Terms of Sale and Supply
These terms and conditions cover your relationship with Yumo Meal Kits(we, our, us) and all orders that you make with us and all goods that you purchase from us.
You understand that by ordering any product or service from our website you agree to be bound by these terms and conditions. We reserve the right to review and amend these conditions from time to time and so advise you check them regularly for any amendments. These Terms of Sale and Supply were last updated on the 28th November 2014.
If you are a consumer (e.g. an individual not acting as a business) there are certain terms implied under your statutory rights which we cannot exclude or limit. It is important for you to know that nothing in our terms and conditions affects your statutory rights. If you would like more information on your rights as a consumer contact the Competition & Consumer Protection Commission.
1. Your Yumo Meal Kits Account
1.1 You must be at least 18 years of age (or a business operated by someone at least 18 years of age) to open an account with us.
1.2 You must ensure that the details you provide are complete and accurate, including your delivery instructions.
1.3 Any change to your details must be notified to us promptly, by updating your details via your account on our website.
1.4 You must notify us immediately if you know or suspect that someone knows your account password and recommend that it is changed immediately via the ‘log into your account’ section of our website.
1.5 We reserve the right to require that you change your password and to suspend or cancel your account where we have reason to believe there has been or could be a breach of website security.
1.6 You will receive an email notification from us of your account set-up, please keep this email for your records.
1.8 Your account with Yumo Meal Kits is not a credit account and payment will be required prior to your goods being delivered.
1.9 It is your responsibility (at your own cost) to obtain the necessary tools and services (computer, telephone, internet connection etc) to access and manage your Yumo Meal Kits account.
2.1 You must ensure that Yumo Meal Kits is supplied with a suitable and agreeable means by which to obtain payment. Details of how to pay can be found in the frequently asked questions of our website.
2.2 We cannot accept any liability for how long it takes the banks to process your payment, either by card or by cheque.
2.3 Where you pay by cheque we cannot make any guarantee as to when this will be paid into our account.
2.4 We reserve the right to refuse deliveries to you and to cancel your account where payment(s) have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that have not been made in accordance with these terms and conditions.
2.5 When products are ordered by a customer and full payment has not been received in advance of delivery/collection, Yumo Meal Kits reserves the right to charge that customer’s card until full payment has been received.
3. Ordering and Purchasing
3.1 Orders placed with Yumo Meal Kits may be subject to acceptance based upon a minimum spend, which are published on our website (here). Yumo Meal Kits reserves the right to alter the existing, or introduce new minimum spend conditions which will be published our website.
3.2 Where the removal of a product reduces your spend in a particular product category below a given minimum spend threshold (as per 4.2) then we reserve the right not to deliver all products within that product category. Where the minimum order value is not met we reserve the right to apply a delivery charge or not to deliver your entire order. Such refusals will be credited in full, however, we will bear no liability for such refusals.
3.3 Using our online assessment tool we will recommend one of our Yumo Meal Kits meal plans for you, along with a possible timeframe in which your required goal could be accomplished. For a more comprehensive assessment, please book in with us for a private consultation with our nutrition and fitness teams. Due to the uniqueness of each individual and that we cannot account for your activity levels or any additional calories you may consume outside of your Yumo Meal Kits Meal Plan, we cannot accept any liability for your achievements not matching the possibilities displayed within our assessment tool.
3.4 Yumo Meal Kits will accept no liability of any kind for matters arising from the consumption of a meal plan that was not recommended to you by our online assessment tool or by one of our Nutrition and Fitness Professionals, or for any matters arising from the consumption of food produced by Yumo Meal Kits that was purchased or acquired outside of these terms and conditions.
3.5 Any orders you make on the website will be automatically submitted to us at the order cut off times published in the ‘frequently asked questions’ on our website. You have the ability to alter, amend and cancel your order up until this cut off time and by allowing an order to be submitted to us you confirm that you have made any such corrections and cancellations and enter into a contract to buy the products from us. You cannot then cancel or withdraw your order, or any part of it except as per 3.10 & 5.3 below.
3.6 Where you amend your order of a meal plan to a different meal plan, you accept that the price will change accordingly as displayed on our website.
3.7 No order placed online is accepted from us until our website displays an order confirmation message. You will receive an ‘order confirmation’ email and this email should be kept for reference until your order has been delivered and accepted as correct.
3.6 While we will endeavour to deliver all accepted orders, our products are subject to availability and we do not always know if a product is, or will be available for delivery at the time of accepting an order. If we are unable to deliver an item you have ordered we may offer a reasonable substitute. You may reject this substitute and you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. Where we do not offer a substitute product the item will be removed from your order and again you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. We will bear no liability for the unavailability of our products.
3.7 All of the products that we offer are subject to variations in seasonal availability and supply price. Hence, if you set up a regular (repeat) order for a product or products the price of those items will change over time from when you first ordered them. You accept that the price to be paid for all items in your order will be that stated on the website at the time of the order submission as per 3.5.
3.8 Where an item has been displayed on our website with an incorrect, erroneous price we reserve the right to remove that item from your order, amend the price to one that is correct or to not deliver the item and refund the price paid.
3.9 All prices displayed on the website are inclusive of any applicable taxes and duty (including VAT).
3.10 You are entitled to cancel payment for products where there has been fraudulent use of your payment card (despite the above provisions). Where a fraudulent payment has already been made then you should contact your card issuer for credit back to your card.
3.11 We only sell to consumers and you must not resell any products purchased from us.
4. Delivery and Delivery Instructions
4.1 Our site is only intended for use by people resident within the Republic of Ireland and Northern Ireland. We aim to be able to deliver products throughout the island of Ireland but if you fall outside of our current delivery area we will inform you immediately and fully refund any payment you have made.
4.2 We reserve the right not to deliver to all locations, or not to deliver all products to all locations. You will be notified during the account creation process if we are unable to deliver to your address. Where we are unable to deliver certain products to your address we may make them unavailable for you to order (both on the website or via the telephone).
4.3 We will deliver to the address stated in your Yumo Meal Kits account.
4.4 It is your responsibility to make suitable arrangements to receive your delivery which will need to be signed for. The delivery details section of your account is important and it is important, due to the perishable nature of our products that you arrange for delivery to a place where the goods can be signed for.
4.5 Once your delivery instructions have been followed and your delivery has been signed for, you will accept that you are in possession of the delivered goods. Where the delivery instructions have been followed; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods.
4.6 Any perishable food delivered by us will be delivered in insulated packaging, with frozen water to keep the produce below 5°C. It is imperative that you keep the package sealed until such time as you can transfer the contents to a suitable refrigerator. The contents must be transferred to a refrigerator by no later than 7pm on the day your goods were delivered. Where these instructions have not been followed; we will not accept any liability for any detriment to the quality or safety of our food.
4.7 You must inspect your goods as swiftly as possible after delivery and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty, have been substituted with a product that is unacceptable to you or that were delivered without us following these terms and conditions. However, such liability will be limited to the value of the erroneous and / or undelivered goods.
4.8 In order to maximise efficiency and reduce food miles, your orders will be delivered on a set days of the week. We will aim to keep these days fixed, however, we reserve the right to change them (either temporarily or permanently) and we will notify you of any such changes.
4.9 The time that your order is delivered on that day will vary week on week depending on traffic, weather and the number of deliveries to be made that day. If ordering regularly, you may notice that your delivery occurs at a similar time each week, however, we make no guarantee of this time and accept no liability for inconvenience or loss as a result of a deviation from it.
4.10 We cannot accept liability for any inconvenience or loss where we are unable to deliver to you, or deliver to you late for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, strike actions, supplier failures). We will of course refund you for any part of your order which is not delivered or which has been compromised as a result of the delay.
5.1 You may cancel your account with us at any time either online or by notifying us in writing, over the phone or by email. Suspending or cancelling your account will not affect or remove any rights or liabilities accrued up until that point and any orders submitted (as per 3.5) prior to your account cancellation will remain binding.
5.2 Yumo Meal Kits may cancel your account and or any accepted orders at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
5.3 With the exclusion of perishable goods, our customers who are consumers (e.g. those ordering outside of the course of their business or trade) have the right to cancel their order at any time until the expiry of the seventh day after the date of delivery. This can be done by notifying us by telephone, email or post. We may request the return or collection of these goods and refund you the price paid for them less our reasonable costs in collecting the goods.
5.4 Where you have received a discount for a meal plan by subscribing over a set period of time (e.g. 8 weeks) and you cancel your meal plan prior to the duration of the time period securing the discount (e.g. you cancel your meal plan before 8 weeks have elapsed) then your account will become liable for any discounts applied to the orders you received prior to the point of cancellation. We reserve the right to leave your account in arrears for these monies or to take action to recover such monies owing to us.
6. Warranties & applicable law
6.1 We guarantee that our products will be of a satisfactory condition and quality (with the exception of defects caused by your mis-use, neglect or by accidents while the goods were in your possession). Please notify us if you are dissatisfied with any of our products. If upon examination they are defective or faulty we will gladly refund you the price paid for them.
6.2 We accept no liability in relation to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, trade or trade opportunities).
6.3 Our entire liability under these terms and conditions will not exceed the purchase price of the goods in question. However, nothing in these terms and conditions can limit our liability to your death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.
6.4 We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, adverse weather, acts of God, strikes, labour disputes, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
6.5 You are not entitled to assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
6.6 These terms and conditions are governed by and construed in accordance with Irish law and the Irish courts will have no-exclusive jurisdiction over any disputes which arise in relation to these terms and conditions.
6.7 If any of the provisions in these terms and conditions are found to be invalid by a court having jurisdiction, then the invalidity of that provision will not affect the validity of any other provisions within these terms and conditions.