Terms & conditions
1. Use of the Website
The Website is provided to you free of charge for your personal use subject to these Terms. By using the Website you agree to be bound by these Terms.
All orders and purchases made on the Website will also be governed by the relevant section below.
2. Buying from inmytum.com
You are permitted to use our Website solely on the basis of these Terms and Conditions. We reserve the right, at our discretion, to update and/or revise these Terms and Conditions.
2.2. inmytum.com acts as an agent for you to communicate your orders (“Order(s)”) for products (“Product(s)”) to grocers (“Grocer(s)”) displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Grocer that you place your Order with and we will conclude the sale of Products on behalf of the Grocer in all cases. Once you have placed an order, your Items will be delivered to you by an in my tum delivery partner (“Delivery Partner(s)”).
2.3. To purchase on the Site you must be over eighteen years of age.
You must ensure that the details provided by you on check out or at any time are correct and complete.
3. Pricing and Payment
3.1. The prices shown on this Website at the time of ordering are guide prices. The prices you will be charged for goods will be the actual prices displayed by the Grocer at which your Products are selected on the day of delivery, including any promotional offers if applicable. You accept that prices of Products may, therefore, increase or decrease between the day of ordering and the day of delivery.
3.2. The weight of some goods may vary marginally from that ordered and the price may change to reflect actual weight – if it weighs a little less you pay a little less and if it weighs a little more you pay a little more. Prices in your ‘Basket’ are estimates only.
3.3. Payment for Orders must be made by an accepted credit or debit card through the Website at the time of your Order is made.
3.4. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Grocer.
4. Service Availability
4.1. The Service operates within a prescribed delivery area determined by the Grocers locations. This delivery area may change at any time. Grocers each decide their own operating hours. That means that the availability of our Service, and the range of Grocers from which you can order, depends on the Grocers in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Grocer, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible. If your payment has already been made at this point you may be entitled to a refund.
4.2. In the event the Grocer is unable to fulfil the Order at the required time we will arrange a replacement Order. Where a like for like replacement Order can be made to ensure you still receive the Service we will do so.
5. Compensation and Cancellation
5.1. If you are dissatisfied with the quality of any Products provided by a Grocer and wish to seek a refund, part or full, you should contact the Grocer directly.
5.2. If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Services team on email@example.com and they will attempt to fulfil your request. If the order has already been communicated with the Grocer this may not be possible. There is no guarantee that your order can be refunded.
5.3. If you believe that you order has not been fulfilled correctly you must notify us on receipt of your Products. 15 minutes after delivery has been made it will be determined that your order was fulfilled correctly and there will be no course to seek compensation with Us.
6.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
6.1.1. You must not misuse the Website (including by hacking or \”scraping\”).
6.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 6.1 is prohibited.
6.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
6.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
6.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
6.2. Limitation on use: Except as stated in paragraph 6.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
6.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
7.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
7.2. Exclusion of liability: Subject to clause 7.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
7.2.1. any loss of profits, sales, business, or revenue;
7.2.2. loss or corruption of data, information or software;
7.2.3. loss of business opportunity;
7.2.4. loss of anticipated savings;
7.2.5. loss of goodwill; or
7.2.6. any indirect or consequential loss.
7.3. Limitation of liability: Subject to clauses 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
7.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
8.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have used the Website in breach of paragraph 6.1 (License).
9. Force Majeure
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1. strikes, lock-outs or other industrial action;
9.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5. impossibility of the use of public or private telecommunications networks; and
9.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
9.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
10. Additional Terms
10.2. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.3. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
10.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
10.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
11. Governing Law and Jurisdiction
11.1. These Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.