Terms and Conditions (the boring bit)
Terms and Conditions
Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.
We genuinely love to speak with our shoppers and we know that Terms & Conditions can be confusing, so if you are unsure about anything then please do not hesitate to get in touch with us via the details given in the “Contact Us” section of our website.
You agree to purchase services and goods from Food Circle Supermarket subject to these Terms and Conditions which will apply to all transactions using foodcirclesupermarket.co.uk.
You must be 18 years or over and to participate in the Food Circle Supermarket online order service.
Your email address is essential in order for us to be able to supply you with important information such as Order Confirmations, and changes to the service. By registering with foodcirclesupermarket.co.uk, you accept that your email address may be used to supply you with such information.
You will not automatically receive email marketing communications from Food Circle Supermarket by creating an account or making a purchase through our site. You can choose the option to receive email marketing communications from Food Circle Supermarket, and you have the option to opt-out of these communications at any time.
1 Purchase Contract
1.1 This web site is operated by Food Circle Supermarket Limited (“we”, “us”, “our”, “FCS”, "Food Circle", “foodcirclesupermarket.co.uk” or “Food Circle Supermarket”). By using the foodcirclesupermarket.co.uk website you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each or use order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.2 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years old or over in order to participate in our service.
2 Price & Delivery Charges
2.1 The price of the goods will be as quoted on the web site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.2 Where applicable, prices may include Value Added Tax.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery, your delivery address, and the total weight of your order/consignment. Charges may vary from week to week.
2.4 If your order weighs more than 30kg then we reserve the right to contact you with a bespoke delivery charge.
2.5 If your Delivery Address (may otherwise be referred to as Shipping Address) is in a remote or offshore part of the UK, or the Channel Islands, we reserve the right to contact you with a bespoke delivery charge.
2.6 We endeavour to dispatch all orders made before 14:00 on Monday-Friday on the same working day. Orders placed after 14:00 on Monday-Friday may be dispatched on the next working day. All orders placed on Saturday or Sunday will be dispatched on the next working day. Orders placed on a Bank Holiday will be subject to additional lead times as no FCS orders can be dispatched on Bank Holidays. These terms apply to all delivery services including next day services - we strongly urge all customers to carefully consult our delivery information page prior to placing an order - we cannot be held responsible for any inconvenience or disappointment caused by failure to read and understand these terms.
2.7 With regard to point 2.6. - dispatch and delivery timescales indicated on our website and at checkout are guidelines, and there may be scenarios where these timescales cannot be guaranteed due to dispatch/delivery delays, errors or damage in transit, parcels lost in transit and numerous other reasons. Food Circle Supermarket cannot be held liable for any delays that may occur during transit.
2.8 Orders placed in currencies other than GBP may be subject to additional charges, such as conversion fees and price "rounding".
3 Methods of Payment
3.1 Payment may be made by debit or credit card, or PayPal. On occasion we may issue vouchers or “money off” coupons which will be accepted towards payment of an order. You cannot pay for your order by cash or cheque.
3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. We ‘debit’ your card with the full price of your order at the time your order is placed. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £10. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery will be made to the address specified by you during the order process on the website. You have the ability to change this address with each order through the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers, or is perceived by Food Circle Supermarket to pose a potential risk to the integrity of a suppliers’ brand.
4.3 As we specialise in selling surplus products, the brands we work with may request that we limit the quantity of product available to customers in order to protect their brand integrity. Therefore we may also limit the quantities of goods available to one customer if the brand owner has requested such parameters – in this case, it is made clear on the website at the point of purchase.
4.4 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You are entitled to return, or have refunded the value (at the time of purchase) of any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.5 It is your responsibility to ensure that an appropriate person is available at the delivery address on the delivery day to receive the goods, or special instructions are provided to us to deliver the goods elsewhere (i.e. a neighbour or “safe” place). If no one is at the address when the delivery is attempted the goods will be retained by our courier partner, or delivered to a neighbour or “safe” place as per your instructions. We will leave notification of delivery and you will have the option to rearrange delivery.
4.6 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.7 We will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.
4.8 If you select a "no signature required" option for delivery, it is your responsibility to tell us about any special delivery instructions using the form at checkout, as these services allow the courier to leave your parcel in a "safe place". If no special instructions are provided it will be down to the courier's discretion as to where to leave the parcel. In this event, Food Circle Supermarket accepts no responsibility for any goods that are left in a "safe" location.
5 Defective Goods
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing or by phone of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 30 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Due to fluctuations in stock levels, unfortunately we cannot guarantee that we will be able to replace your defective product. However in the event that this is possible, we will give you the option for either a replacement product, or a refund equivalent to the value of the product in question based on the Food Circle Supermarket retail price at the time of ordering.
5.3 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 Amendment of Orders and Returns
6.1 Due to our order processing technology, it is not possible to amend your order after it has been placed. However, if you contact us before your order is dispatched, we may be able to make changes to your order on a discretionary basis.
6.2 You have the right to cancel the contract (return your products and obtain a refund) at any time until the expiry of the 7th working day after the date of delivery of the goods by notifying us by telephone or e-mail.
6.3 We will arrange with you for cancelled goods to be returned to us, and we will credit your payment card with the price of such goods until expiry of the 14th working day after the date of which cancellation was given (provided payment has already been debited to your payment card).
6.4 If you need to return an item because it is faulty or as a result of something we have done wrong, we will not charge you for the return or collection costs. If, however, you simply change your mind and wish to cancel all or part of the order after delivery, we reserve the right to deduct from your refund the cost of the return delivery, and/or our initial delivery costs incurred whereby a return/refund alters the total value of the order.
7 Warranty & Liability
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8.2 At the time of your registration you will set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9 Customer Complaints
9.1 We know that sometimes we may get things wrong. If we have made a mistake and you have a complaint then please address it directly to Food Circle Supermarket – via email (firstname.lastname@example.org), or via the contact form on our website in the “Contact Us” page.
9.2 If you are unhappy with the quality or condition of any products you have purchased from Food Circle Supermarket Ltd, please address any complaints to Food Circle Supermarket Ltd directly via phone or email (email@example.com). These complaints should not under any circumstances be directed to the manufacturer or brand owner of the product. Proof of order (delivery note/receipt) may be required when handling complaints and in order to issue any refunds or process returns where relevant.
10 Special Offers, Promotions & Competitions
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
10.4 All discount codes and coupons issued, including those issued via an automated email, are strictly ONE use per customer only, unless explicitly stated otherwise. Food Circle Supermarket Ltd reserves the right to refuse or cancel any order placed with a coupon/discount that is found to be in breach of this condition. Food Circle Supermarket Ltd also reserves the right to issue any customer found to be in breach of this condition with an invoice, charging the difference between the listed price of goods at the time of purchase, and the price the customer paid using the discount code. Food Circle Supermarket Ltd reserves the right to refuse to dispatch any order found to be in breach of this condition until the full listed price of goods (at time of purchase) has been paid by the customer. This condition also applies when a customer is found to be ordering under a different name, email address, user account, or to a different delivery address in order to re-use the same discount code on multiple occasions.
10.5 Unless otherwise stated, only one discount code can be applied to any order.
10.6 Food Circle Supermarket reserves the right to exclude certain products or bundles from a promotional offer or discount code.
10.7 Discount codes/coupons have no cash redemption value and are not transferable unless explicitly stated.
11 Jurisdiction & Choice of Law
11.1 These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through foodcirclesupermarket.co.uk, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the foodcirclesupermarket.co.uk website without Food Circle Supermarket’s prior written permission. Food Circle Supermarket may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the foodcirclesupermarket.co.uk website.
12.3 While every care has been taken to ensure the product information shown on the website is correct, food products are constantly being reformulated and nutrition content may change. We would therefore recommend that you do not rely solely on this information and always check product labels. It is your responsibility to check product labels and ensure that the ingredients and nutritional contents are suitable for your diet.
12.4 All product images used on our web site are only representative of goods on offer. Actual goods may not be exactly the same size, design or packaging. In the event that you are not happy with any goods received, you have the right to cancel your order, return the goods in good condition to us within 30 days and receive a full refund of the purchase price paid. We reserve the right to deduct our return postage costs from your refund if the reason for returning is not a result of a faulty or defective product, or something that we have done wrong.
12.5 Where further dietary information is important to you, for example because you have an allergy or specific dietary requirement, you should contact Food Circle Supermarket who will make all reasonable efforts to contact the manufacturer to be sure it matches your requirements.
12.6 Although product information is regularly updated, Food Circle Supermarket are unable to accept liability for any incorrect information.
12.7 Food Circle Supermarket are a specialised retailer in surplus food, this means that stock levels of the same product can fluctuate. We can never guarantee that items you have purchased before will be in stock the next time you shop with us.
12.8 Food Circle Supermarket are a specialised retailer in surplus food, therefore do not purport to sell products with their full shelf life (as per mainstream retailers), and we cannot promise that our products will always meet the same standards of quality as would be expected when purchaed from mainstream retailers (e.g. supermarkets). By agreeing to these Terms and Conditions you understand that you are purchasing surplus products which may be of lower quality than those purchased from mainstream retailers, and also may be in old branding/packaging, may have short shelf life remaining, or be in seasonal packaging that is no longer relevant, among other reasons why products can become surpluses.
12.9 Food Circle Supermarket endeavour to always provide a discount on products in high street retailers and check prices regularly, however with prices in retailers always changing, we may sometimes not be providing a discount. If you notice this, then please get in touch with us via the “contact us” section of our website. Food Circle Supermarket is not obliged to amend its pricing, or the amount you have paid for a product, regardless of the retail prices in other outlets.
12.10 Food Circle Supermarket is not obliged to offer lower prices than other retail outlets. Whilst we aim to offer a discount compared to mainstream retail (i.e. supermarkets and other online retailers) we cannot guarantee that our prices are lower than other outlets and are not obliged to amend prices on the basis of prices offered in other physical or online retail outlets.
12.11 Food Circle Supermarket is a specialised retailer in surplus food and drink redistribution. We uphold our responsibility to protect our suppliers’ brands. Therefore, Food Circle Supermarket reserves the right to monitor customer purchasing behaviour. Food Circle Supermarket also reserves the right to refuse orders or restrict customer order quantities of particular products or brands on a discretionary level, if there is a perceived or potential risk to a supplier’s brand(s). These restrictions can be imposed at the discretion of Food Circle Supermarket at any time.
12.12 Food Circle Supermarket will occasionally offer special discounts or offers on its products or delivery charges. Food Circle Supermarket reserves the right to withdraw such offers at any time, in which case such offers and discounts will no longer apply. Any advertising, promotion, or public or private communication of special offers or discounts that are subsequently withdrawn is null and void from the moment that the offer is withdrawn.
12.13 As a specialised retailer of surplus food and drink, Food Circle Supermarket is designed for personal use only. As such, the products that Food Circle Supermarket sells through its channels are strictly for personal consumption only. Our products and our website are strictly not to be used for re-sale or drop-shipping purposes, or for supply to other businesses. Food Circle Supermarket reserves the right to refuse or cancel any order that it perceives to be in breach of this condition. We also reserve the right to close down or block any customer account that is found to be in breach of this condition. These restrictions can be imposed at the discretion of Food Circle Supermarket at any time.
13. e-Gift cards
13.1 You can purchase an e-gift card (in the form of a digital code) from us in the same way as any of our other products, however:
- 13.1.1 you cannot purchase an e-gift card using another gift card as payment
- 13.1.2 e-gift cards are valid for 12 months from the date of purchase
- 13.1.3 e-gift cards may only be redeemed on the website from which they were purchased).
13.2 e-Gift cards are refundable only prior to usage, and only to the individual they were purchased by.
13.3 e-Gift cards are NOT exchangeable for cash, or any other form of monetary transaction.
13.4 Food Circle Supermarket reserves the right to update and change the terms and conditions of our Food Circle e-gift cards at any time. This does not affect your legal rights.
13.5 Use of your Food Circle e-gift card constitutes acceptance of all of our Terms and Conditions and we therefore recommend you read them carefully.
13.6 Food Circle gift cards remain the property of Food Circle, and we reserve the right to cancel the e-gift card in situations where it is deemed necessary to do so.
13.7 e-Gift cards are valid for one use only
13.8 Where shipping/delivery costs are involved in a purchase made using an e-gift card, the value of the e-gift card must be used to cover of delivery costs as well as the cost of the product.
13.9 The maximum amount that an individual Food Circle e-gift card can hold is £100.00; this limit cannot be exceeded by performing balance transfers
13.10 In cases where your Food Circle e-gift card is lost or stolen, Food Circle is unable to replace or reimburse the remaining balance on a card. Food Circle cannot be held responsible for the any balance lost on a Food Circle gift card as a result of theft or fraud.
13.11 e-Gift cards come in the form of an email code only and are NOT physical gift cards.
Personal data we collect from you & how we use it:
- Customers/shoppers - we collect some information that is necessary to fulfil and dispatch your purchase through our website, and communicate with you about your order. We collect your first and last name, billing address and postcode, shipping/delivery address and postcode, and email address. We also offer you the option to provide your phone number so that you can receive SMS order updates, and so we can contact you about your order if necessary. Our website also collects some anonymous information on your visit to help us improve our site. This includes, but is not limited to, page visits, time spent on page, location (town/city, county and country), referral source, searched terms, and discount codes used.
- Email marketing subscribers - if you choose to subscribe to our email marketing updates, we collect your email address. You can also choose to provide your first name, last name and birthday (optional). This information is used to send out email updates, news and offers/promotions. You can update your settings or unsubscribe from these at any time by using the unsubscribe links contained within our emails.
- Text Marketing and notifications (if applicable): By entering your phone number in the checkout, or our text message marketing signup form, and subscribing via our subscription, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 5 per month. You can unsubscribe from further text messages by clicking on the unsubscribe link. Sending text messages or using automations requires you to feed phone numbers or recipient names into our importer. We will store and use this data to show you campaign analytics and results including message delivery status, sent status, and in some cases whether the purchase resulted in a sale. If you decide to use our link shortener in text messages, we will collect information on whether the link was clicked or not and use it to display results in your analytics. Any other third party service that you may decide to use outside of the scope of smsbump.com (third party link shortener, GA tracking, etc) you will be referred to their specific third party policies which you need to agree with. Upon sending the text messages, we will pass the data to our text messages operator to fulfill their delivery. Information is being shared to our operator only upon initialising a marketing campaign. If your recipients no longer wish to receive messages they have to reply to the message with STOP52202 or reach out to us at the email address below so we can unsubscribe them successfully.
- All website visitors - When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing your personal information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We also use several third-party "apps" within our website (acquired via Shopify store) to help our website to run smoothly and efficiently, and to provide the best customer experience possible. Some third-party apps require access to information from our website, such as customer information, customer contact information, order information, discount codes and website analytics. This information allows these apps to enhance the user experience on our website and help our business to function more effectively. Contact Food Circle Supermarket Ltd directly for more information on which 3rd party apps your data may be shared with.
For customers/shoppers who make an online purchase from our Site, we also transfer some of your Personal Information to our third party shipping partner ("courier"), which is necessary for your purchase to be delivered to you. This information includes your name and delivery/shipping address in order for your purchase to be delivered, as well as your email address (if provided) and/or phone number (if provided) so that the courier can send you tracking information and communicate with you relating to the dispatch and delivery of your order.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a legal obligation, witness summons, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We do not sell, rent or transfer your Personal Information to third parties for their marketing purposes unless you agree otherwise.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by using the form on our Contact Us page.