Contents

Understanding these Terms & Conditions

Creating and accessing a Lunchin Account

Your rights

Your obligations

Payment and Delivery

Who owns what

Closing and suspending Lunchin Accounts

Disclaimer

General legal matters

Understanding these Terms & Conditions

What we mean

To ensure that the meaning of these Terms & Conditions is clear, we have listed below some of the words which we use which have specific meanings:

Lunchin Account    
an online account which provides access to the Products and Service.

Delivery Address    
the address which you tell us to deliver the Products to.

Products                  
the products available for order via the Website.       

the Service                
the services provided by us via the password protected section of this Website.

Us, We and Our        
Lunchin, PO Box 28581, Edinburgh, EH4 9AH.

Website                     
www.lunchin.co.uk

You                            
you, the person who accesses and uses this Website and/or the Service.

Your Business        
a sole trader, partnership or company which you own or otherwise work for.

Creating and accessing a Lunchin Account

How to apply

In order to use the Service and purchase the Products, a Lunchin Account must be created.  You can apply for a Lunchin Account to be created by completing the “New Customer” section on the Checkout page of this Website and providing us with the requested information.

You must keep your password confidential and must not disclose it to anyone.  You are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer.  If you believe someone else knows your password, please change it immediately.

Please note that by supplying your email address you grant us permission to contact you by email to advise you of any special offers or promotions that we may wish to offer you from time to time.

Formation of a contract

If we accept an application for the creation of a Lunchin Account, a legally binding contract will be created between you and us.  If you apply for a Lunchin Account to be created on behalf of the business which you work for, you must ensure that you are authorised to enter into this contract for and on behalf of Your Business.  The contract will be concluded in the English language and the provisions of these Terms & Conditions shall govern the agreement between you and us. 

Errors in your profile information

If you made any mistakes in the details you gave to us when applying for a Lunchin Account, these errors can be corrected by accessing your account and amending these accordingly.  We cannot accept any responsibility for failures in our service as a result mistakes made by you in applying for a Lunchin Account or subsequent amendments that you make to your account details.

Refusal to create an account

We reserve the right, at our discretion and for any reason, not to accept an application to create a Lunchin Account. 

Your rights

Your rights

If we accept your application to set up a Lunchin Account, we grant you a non-transferable, non-exclusive licence to use the Service in accordance with these Terms & Conditions. 

Conditions

The above licence is strictly subject to compliance with these Terms & Conditions by you.

Your obligations

You must only access the Lunchin Account which has been allocated to you or Your Business.

You are prohibited from submitting any material via the Service which is or which links to or refers to any material which contains a virus, worm, trojan or other hostile computer program.

You must not:

• do anything which could reasonably be expected to damage, disable, or materially impair the Service or our Website generally or which is likely to interfere with any other party's use of the Service;

• create a link to this Website from another website or document without our prior written consent;

• use the Service for the purpose of accessing any content which you should reasonably suspect you are not authorised to access; nor

• question or dispute our ownership of the intellectual property rights in the Service and this Website.

Security

You are ultimately responsible for administering and safeguarding any passwords created to control access to your Lunchin Account: please keep any password issued to you secure.

Payment and Delivery

All orders for the Products shall be deemed to be an offer by you to purchase the Products in accordance with these Terms and Conditions.

The acceptance of orders for the Products shall be at the entire discretion of Lunchin. Our acceptance of an order occurs when you receive an on-screen  confirmation that your order has been placed and an order reference number has been issued, at which point your contract with Lunchin is made, and up until this point, we may decline to provide you with the Products without giving any reason.

Prices and Payment

Unless otherwise stated in writing the prices quoted by Lunchin on the Website are inclusive of any applicable taxes.

The price of the Products will be as quoted on the Website at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake which we shall not be liable for.  The price for your order shall be debited from your chosen credit or debit card at the time your order is placed. We reserve our right to terminate this agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

Changes to and Cancelling your Order

You can change or cancel an order until 10am GMT on the day of delivery. Changes to, and/or cancellation must be made via the Website. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the deadline. Any payments you have made for orders which have been properly cancelled will be refunded to you.

Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.

Delivery

We will aim to deliver your ordered Products between 12 noon and 1.30pm GMT, on your requested delivery date to your Delivery Address.

You must have any required consent from your employer for your order to be delivered.

Lunchin will deliver orders to the main entrance or reception of your registered Delivery Address unless an alternative arrangement has been agreed prior to delivery.  If you are not present to take delivery of the order then consent must be sought from a third party who will be available to accept the order on your behalf immediately at the point of  delivery.  

If you change your delivery details, you must update the relevant section in the Update Details area of the Website to ensure that no orders are delivered to the wrong address. You will be liable for any orders delivered to the wrong address as a result of your failing to amend the delivery details in your Lunchin Account.

We can only fulfil an order for large quantities at the discretion of Lunchin.

Products are subject to availability. If the products which are ordered are not available, we may offer you a reasonable substitute of equivalent quality and price or we may contact you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.

Oral Statements

The Customer agrees that, in the event of any conflict, written information about the Products supplied by Lunchin shall prevail over any oral statements made by Lunchin or its employees or agents. Lunchin shall use all reasonable efforts to ensure that its written information about the Products is accurate.

Promotions

From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms and Conditions. We may change the terms of special offers or withdraw them at our discretion but we will honour any order placed by you before the offer is withdrawn subject always to manifest technical errors.

Who owns what

Rights in our Website

All copyright, database rights, trade marks and other intellectual property rights in the Service and in this website generally are either owned by or licensed to us and nothing in these Terms & Conditions shall transfer any ownership rights to you or to Your Business.  The word “Lunchin” and logo are unregistered trade marks of Lunchin.

Links to other websites

You may not create a link to this Website from another website or document without Lunchin’s prior written consent.

From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Closing and suspending Lunchin Accounts

Closure by you

You can close a Lunchin Account at any time by sending us a message at service@lunchin.co.uk.

Any orders placed prior to closing your account will be refunded providing that the message is received prior to the 10am deadline on the day of delivery.

Suspension while breach is investigated

If we reasonably believe that your Lunchin Account is being used in any way which is not permitted by these Terms and Conditions, we reserve the right to suspend your access to the Service immediately, until the issue has been resolved to our reasonable satisfaction.

Closure on breach

If you (or any of Your Business’ other personnel who have access to the Service) fail to abide by these Terms & Conditions, we reserve the right to permanently cancel your Lunchin Accounts. 

Closure by us without cause

We also reserve the right to close any Lunchin Account for any reason without notice, including where the Account has not been used for a continuous period of 6 months.  

Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of the Service.  It also requires You to compensate us for any loss we suffer as a result of your failure to comply with these Terms & Conditions.

No guarantees

The Service is provided “as is”.  We make no guarantee that the Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Service.  We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work.

Exclusion of our liability

You use the Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict.  We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service (even if we have been advised of their possibility). 

Expressly excluded loss and damage

For the avoidance of doubt, the above exclusion of our liability extends to (but is not limited to) loss or damage due to:

• errors or omissions from information, materials or functions in or of the Service;

• business interruption resulting from the use or inaccessibility of the Service;

• viruses, worms, trojans or other hostile computer programs that may infect your computer equipment, software, data or other property on account of your use of the Service;

• computer failure resulting for any reason from the use of the Service; or

• breach of any conditions implied by law (including without limitation any conditions of accuracy, security, completeness, satisfactory quality, fitness for purpose, non-infringement of proprietary rights outside the United Kingdom and the use of reasonable care and skill) which but for these Terms of Use might have effect in relation to the Service.

Limitation of our liability

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service (or to this website generally) shall not exceed an amount equal to the amount which you have paid to us in the current month.

Liability to us

You shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms & Conditions by you.

Potential Allergens

The  Products are prepared in premises where there may be a presence of: cereals containing gluten (namely wheat, rye, barley, oats, spelt, kamut or their hybridised strains), crustaceans, fish, eggs, peanuts, soybeans, milk, nuts (namely almond, hazelnut, walnut, cashew, pecan, brazil, pistachio, macadamia and queensland), celery, mustard, sesame seeds, seeds and other possible allergenic products and ingredients. We cannot guarantee that the Products you order will be free from these and other potential allergens.

General legal matters

Entire agreement

These Terms & Conditions and our Privacy Policy describe the entire agreement between you and us regarding the Service, and supersede any prior understandings or agreements.  The headings are for convenience only and shall not affect the construction or interpretation of these Terms & Conditions.

Changes to this contract

We reserve the right to change these Terms & Conditions from time to time and therefore we may impose new or different terms and conditions on your use of the Service. We will notify you in advance of any such changes.  These additional terms will be posted here on this website and will be effective from the month following the date on which they were posted.  Your continued use of the Service will be deemed to constitute acceptance by you of all of the new terms.  These Terms & Conditions may not otherwise be changed without our written consent.

Transfer of rights & obligations

We shall be entitled to transfer our rights and/or obligations under these Terms & Conditions to another party. 

Waiver and severability

If either you or we ignore any breach of these Terms & Conditions, it does not mean that any further breach cannot be enforced. Similarly, if any part of these Terms and Conditions turn out to be invalid or unenforceable for some reason, then that part will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the Terms and Conditions will still be binding.

Resolving disputes

These Terms & Conditions shall be governed by and interpreted in accordance with Scots law.  If any party wants to take court proceedings in relation to the Service or Products, it must do so in Scotland.