GROCEMANIA TERMS AND CONDITIONS OF SERVICE

Welcome to grocemania.co.uk website and our applications (each our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which our partner stores supply any of their products listed on our site to you. Please read these terms and conditions carefully before ordering any product from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions please contact info@grocemania.co.uk before you place an order. If you do not accept these terms and conditions in full please do not use our Service.

1. INFORMATION ABOUT US

Grocemania.co.uk is a website operated by Grocemania Limited ("we" or "us" or "Grocemania"), incorporated and registered in England, whose registered office is at "The Nest, Kingston Business School. Kingston-Upon-Thames, Surrey  KT2 7LB. UK". Our Company registration number is 9992207. Grocemania is a business where the groceries are provided by independent retailers (our "Partners" or "Partner Stores") and delivered by us.

2. PURPOSE

The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Store and menu of their choice and allowing you to order groceries and household products from them. Grocemania markets groceries and household products on behalf of our Partner Stores, concludes orders on their behalf and delivers the groceries and household products to you.

3. SERVICE AVAILABILITY

Grocemania offers an ordering and delivery service from our Partner Stores throughout Kingston and surrounding areas. Each Partner Store has a prescribed delivery area. This is to ensure that their groceries and household products reach your door when they are at their best. If you live outside the delivery areas, a message will appear on the screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a postcode in which we do not have a Partner Store. Operating hours will vary depending on local trading conditions and the availability of our Partner Stores. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order.

4. ORDERS

When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the Partner Store (the "Confirmation Email") will be sent to you by us on behalf of the Partner Store. The contract for the supply of any groceries and household products you order through us will be between you and the Partner Store and will only be formed when you have been sent the Confirmation Email to us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your groceries and household products arrive at the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the groceries and household products. Grocemania seeks to provide a quality service and will be the first contact in the event in there is a problem with your groceries and household products either in regards to food quality and/or temperature. We do monitor our Partner Store very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Store or in respect of the groceries and household products by emailing or calling us.

5. GROCERIES AND PRODUCTS

All groceries and household products are subject to availability. Your Partner Stores may offer an alternative for any groceries and household products it cannot provide you with. Please call our Partner Store prior to ordering if you have an allergy. Grocemania cannot guarantee that any of the products sold by our Partner Stores are free of allergens.

6. SALE OF ALCOHOL

Persons placing an order for alcohol from our Partner Stores must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. Grocemania operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. Grocemania reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. Grocemania also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.

7. AVAILABILITY AND DELIVERY

Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your groceries and household products are delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Store at that time.

8. CANCELLATION

You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Store will classify a bad order as any order which is cancelled after groceries and household products have been used to start preparing the order packaging (a "Started Order"). Customers can cancel an order by contacting the Partner Store. Grocemania and the Partner Store may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Grocemania or a Partner Store will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. Grocemania alone will determine whether an order is a Started Order or not.

9. PRICE AND PAYMENT

The price of any groceries and household products will be listed on our Service. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the groceries and household products listed on our Service may be incorrectly priced. The relevant Partner Store will normally verify prices as part of the order process. Payment for all groceries and household products can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Grocemania and is subsequently passed on by Grocemania to the Partner Store. We are authorised by our Partner Store to accept payment on their behalf and payment of the price of any groceries and household products to us will discharge your obligations to pay such price to the Partner Store.

10. OUR LIABILITY

To the extent permitted by law, Grocemania provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Grocemania nor any Partner Store shall have have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Grocemania or the Partner Store is found to be liable to you our total aggregate liability is limited to the purchase price of the groceries and household products you have paid for in your order. This does not include or limit in any way Grocemania's or any Partner Store's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

11. EVENTS OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

12. WAIVER

Neither you, Grocemania nor the Partner Store shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

13. SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

14. ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Grocemania may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. LAW AND JURISDICTION

The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

16. GDPR | DEFENITIONS

For the purposes of this Regulation:

  1. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  2. ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  3. ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
  4. ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
  5. ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
  6. ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
  7. ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
  8. ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
  9. 1‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. 2However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
  10. ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
  11. ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
  12. ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
  13. ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
  14. ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
  15. ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
  16. ‘main establishment’ means:
    1. as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
    2. as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
  17. ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;
  18. ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
  19. ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;
  20. ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
  21. ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;
  22. ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:
    1. the controller or processor is established on the territory of the Member State of that supervisory authority;
    2. data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
    3. a complaint has been lodged with that supervisory authority;
  23. ‘cross-border processing’ means either:
    1. processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
    2. processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
  24. ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
  25. ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (¹);
  26. ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.