1 In General
1.1 Mango Delivery (“www.mangodelivery.co.uk”) owns and operate this Website. This document governs your relationship with www.mangodelivery.co.uk (“Website”).
1.2 Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service").
1.3 By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
1.4 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3.1 You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.mangodelivery.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
3.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4 Intellectual Property, Software and Content
4.1 The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.mangodelivery.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.mangodelivery.co.uk and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5 Terms of Sale
5.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
5.2 Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
5.3 In order to contract with www.mangodelivery.co.uk you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
5.4 www.mangodelivery.co.uk retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.
5.5 This will usually be www.mangodelivery.co.uk or may in some cases be a third party. Where a contract is made with a third party www.mangodelivery.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
5.6 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
5.7 The cost of foreign products and services may fluctuate.
5.8 All prices advertised are subject to such changes.
6 Our Contract
6.1 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.
6.2 A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been processed and dispatched to you.
6.3 Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
7 Pricing and Availability
7.1 Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
8 Prices and Product Information
8.1 All of our product prices are inclusive of VAT.
8.2 The price of the products and our delivery charges will normally be as quoted on our website (whichever you are using) as at the time you use them. There are some exceptions to this position however, as set out below.
8.3 If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on our delivery booking page before you confirm your order. Our delivery charges are dependent upon a variety of factors including the value of your order, the date and time of your delivery and your delivery address, and may vary from week to week.
8.4 We stock a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than our stated price, we will notify you when we deliver that product to you and you can choose whether you want to accept or reject the relevant product. If you reject the product we will not charge you for it and will return it at our own cost. If you accept it, we will charge the correct price.
9 Pricing amendments to your order
9.1 If you amend your order after you have placed it with us, you will be charged as set out below.
9.2 If you add a new product which was not in your original order and which is not sold individually by weight, we will charge the price stated to you for that product at the time you amend your order.
9.3 If you add more of a product that was in your original order, and that product is not sold individually by weight, we will charge the price stated to you for that product at the time you placed your original order.
9.4 If you add a product which is sold individually by weight, we will charge you in accordance with section “Products sold individually by weight“ below.
9.5 Please also note that as discounts and offers are available only for a limited period of time, any discount or offer which applied when you placed your original order may have expired and in that case will no longer apply if you make a later amendment to add more or new products. (See our "Discounts and Offers" section here for more details).
10 Products sold individually by weight
10.1 Where products are sold individually by weight (such as certain fresh meat, poultry, fish, cheese, fruit or vegetables) the price of these products will be expressed per kilogram or in another appropriate unit of measurement.
10.2 For some products sold individually by weight you may also be able to choose items within approximate weight bands, or of an approximate thickness or size. In each case, we will weigh the individual item to be delivered to you when we pick it for delivery, calculate the price for that item based on its actual weight and the price per kilogram (or other appropriate unit of measurement) in force at the time of picking, and charge you that price.
10.3 The exact price and weight will be set out in the email that we send to you to confirm that we have picked your order. If we have changed the price per unit of measurement of a product sold individually by weight since you placed your order and you are not happy with the new price, you may reject the product on delivery. In that case, we will not charge you for it and will return it at our own cost.
11 Substitute products
11.1 If you accept a substitute product that we offer in place of a product ordered, we will charge you the price applicable at the time we pick your order for you.
11.2 The price will be set out in the email that we send to you to confirm that we have picked your order.
12 Minimum order values
12.1 We normally require your total order (including any amendments) to equal or exceed £30 excluding delivery charges, otherwise we will not accept or will cancel your order.
13 Product Information
13.1 The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
13.2 Colours and appearances of products on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on our website when you place an order may not reflect the product you receive.
14 Discounts and Offers
14.1 We may offer discounts and offers from time to time at our discretion, for example "Buy One Get One Free" offers or meal deals. All discounts and offers are subject to the relevant products being available to us and in stock when we pick your order for delivery. We reserve the right to amend or terminate any discount or offer at any time without notice (but this will not affect any orders that we have already accepted).
14.2 We will always stipulate an expiry date for a discount or offer, which may be linked to the date of acceptance or delivery of an order. In such cases, to qualify your order must be accepted or delivered before the relevant expiry date.
15.1 Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received.
15.2 The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase.
15.3 Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Meaning of "perishable products": For the purposes of these terms and conditions, a "perishable" product, is any product which has a "use by", "best before" or "BBE" date stamped on the product which expires 6 weeks or less from the date of delivery.
16.1 We will confirm your booked delivery date and timeslot to you. If you have placed an order two or more days in advance of your selected delivery date then we will also try to send you an email a few hours before the cut-off time, alerting you to it and reminding you of the scheduled delivery time of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten and/or orders being left incomplete, and is part of our order confirmation process. Unless you have requested not to be contacted by text message, we may also send this reminder by text message to the mobile phone number you have given us when setting up your account.
16.2 We will do our best to deliver your order to you in accordance with your booked delivery date and timeslot. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery timeslot and date.
16.3 We will deliver to the address specified by you when you register with us. If you need to change your delivery address, you can do so at any time through the "My Account " feature on our website. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we will always make this clear to you during our "checkout" process.
16.4 It is your responsibility to ensure that someone is available at your delivery address at all times during your booked timeslot. We may require someone to sign for your order on delivery. That person must also satisfy all of our proof of age requirements (see our "Terms of Sale" section above).
16.5 If nobody is at home when we attempt delivery we will try to contact you by telephone. If we cannot do so, we will leave notice of attempted delivery and will try to contact you to rearrange the delivery.
16.6 For reasons of security and food safety, we will not leave your order unattended at your address. We will not normally agree to leave your order with anyone at another address (for example, a neighbour). If we do agree to do so in exceptional cases, this is done at your own risk and we will not be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
16.7 If your order is returned because we failed to deliver it to your delivery address within your booked timeslot, where we manage to make contact with you and agree a revised delivery date and timeslot, we will redeliver your order to you at no additional cost.
16.8 If your order is returned because of something within your control (for example, if there is nobody at your delivery address within your booked timeslot to receive the order, or if the person there cannot satisfy our proof of age requirements) we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it. (For an explanation of what we mean by "perishable" - please above).
16.9 If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
16.10 Deliveries are limited to 1 delivery per day.
16.11 Products are sold by us subject to availability and prevailing market conditions. We may limit the quantities of products (particularly those on special offer) delivered to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. If we do so, or if products you order are not available to us, we may offer a reasonable substitute. We will identify each substitute item to you on delivery and give you the opportunity to accept or reject each one at that time. If you reject a substitute we will not charge you for it and will return it at our own cost. If you accept a substitute this may affect the price you pay for your order. (See our "Prices" section).
16.12 You should check your order in full promptly on delivery. If your delivery is incomplete or includes products that you have not ordered, you must notify Customer Services promptly. We will not charge you for any products that you have not received or that you did not order except accepted substitutes.
17 Quality Guarantee
17.1 There are specific products on our website which are labelled as having our Quality Guarantee. If you are not 100% satisfied with the quality any of the products which have our Quality Guarantee, then you can reject the products as being defective in accordance with sections 18.5 to 18.9 inclusive below.
17.2 Our Quality Guarantee does not apply to any products that have been recalled but this does not affect your legal rights in relation to recalled products.
18 Product Life Guarantee
18.1 As part of our commitment to service excellence, we have a system which helps you to choose products with a sufficient product life.
18.2 We will specify the "product life" for certain products on our website. This is the number of days, starting on the date of delivery, until the expiry of the "use by", "best before" or "BBE" date which is stamped on the product. Please note that if you do not choose a delivery slot before you fill your trolley, we will assume that the delivery date is the next day for the purpose of calculating the "product life".
18.3 We will do our best to deliver products to you which have the "product life" we have specified, but there may be exceptions where we are not able to do so. If any of the products we have delivered do not meet this Product Life Guarantee, then you can reject the products as being defective in accordance with sections 18.5 to 18.9 inclusive below.
18.4 We will also show you the "average product life" of certain products. This is the average product life of those products actually delivered to customers over the last 7 days. This is provided for your information only and does not form part of our Product Life Guarantee.
18.5 Each product is sold subject to its product description which can be found on the relevant page for that product.
18.6 If you think that any product you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then in the first instance please contact Customer Services who will do their best to assist you. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues.
18.7 We will refund to you the cost of any product affected by such issues. To receive a refund of an affected perishable product though, you must notify us of any such issues before the expiry of the "use by", "best before" or "BBE" date stamped on the product. (For an explanation of what we mean by "perishable" please see section 10.1 above).
18.8 The guarantees provided above are in addition to your legal rights in relation to products that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
18.9 Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
19 Disclaimer of Liability
19.1 The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
19.2 Unless expressly stated to the contrary to the fullest extent permitted by law www.mangodelivery.co.uk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
19.3 This does not affect www.mangodelivery.co.uk 's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
20 Linking to this Website
20.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
21 Disclaimer as to ownership of trade marks, images of personalities and third party copyright
21.1 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.mangodelivery.co.uk and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.mangodelivery.co.uk
22.1 You agree to indemnify, defend and hold harmless www.mangodelivery.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
23.1 www.mangodelivery.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
24.1 If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
25.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
26.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
27 Entire Agreement
27.1 The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.mangodelivery.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.mangodelivery.co.uk.