Terms and Conditions
This page (together with the documents referred to on it) sets out the terms and conditions (Terms) on which My Nedes will deliver to you; meals, snacks and beverages (together the Food) ordered from My Nedes website www.mynedes.com (the Site) (together the Services).
You agree to be subject to the Terms in force from time to time. My Nedes will notify you by email of any significant changes to My Nedes’ Terms. Subscribing to My Nedes Services will be deemed as acceptance of these terms.
1. ABOUT US
1.1 We are MY NEDES LTD, a Limited Company registered in England and Wales under company number 13089512, registered office is at 99, Hatherley Court, Hatherley Grove, W25RF, London.
1.2 We operate the Site www.mynedes.com.
2. SERVICE AVAILABILITY
2.1 My Nedes Services are only intended for people residing in England currently, within the M25 in London. My Nedes do not accept orders from individuals outside the Serviced Area.
3. YOUR STATUS
3.1 By placing an order through the Site, you warrant that:
- 3.1.1 you are legally capable of entering into binding contracts;
- 3.1.2 you are at least 18 years old; and
- 3.1.3 you are resident and/or require delivery to the Serviced Area.
4.1 My Nedes is not liable for any illness or medical reaction caused by contact with or consumption of My Nedes Food. My Nedes may not be able to accommodate clients with specialist dietary needs or conditions and, in particular, My Nedes are unable to deliver to those who have allergies that could result in illness, anaphylactic shock or those clients with diabetes who are insulin dependent.
4.2 If you have any severe type of food allergy, My Nedes ask that you refrain from eating My Nedes Food.
5.1 Results promised by the nutrition expert are guaranteed on the condition that the consumer follows to the letter the written menu with no exception whatsoever.
6. ORDER PROCESS
6.1 After paying for the invoice, you will receive an e-mail acknowledging that your payment has been received. My Nedes have received your order.
6.2 My Nedes reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
6.3 Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. My Nedes reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.
6.4 Should a payment to My Nedes be requested to be returned by your bank, My Nedes reserve the right to charge you a fee for the returned payment.
6.5 When you pay for your order by card, My Nedes carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.
7. CANCELLATION AND CONSUMER RIGHTS
7.1 If you are unhappy with your Food for a legitimate reason such as:
- 7.1.1 missing Food; or
- 7.1.2 failure of Food to arrive.
My Nedes MAY provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at My Nedes’ sole discretion.
8. AVAILABILITY AND DELIVERY
8.1 My Nedes deliver all meals on Sundays and Wednesdays.
8.2 The Food will be delivered to you at the address you provided which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
8.3 Once your My Nedes box is delivered in accordance with your instructions, the box and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a box is delivered in accordance with your instructions and subsequently goes missing:
- 8.3.1 this will be regarded as a successful delivery.
8.4 My Nedes is not able to deliver your Food at a specific time. In any circumstance where My Nedes indicate that My Nedes will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms.
8.5 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.
8.6 The driver will take reasonable steps to deliver the food to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.
9. RISK AND TITLE
9.1 The Food will be at your risk from the time of delivery.
9.2 Ownership of the Food will pass to you upon delivery after My Nedes have received full payment of all sums due in respect of the Food.
9.3 Neither My Nedes nor Delivery Driver shall be deemed responsible for any theft of the Food from the delivery address.
9.4 If you suspect that your Food has been stolen from the delivery address please contact us immediately so My Nedes can discuss alternative delivery arrangements. Until such alternative arrangements are made, My Nedes reserve the right to suspend your order until suitable new arrangements have been made.
9.5 My Nedes expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
10.1 Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
10.2 My Nedes reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond My Nedes’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).
11.1 My Nedes warrant that any Food purchased from us through My Nedes’ Site will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.
11.2 You warrant that any and all of the Food ordered by you is for your personal use only and not for resale unless agreed with us.
12.1 Subject to clause 12.2, if My Nedes fail to comply with these Terms, My Nedes shall only be liable to you for the purchase price of the Food for the particular order in which the loss or damage occurred.
12.2 My Nedes will not accept liability for any loss or damage that is not foreseeable.
12.3 Nothing in this agreement excludes or limits My Nedes’s liability for:
- 12.3.1 death or personal injury resulting from negligence;
- 12.3.2 fraud or fraudulent misrepresentation;
- 12.3.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- 12.3.4 Defective Food under the Consumer Protection Act 1987; or
- 12.3.5 for any other matter in respect of which liability cannot by applicable law be limited or excluded.
12.4 My Nedes attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you need to specify to the nutrition expert your allergies and food intolerances. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that My Nedes’ facility prepares foods and uses ingredients in My Nedes products that contain nuts or nut oil.
12.5 My Nedes make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
12.6 My Nedes cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, My Nedes will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
12.7 You agree to fully indemnify, defend and hold us, and My Nedes’ officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.
12.8 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
13.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at email@example.com.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 My Nedes may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of My Nedes’s rights or obligations arising under it, at any time during the term of the Contract.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 My Nedes are the owner or the licensee of all intellectual property rights in the Site (including the My Nedes logo), whether registered or unregistered, and in the material published on it.
15.2 Food sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.
16. EVENTS OUTSIDE MY NEDES’ CONTROL
16.1 My Nedes will not be liable or responsible for any failure to perform, or delay in performance of, any of My Nedes’s obligations under a Contract that is caused by events outside My Nedes’ reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond My Nedes’ reasonable control and includes in particular (without limitation) the following:
- 16.2.1 Strikes, lock-outs or other industrial action;
- 16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 16.2.4 Impossibility of the use of public or private telecommunications networks; and/ or
- 16.2.4 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 My Nedes’ performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and My Nedes will have an extension of time for performance for the duration of that period. My Nedes will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which My Nedes obligations under the Contract may be performed despite the Force Majeure Event.
18.1 Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or at law or in equity (and/or the continued performance of this Agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this Agreement.
18.2 The rights and remedies provided by this Agreement are cumulative and (except as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided at law or in equity.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.
20. ENTIRE AGREEMENT
20.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
20.2 You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
My Nedes have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting My Nedes’ business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in My Nedes’ system's capabilities.
22. LAW AND JURISDICTION
This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.