1.1What these terms cover. These are the subscriber terms and conditions on which we supply a monthly delivery of our products to you through our website at www.halalgoodies.co.uk (our site).
1.2Why you should read them. Please read these terms carefully before you subscribe with us. These terms tell you who we are, how we will provide the 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.
2INFORMATION ABOUT US AND HOW TO CONTACT US
2.1Who we are. We are New Ummah Limited trading as Halal Goodies, a limited company registered in England and Wales. Our company registration number is 07775622 and our registered office is at International House, 24 Holborn Viaduct, City of London, London, England, EC1A 2BN. Our registered VAT number is [INSERT VAT NUMBER].
2.2How to contact us. You can contact us by telephoning our customer service team at [INSERT NUMBER], by emailing us at email@example.com, or by writing to us at [INSERT RELEVANT POSTAL ADDRESS].
2.3How 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
3.1How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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.
3.3Your subscription number. We will assign a subscription number to you and tell you what it is when we accept your order. It will help us if you can tell us this number whenever you contact us about your subscription.
3.4We only sell to the UK. Our site is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4.1Products may vary slightly from their pictures. The images of the products on our site 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.
4.2Product packaging may vary. The packaging of the product may vary from that shown in images on our site.
4.3[Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our site or by contacting us.]
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
6.1Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements [EXPLAIN ANTICIPATED PRACTICAL EFFECTS OF POSSIBLE CHANGES]; and
- to implement minor technical adjustments and improvements. These changes will [not affect your use of the product OR [EXPLAIN IMPACT]].
6.2More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our site, 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:
- [INSERT DETAILS OF CHANGES].
7.PROVIDING THE PRODUCTS
7.1Delivery costs. The costs of delivery will be as displayed to you on our site.
7.2When we will provide the products. During the order process we will let you know when we will provide the products to you, and we will also tell you during the order process when and how you can end the contract. You will receive the products once a month, either:
- around the 27th day of the month in which you placed the order, if you placed your order before the 20th day of the month; or
- around the 27th day of the month after the month in which you placed the order, if you placed your order after the 20th day of the month.
We will continue to supply the products to you on a monthly basis until either you end the contract as described in clause 8, or we end the contract by written notice to you as described in clause 10.
7.3We 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[Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of [INSERT HOURS] on weekdays (excluding public holidays) [and Saturdays].]
7.5If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6If 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. If we do this, 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.
7.7When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you gave us [or you [or a carrier organised by you] collect it from us].
7.8When you own the products. You own the products once we have received payment in full.
7.9What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, [INSERT TYPE OF INFORMATION, FOR EXAMPLE STYLE OR COLOUR]. If so, this will have been stated in the description of the products on our site. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
7.11Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the product [for longer than [INSERT PERIOD] in any [INSERT PERIOD]], we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [INSERT PERIOD], and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.YOUR RIGHTS TO END THE CONTRACT
8.1You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the products you have bought, and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or to get some or all of your money back), see clause 11;
- 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;
- 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 cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2Ending 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:
- we have told you about an upcoming change to the products or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [INSERT PERIOD]; or
- you have a legal right to end the contract because of something we have done wrong.
8.3Exercising 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. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4[Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by New Ummah Limited of International House, 24 Holborn Viaduct, City of London, London, England, EC1A 2BN to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|4 day period to change your mind.||[INSERT NUMBER] day period to change your mind.|
|Consumer to pay costs of return.||We pay the costs of return.|
8.5When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- [products which are made to your specific requirements, or which are personalised or are otherwise bespoke];
- [products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them]; and
- [any products which become mixed inseparably with other items after their delivery].
8.6How long do I have to change my mind? You have until [14 OR [INSERT NUMBER] days after the day you (or someone you nominate) receives the first delivery of the products.
8.7Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. If you want to end the contract in these circumstances, just contact us to let us know. You can cancel your subscription any time before the re-billing date, which is the 5th day of each calendar month, by emailing us at firstname.lastname@example.org. If you do this, then:
- if your subscription is on a month-to-month basis, the contract will end [one business day] after the day on which you contact us. We will refund any payment you have made for undelivered products; however we will charge you the price stated on our site in relation to any products we have already delivered;
- if your subscription is on a three-month basis, the contract will end [one business day] after the day on which you contact us. We will refund any advance payment you have made for undelivered products; however we will charge you the price stated on our site in relation to any products we have already delivered, and will refund the balance to you.
9.HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on [INSERT NUMBER] or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form [INSERT LINK TO ONLINE FORM] on our site.
- By post. Print off the form [INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2Returning 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 post them back to us at [INSERT APPROPRIATE ADDRESS] or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on [INSERT NUMBER] or email us at firstname.lastname@example.org for a return label or to arrange collection. 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.
9.3When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, 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
- [if you are exercising your right to change your mind].
In all other circumstances [(including where you are exercising your right to change your mind)], you must pay the costs of return.
9.4What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see [INSERT LINK TO CHARGES].
9.5How 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.
9.6Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- 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.
- 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.
9.7When 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:
- If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 9.8.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.OUR RIGHTS TO END THE CONTRACT
10.1We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- [you do not make any payment to us when it is due and you still do not make payment within [INSERT NUMBER] days of us reminding you that payment is due]; or
- [you do not, within a reasonable time, allow us to deliver the products to you or collect them from us].
10.2You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 above, 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.
10.3We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will let you know at least [INSERT PERIOD] in advance of our stopping the supply of the products, and will refund any sums you have paid in advance for products which will not be provided.
11.IF THERE IS A PROBLEM WITH THE PRODUCT
11.1How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can telephone our customer service team at [INSERT NUMBER], emails us at email@example.com, or write to us at [INSERT RELEVANT POSTAL ADDRESS].
11.2[Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please, visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your products your legal rights entitle you to the following:
- up to 30 days: if your products are faulty, then you can get an immediate refund.
- up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on [INSERT NUMBER] or email us at firstname.lastname@example.org for a return label or to arrange collection.
12.PRICE AND PAYMENT
12.1Where to find the price for the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order and subscribed with us. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the products you order.
12.2We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
12.3What 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.
12.4When you must pay and how you must pay. We accept payment with MasterCard, VISA, VISA Debit, VISA Electron, and Maestro. We do not currently accept American Express cards. When we charge your credit or debit card will depend on whether your subscription is on a month-to-month or three-monthly basis:
- If your subscription is on a month-to-month basis: at the time of subscribing (which is when you first place your order), the first payment will be taken immediately at that point. From then onwards, we will re-bill you on the 6th day of each month that follows (which will always be after you have received your products for that month), until such time as the contract is terminated by either you or us; or
- If your subscription is on a three-monthly basis: at the time of subscribing (which is when you first place your order), the first payment will be taken immediately. From then onwards, we will re-bill you on the 6th day of the month after you have received three goodies boxes from us, and we will continue bill you in this way at three-monthly intervals until such time as the contract is terminated by either you or us.
13.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1We 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.
13.2We 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3We 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.
14.HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- 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.OTHER IMPORTANT TERMS
15.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within [INSERT PERIOD] of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2You need our consent to transfer your rights to someone else [(except that you can always transfer our guarantee)]. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. [However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.]
15.3Nobody 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[, except as explained in clause 15.2 in respect of our guarantee. 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.]
15.4If 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.
15.5Even 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.
15.6Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and 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.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To New Ummah Limited trading as Halal Goodies, [INSERT RELEVANT ADDRESS], [INSERT TELEPHONE NUMBER], [WHERE AVAILABLE, INSERT FAX NUMBER], email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] month-to-month/three-monthly [*] subscription for the following products:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date: [*] Delete as appropriate
© Crown copyright 2013.