Terms and Conditions of MJN Enterprise Limited
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.healthymummies.co.uk (our site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox 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 site.
1. INFORMATION ABOUT US
We operate the website www.healthymummies.co.uk. We are MJN Enterprise Limited, a company registered in the UK.
2. SERVICE AVAILABILITY
Our site is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland (Serviced Countries). We do not accept orders from individuals outside those countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old;
you are resident in one of the Serviced Countries; and
you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order on our standard order form, 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 listed on our site. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the offer to purchase the Product has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those Products which we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
5. CONSUMER RIGHTS
You may deactivate a contract at any time, however you must provide notice of 14 working days. To deactivate you must email firstname.lastname@example.org by 5pm on a working day.
5.2 Right to deactivate
You have the right to deactivate this contract within 14 days of the invoice date without giving any reason. The deactivation period will expire after 14 days from the day of the invoice date.
To exercise the right to deactivate, you must inform us via email to email@example.com of your decision to deactivate this contract by a clear statement (e.g. a letter sent by e-mail). You will need to provide the name of the customer, invoice number and the product to deactivate.
To meet the deactivation deadline, it is sufficient for you to send your communication concerning your exercise of the right to deactivate before the deactivation period has expired.
5.3 Effects of deactivation
If you deactivate this contract within 14 days of the invoice date, we will reimburse to you all payments received, excluding any payment processing charges and costs incurred to supply the products to you.
We will make the reimbursement without undue delay, and not later than 14 days after the deactivation date.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the delivery containers back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, cooked food and beverages are exempt from the right to withdraw.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled for the period of the order (e.g. 28 days) from the commencement date as set out in the Order Confirmation or, if no delivery date is specified in the Order Confirmation, then from the expected labour delivery due date as a commencement date confirmed in writing via email to firstname.lastname@example.org or email@example.com, unless there are exceptional circumstances.
We will deliver your Products within the specified delivery window to your home address only. You are expected to be contactable via all normal forms of communication (e.g. phone or email) in case of any issues with locating your home address or unprecedented delays. If in the event that we are not able to contact you via all normal forms of communication during the specified delivery window, the Products will be returned and destroyed for health and safety reasons. No refunds will be made where Products are returned and destroyed as a result of not being able to contact you during the specified delivery window.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices include VAT.
Product prices and delivery charges are liable to change at any time.
Payment for all Products and Services must be by PayPal.
All voucher codes have its own specific terms regarding number of usage, expiry date, discount amounts, applicable products. The below points covers all voucher codes issued.
- The number of orders that can be placed using the voucher code per customer depends on the terms of each individual voucher code.
- MJN Enterprise Limited reserve the right to refuse to accept a qualifying order if they suspect a misuse or abuse of the voucher code.
- Each voucher code can only be redeemed online, and has its own redemption validity period which will be stated during the issuance of the voucher code.
- Voucher code availability depends on the terms of each individual code.
- Voucher code must be used at the time of ordering and cannot be used retrospectively.
- The voucher code(s) may be updated, amended or withdrawn at any time.
The following items which are used to supply our products to you must be returned to us in the same condition as it was supplied to you. In the event that this is not returned to us, the following penalty charges will be invoiced to you:
- Uncleaned insulated bento containers £5 per day
- Missing insulated bento container £30 per item
- Missing tea container £10 per item
- Missing jute bag £5 per item
9. OUR REFUNDS POLICY
If you are unhappy with your meal and/or tea package(s) for a legitimate reason such as: the delivery was missing dishes, the quality of the dishes were below an acceptable standard. We can offer (a) a refund for the particular delivery session(s) which was unsatisfactory or (b) a refund for the remaining package period with a 7 day notice, and the refund amount will be the remainder of the package minus the 7 day notice period due to costs already incurred in servicing your package.
We warrant 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.
11. OUR LIABILITY
Subject to clause 11.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
Nothing in this agreement excludes or limits our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
Defective products under the Consumer Protection Act 1987; or
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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.
All notices given by you to us must be given to MJN Enterprise Limited at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees.
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.
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.
15. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
If you post comments on the Products or Articles to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Products you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
16. EVENTS OUTSIDE OUR CONTROL
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).
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:
Strikes, lock-outs or other industrial action;
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;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
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.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
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.
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).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22.1 Medical disclaimer
The content of the Web Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Web Site, whether provided by Healthy Mummies, its content provides, visitors to the Web Site or others, is solely at your own risk.
23. ALLERGEN INFORMATION
Under the Food Information Regulations 2014, we are required to inform you of any of the allergens used in foods sold and provided by us. Our meals and tea packages will contain the following allergens: celery, gluten, eggs, fish, molluscs, nuts, sesame oil and soya. Our meals and tea packages are prepared in areas where the allergenic ingredients listed by the Food Information Regulations 2014 are present, and we are not able to 100% guarantee that our products are free of allergens. You are required to inform us if you are affected by any of the allergenic ingredients listed by the Food Information Regulations 2014.