Customer Terms and Conditions

The provision of our meals is carried out by Cactus Blooms Limited trading as Home Foodies, a company incorporated and registered in England and Wales, whose registered office is at 20-22 Wenlock Road, London, N1 7GU. Our Company registration number is 12103174 (“Cactus Blooms Ltd” trading as “Home Foodies” or “we”) and you may contact us at hello@homefoodies.co.uk, www.homefoodies.co.uk and any Home Foodies apps are operated by Home Foodies (the “Platform”).

General 

These terms (together with the documents referred to in it) set out the terms (the “Terms”) which apply when you transfer the Payment (defined below) to secure the booking for your Home Foodies Meals (the ” Meals”). Where applicable, any references to ‘you’ include all other individuals consuming the Meals with you. By transferring the Payment, you confirm that you accept these Terms.

Please read these Terms carefully before transferring the Payment. If you have any questions relating to these Terms please contact hello@homefoodies.co.uk

Please print or save these Terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Platform in the same format in the future.

The default method of communication for all correspondence from us (including the ordering process) will be over email, using the email you specify in the order details. Please inform us as soon as possible if there is another email you would like us to contact you on. In certain circumstances we may need to contact you over phone instead.

Home Foodies do not conduct all elements of the services relating to or ancillary to the
Meals and the services we provide depends on the relevant Meals. We use reputable third parties where necessary, for example in relation to delivery and packaging.

Ordering Meals

You place your order by using the ordering process on our Platform. This involves selecting the relevant dishes that make up the Meals and any additional items you wish to include in your purchase and transmitting the order to us by clicking on the relevant order button (the “Order”). This process permits you to check and amend any errors before placing an Order by using the internet browser back button.

You must ensure that your Order and any other information you supply to us is correct and you must promptly update us by email if there are any changes.

Your Order is an offer to buy from us on a one-off or recurring delivery basis. We will send you a confirmation email after your Order and this constitutes our acceptance and is the point at which a binding legal contract is formed.

We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a refund or (if you would prefer) an account credit if you have been charged.

Please ensure that you have read the Allergen Information section of these Terms prior to submitting your Order.

Payment

The price for the Meals and any ancillary products or goods is as stated on our Platform at the time you submit your Order, and a delivery charge is also payable as stated on the Platform. VAT or sales tax is included unless we say otherwise.

You authorise us and our third-party payment providers to take payment and/or to charge your payment card for the relevant amounts at the time you place your Order (the “Payment”). You must have provided us within Payment in full in advance of us beginning to process your Order. We will not begin processing your Order until we have able to charge your payment card in full for the value of the Payment.

You must contact us immediately with full details if you dispute any Payment.

Discount codes and credits

We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery surcharges and any additional clearly marked surcharges associated with the Meals and/or ancillary products or goods listed on the Platform from time to time.

Such codes may only be applied to Orders made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed through the Platform, (2) cannot be used retrospectively, (3) can only be redeemed once per customer. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. The validity period starts from the time the credit is sent to you or allocated to your account. If we have allocated credit to your account, any unused credit on your account will automatically expire if your account is closed. If credit is sent to you in the format of a discount code, any unused credit applicable to the discount code will automatically expire on the date specified on such discount code.

If we offer any refer-a-friend credits, such credits only apply if the referred user is a third party who has been genuinely referred by you on an arm’s length basis and if the delivery address is to a different address to that of the referrer.

If we offer any new user credits, such credits apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.

We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these Terms or is otherwise being abused.

Age Restricted Products

Age restricted products (including, without limitation, alcohol) can only be sold and delivered to persons aged 18 or over. By transferring the Payment for an Order that includes an age restricted product, you confirm that you are 18 years of age or older and that the supply of alcohol shall not be to anyone under the age of 18 years of age. We cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm that you are 18 years of age or older before purchasing such products.

Home Foodies operates an age verification policy whereby customers ordering age restricted products may be asked by our delivery partner to provide proof that they are aged 18 or over before the delivery is completed.

Our delivery partner may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The delivery partner may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will not be entitled to any refund for the relevant Meals/or for delivery or other surcharges levied.

Minor Variations in Goods

We will take reasonable care to ensure that representations and descriptions of the Meals appearing on our Platform or in any of our marketing materials are correct, although these may be subject to minor variations where necessary.

The labelling or packaging of the Meals you receive may differ from the images of these which you see on our site.

Allergen Information

The food for the Meals is prepared and packed in a shared kitchen where all 14 allergens prescribed by government guidelines are handled and, therefore, all the food may contain traces of all allergens.

We have strict food safety measures & procedures in place and take great care when preparing orders for our customers. However, because of our production and packing methods, our boxes may contain low levels of allergens and neither we nor any of our partners or suppliers accept any liability for allergic reactions or for any errors relating to dietary requirements. 

If you’re looking for allergen information before choosing the dishes and/or other elements making up your Meals, click on the relevant dish or other product you’re interested in on the website and you’ll see allergen ingredients listed. Please note that this is not an exhaustive list of dietary requirements or allergens.

For these reasons, the Meals are unsuitable for those with severe allergies.

If you have further questions regarding allergens or dietary requirements, please contact hello@homefoodies.co.uk prior to submitting your Order.

Delivery 

Our delivery capabilities vary depending on who is fulfilling delivery of the Meals included in your Order. We will determine how to deliver your order, and any applicable delivery charges will be clearly communicated before you check out. We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.

Although rare, there can be circumstances outside of the control of Home Foodies and our couriers, which can lead to some orders experiencing delays of up to 24 hours. We have taken steps to ensure your delivery will still arrive chilled and safe to consume. If you experience delays greater than this, please contact our customer support team who will be happy to help.

Unfortunately, if you live outside London we aren’t able to deliver to you at the moment.

Orders submitted for locations that we cannot deliver a Meal to will be cancelled. Where we have to cancel an Order, we will refund you the value of the Payment although we may in our absolute discretion deduct a £15 administrative fee from such a refund.

Delivery will be complete when we or our deliver partner delivers to the address which the relevant Recipient specifies in the Order (regardless of whether anyone has actively received the delivery). Unless otherwise stated, delivery dates given on our Platform or in any correspondence are estimates only. We have no liability for any losses arising from delay in delivery.

Where a delivery ETA is provided by our delivery partner, it is intended only as an indication of when the shipment is likely to be delivered and is not a binding commitment that it will delivered within the estimated window.

If nobody is available to receive the Meals at the specified address provided in the Order, we will instruct our delivery partners to leave the Meals with a neighbour or to leave it in what they deem to be a safe space (being somewhere not visible from public place). If the delivery partner (in their absolute discretion) believes that neither of these options are viable, they may take the parcel away with them for re-delivery or to a collection depot. If you receive a notification from us or the delivery partner confirming that the delivery was delayed and/or the package was taken to a collection depot, it is your responsibility to arrange its re-delivery or collection.

We accept no liability for spoiled, damaged, lost, or otherwise affected Meals as a result of your inability to receive the delivery on the nominated date of delivery including but not limited to a situation where the delivery partner has left the Meals with a neighbour or in a safe space.

Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.

If you need to change the delivery location specified in the Order after this has been submitted, you must inform us in writing and we may be able to change to the address to an alternative one. However, if we are unable to do so then we are under no obligation to cancel the order or to provide you with a refund.

During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren’t able to refund or offer re-delivery of affected orders.

Refunds

You have a legal right to receive goods which comply with their description, and which are of satisfactory quality. If you believe that the items in the Meals that you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the relevant Meals.

We will act reasonably in relation to any refunds and where reasonably required will provide a refund or credit voucher in respect of the affected part of the Meals, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. It is entirely within our discretion as to whether we issue a refund or a credit voucher.

Prior to processing your refund or credit voucher, we may take into account relevant factors including the details of the order, what happened on delivery and information from any of relevant partners or suppliers.

Where we allocate credit to your account as part of a refund, such credits cannot be exchanged for cash and are non-transferable. The validity period starts from the time the credit is sent to you or allocated to your account. If we have allocated credit to your account, any unused credit on your account will automatically expire if your account is closed. If credit is sent to you in the format of a discount code, any unused credit applicable to the discount code will automatically expire on the date specified on such discount code.

Where we are refunding you, we will send the relevant refund amount to the account used to place the Order.

Cancellation of Order 

Until midday on the Tuesday morning preceding the delivery of your Order, you are entitled to a full refund if you cancel your order within 24 hours after your order has been placed and you are entitled to a 50% refund if you cancel within 48 hours of your order being placed. Following midday on the Sunday preceding the delivery of your Order or the expiry of the 48-hour period (whichever is earliest), we cannot offer a refund, although we will make every reasonable effort to help our customers on a case-by-case basis.

Home Foodies may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any Payment already made using the same method you used to pay for your order (save for any deductions applied as set out in these terms).

Home Foodies Gift Cards

All our usual terms and conditions apply to gift cards. The following terms and conditions will also apply to the purchase and redemption of Gift Cards on the Home Foodies website:

1. Gift Cards ordered through our website will be delivered by electronic means to the email address you specify; and
2. Unless otherwise stated site offers and promotions (including credit) do not apply when purchasing Gift Cards. Our Gift Cards must be redeemed on our website, as full or part payment for products from our website.

The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card and it automatically expires once all the balance on the gift card has been exhausted.

We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.

Liability 

Nothing in these Terms in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees, agents or sub-contractors.

Neither we nor any of our partners or suppliers have any liability to you where you have failed to follow the cooking instructions provided in relation to the finishing of the food within the Meals.

You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself (and any costs you do ultimately incur in remedying a matter must be reasonably incurred).

We are not responsible for any loss or damage caused by us or our employees, agents or sub-contractors in circumstances where:

1. there is no breach of a legal duty of care owed to you by us or by any of our employees, agents or sub-contractors;
2. such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
3. such loss or damage is caused by you, for example by not complying with these Terms; and
4. such loss or damage relates to a business (as we do not intend for goods bought by you to be used for business).

You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from a breach of these Terms by you (subject to our obligation to mitigate any losses we suffer). 

In relation to our liability to you, in no event (including our own negligence) will we be liable for any:

1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
2. loss of goodwill or reputation;
3. special, indirect or consequential losses; or
4. damage to or loss of data,

even if we have been advised of the possibility of such losses. In addition, our liability of any kind (including our own negligence) is limited to the value of the Payment.

We are not liable for failure to perform or delay in performing any obligation under these Terms if the failure or delay is caused by any circumstances beyond our reasonable control including acts of God, accident, riots, war, terrorist act, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, epidemic or pandemic, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.

You shall keep Home Foodies fully indemnified against all actions, proceedings, claims, demands, losses, costs, expenses, damages and liability arising in any way directly or indirectly out of any act, omission, neglect or default by you or any breach of covenant by you or any provisions to be complied with by you contained in these Terms.

Privacy

We process your personal data in accordance with our Privacy Policy (to the extent applicable), which can be found at https://homefoodies.co.uk/privacy-policy.

We will only process the data we collect about you from the Order if there is a reason for doing so, and if that reason is permitted under data protection law. Where we need to in order to ensure the preparation of and delivery of the Meals, we or any necessary third parties will use the information provided in the Order to fulfil such an order and to contact you as required to fulfil such an order.

Where we are under a legal obligation to do so we may use the information collected in the Order to create a record of order(s) and to comply with any legal obligation or regulatory requirement to which we are subject.

You acknowledge and agree that we may process the relevant personal data in accordance with these Terms and (to the extent applicable) in accordance with terms of our Privacy Policy which is subject to change from time to time.

Competitions

Entries to all competitions must be received by the stated closing date specified and must comply with the stated terms and conditions of the competition to be considered a valid entry.

Home Foodies cannot accept responsibility for entries that are lost or delayed, or which are not received for any reason.

The winning entries for each competition will be the first entries drawn at random after the closing date, save where we specify another method of choosing winning entries.

Winners will be notified by either DM from the official Home Foodies social media accounts or via email from hello@homefoodies.co.uk.

Prizes are as stated, are not transferable and there is no cash alternative. Home Foodies reserve the right to substitute a prize of equal or greater value at any time or withdraw the competition if there are matters outside our control. 

Home Foodies is compliant with Data Protection and GDPR regulations and it is our policy that we will not pass on your details to any third party without your prior consent. Please refer to our privacy policy for further details.

Competitors via Facebook must follow the guidelines laid out in the initial post with regards to entry rules. Competitors via Instagram must follow the guidelines laid out in the initial post with regards to entry rules.

Other Terms

These Terms constitute the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.

To the extent permitted by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these Terms.

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.

A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.

If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to the services provided for the Meals, we will notify you. Changes to the Terms will not affect any Orders that have been placed.

These Terms and all non-contractual obligations arising from or connected with them are governed by English law.

The courts of England have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise from or in connection with these Terms (including a dispute relating to non-contractual obligations arising from or in connection with these Terms, or a dispute regarding the existence or validity of these Terms) and, for these purposes, both we and you irrevocably submit to the jurisdiction of the courts of England.

Thank you for your order and we sincerely hope you enjoy your Home Foodies experience!