or rearrange delivery. If this happens we will endeavour to contact you to arrange an alternative delivery date.
12.1 If any of these Terms & Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through this website and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on this website without our prior written permission.
12.3 These Terms & Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.