1.    These terms

1.1            What these terms cover. These are the Terms and Conditions on which the Cook / Creators / Vendor and their chosen delivery methods / services supply food or products / produce to you.

1.2            Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how the Cook / Creators / Vendor provide the food or products / produce to you, including delivery, the Marketplaces’ role throughout the process, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.    Information about us and how to contact us

2.1            Who we are. We are Cookn and we own and trade through our website www.cookn.co

2.2            How to contact us. You can contact us by writing to us here.

2.3            How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3.    Website access

You may access some areas of the website without making an order or registering your details with us. Most areas of the website are open to everyone.

4.    Your status

4.1            Capacity and age: By placing an order through the website, you warrant that:

4.1.1           You are legally capable of entering into binding contracts; and

4.1.2           You are at least eighteen (18) years old.

4.2            You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Cook / Creator / Vendor directly to check that the food or products / produce you would like to order is suitable for you, before placing your order directly with them through the website.

4.3             While the Cook / Creator / Vendor may make every effort to prevent cross-contamination in their kitchens, we cannot guarantee that any food or products / produce the Cook / Creators / Vendor make are one hundred percent (100%) free of any specific allergen.

5.    Our contract with you

5.1            How the Cook / Creator / Vendor will accept your order. The Cook / Creator / Vendor’s acceptance of your order will take place when the Marketplace notifies you that he/she has accepted it, at which point a contract will come into existence between you and the Cook / Creator / Vendor.

5.2            If the Cook / Creator / Vendor cannot accept your order. If the Cook / Creator / Vendor is unable to accept your order, or your order is out of stock, we will inform you of this as soon as practical possible and will not charge you for the food or products / produce.

6.    Our Food and Products / Produce

Food and products / produce may vary slightly from their pictures. The images of the food or products / produce on the Website are for illustrative purposes only. Your food or products / produce may vary slightly from those in the images.

7.    Your rights to make changes

If you wish to make a change to the food or products / produce you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10- Your rights to end the contract).

8.    Our rights to make changes

8.1            Minor changes to the Food or products / produce. We may change the food or products / produce to reflect changes in relevant laws and regulatory requirements, such as:

8.1.1  The Food Safety and Hygiene (England) Regulations 2013;

8.1.2  The General Food Regulations 2004;

8.1.3  Food Safety Act 1990; and/or

8.2            More significant changes to the food or products / produce and these terms. In addition, as we informed you in the description of the food or products / produce on our Website, we may make changes to the food or products / produce, but if we do so we will notify you and you may then contact us to cancel the order before the changes take effect and receive a refund for any food or products / produce paid but not received

9.    Providing the Food or Products / Produce

9.1            Delivery costs. The costs of delivery will be as displayed to you on the individual Cook / Creator / Vendor’s page on our website.

9.2            Delivery and/or collection of the Food or Products / Produce. In addition to the initial description on the website, the Cook / Creators / Vendor will liaise with you post confirmation of the order to arrange delivery and/or collection of the food or products / produce (where appropriate). During the order process the Cook / Creators / Vendor will let you know when the food or products / produce will be ready for delivery and/or collection (where appropriate). The estimated completion date for the food is as selected by you during the order process. The estimated delivery date of products / produce will be confirmed to you in your order summary but may vary occasionally due to circumstances outside our control due to third party delivery suppliers (where collection is not offered, or within the stipulated collection radius).

9.3            We are not responsible for delays outside our control. If the Cook / Creator / Vendor’s supply of the food or products / produce is delayed by an event outside of their control then they will contact you as soon as possible to let you know and they will take steps to minimise the effect of the delay. Provided the Cook / Creator / Vendor does this they will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for food or products / produce you have paid for but not received.

9.4            If you are not at home when the Food or Products / Produce is delivered. If no one is available at your address to take delivery and the food or products / produce cannot be posted through your letterbox or to the pre-agreed delivery place.  The Cook / Creator / Vendor or their agent will contact you through the website informing you of how to rearrange delivery. Any additional costs incurred by rearranging the delivery will be charged to you by the Cook / Creator /Vendor upon confirmation of the agreed new delivery arrangement.

9.5            If you do not re-arrange delivery/collection. If food or products / produce cannot be delivered to you from the Cook / Creator / Vendor as arranged or if, after a failed delivery to you, clause 11 will apply.

9.6            Your legal rights if the Food or Products / Produce is severely late. You have legal rights if the Cook / Creator / Vendor or their agent delivers any food or products / produce severely late. If they miss the delivery deadline then you may treat the contract as at an end straight away if any of the following apply:

9.6.1              The Cook / Creator / Vendor agreed to deliver the food or products / produce, but then refused to do so;

9.6.2              delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

9.6.3              you told the Cook / Creator / Vendor before we accepted your order that delivery within the delivery deadline was essential.

9.7            Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 9.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if the Cook / Creator / Vendor does not meet the new deadline. As per clause 9.4, any additional costs involved in rearranging the delivery will be charged to you by the Cook / Creator / Vendor through the website.

9.8            When you become responsible for the Food or Products / Produce. The food or products / produce will be your responsibility from the time it is delivered to the address you gave us, or a carrier organised by you, to collect it from the Cook / Creator / Vendor. 

9.9            What will happen if you do not give required information to us. If you have requested delivery of the food or products / produce, the Cook / Creator / Vendor will need certain information from you so that they can deliver the food or products / produce to you, for example, where to deliver, who to contact upon arrival, and any other important delivery information. This information will be requested in the Delivery form that will be sent to you by the Cook / Creator / Vendor. If you do not give the Cook / Creator / Vendor this information within a reasonable time of the Cook / Creator / Vendor asking for it, or if you give the Cook / Creator / Vendor incomplete or incorrect information, they may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate them for any extra work that is required as a result. The Cook / Creator / Vendor will not be responsible for supplying the food or products / produce late, or not supplying any part of the order if this is caused by you not giving them the information they need within a reasonable time of the Cook / Creator / Vendor asking for it.  If you have stated that you will collect the food or products / produce (where this option is offered / available), then the Cook / Creator / Vendor will be in contact with you with the required information for you to pick up the food or products / produce.

9.10         Reasons we may suspend the Food or Products / Produce order fulfillment to you. We may have to suspend the supply of the order to:

9.10.1      deal with technical problems or make minor technical changes;

9.10.2      unforeseen circumstances that have impacted the Cook / Creator / Vendor’s ability to provide the service;

9.10.3      make changes to the order to reflect changes in relevant laws and regulatory requirements; and/or

9.10.4      make changes to the order as requested by you or notified by us to you (see clause 8).

10           Your rights to end the contract

10.1          You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

10.1.1      If what you have bought is misdescribed you may have a legal right to end the contract (or to get the Consumable reproduced, or to get some or all of your money back), see clause 10.2;

10.1.2      If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3      In all other cases (if we are not at fault and there is no right to change your mind), see clause 11.

10.2          Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any food or products / produce which has not been provided. The reasons are:

10.2.1      we have told you about an upcoming change to the food or products / produce, or to these terms which you do not agree to (see clause 8.2);

10.2.2      we have told you about an error in the price or description of the food or products / produce you have ordered and you do not wish to proceed;

10.2.3      there is a risk that supply of the food or products / produce may be significantly delayed because of events outside our control;

10.2.4      we have suspended supply of the food or products / produce for technical reasons, or notify you we are going to suspend it for technical reasons, you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.6).

10.3          Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most food or products / produce bought online you have a legal right to change your mind within 14 days and receive a refund.  As certain food or products / produce supplied by the Cook / Creators / Vendor and marketed on the Marketplace is liable to deteriorate or expire rapidly, clause 28 (1) (c) of the Consumer Contracts Regulations 2013 therefore excludes your right to change your mind, except where products / produce has a shelf life that will allow it to be resold within a reasonable timeframe beyond the 14 day window.

10.4          Our goodwill guarantee. Please note, that if you are unhappy with the food or products / produce you have been supplied, we operate a goodwill policy on an individual basis.  If you wish to return any food or products / produce please contact the Marketplace immediately by using the contact details in clause 2.2.

11     Our rights to end the contract

11.1         We may end the contract if you break it. We may end the contract for the food or products / produce at any time by writing to you if:

11.1.1      you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the food or products / produce; or

11.1.2      you do not, within a reasonable time, allow us to deliver the food or products / produce to you or collect it (where this option is offered by the Cook / Creator / Vendor).

11.2         You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for food or products / produce we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12     Summary of your legal rights.

12.1         Cook / Creators / Vendor are under a legal duty to supply food or products / produce that are in conformity with this contract. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk  or call 03454 04 05 06.

12.2         Your obligation to return rejected Food or Products / Produce. If you wish to reject the food or products / produce you should arrange its return by using the details provided in clause 10.

13     Price and payment

13.1         Where to find the price for the Food or Products / Produce. The price of the food or products / produce (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of your order.

13.2         We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the food or products / produce, we will adjust the rate of VAT that you pay, unless you have already paid for the food or products / produce in full before the change in the rate of VAT takes effect.

13.3         What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the food or products / produce we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

13.4         When you must pay and how you must pay.

13.4.1     You will pay for products / produce as soon as you place your order. For food, you will pay as soon as the Cook / Creator / Vendor accepts your order on the Marketplace. We will not charge your credit or debit card for food orders until the Cook / Creator / Vendor has accepted your order on the Marketplace.

13.4.2   We process all our payments using, Their general terms of service can be found here.

14.    Consumer / Customer obligations:

14.1        ensure that the terms of the order and any information it provides are complete and accurate;

14.2        co-operate with the Cook / Creator / Vendor and the Marketplace;

14.3        provide the Cook / Creator / Vendor with access to your premises in order to deliver the food or products / produce (where applicable);

14.4        provide the Marketplace with such information and materials as the Marketplace may reasonably require in order for the Cook / Creator / Vendor to produce the food or products / produce, and ensure that such information is complete and accurate in all material respects; and

14.5        If the Cook / Creator / Vendor or the Marketplace performance of any of its obligations is prevented or delayed by any act or omission by you or your failure to perform any relevant obligation:

14.5.1     without limiting or affecting any other right or remedy available to it, the Marketplace shall have the right to suspend performance of the order until you remedy the default, and to rely on the default to relieve itself from the performance of any of its obligations in each case to the extent the default prevents or delays the Cook / Creator ?vendor and Marketplaces’ performance of any of their obligations;

14.5.2     the Marketplace shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from the Cook / Creator / Vendor’s or Marketplace’s failure or delay to perform any of its obligations; and

14.5.3     you shall reimburse the Cook / Creator / Vendor and Marketplace on written demand for any costs or losses sustained or incurred by the Cook / Creator / Vendor and Marketplace arising directly or indirectly from your default.

15.    The Cook / Creator / Vendor’s responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.    Data protection

16.1       Our privacy policy sets out the principles and legal conditions that the Marketplace must satisfy when obtaining, handling, processing, transporting or storing personal data in the course the Marketplace’s operation and activities, including Customer / Consumer, supplier, and employee data.

16.2      We will only use your personal information as set out in our Privacy Policy found at: https://www.cookn.co/privacy-policy.

16.3       We do not store any personal information regarding payment details for any order made through the Marketplace. For any issues and/or queries in relation to credit or debit card payments and data retention, please look at our payment platform providers terms and conditions found here.

17.    Termination

17.1     Without affecting any other right or remedy available to it, either party may terminate the order with immediate effect by giving written notice to the other party if:

17.1.1   the other party commits a material breach of its obligations under the Contract;

17.1.2   the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

17.1.3  Without affecting any other right or remedy available to it, the Marketplace may terminate the Contract with immediate effect by giving written notice to the Customer / Consumer if the Customer / Consumer fails to pay any amount due under the Contract on the due date for payment.

18.    Other important terms           

18.1         Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.2         Non-circumvention. No party shall attempt to or actually circumvent or interfere with business relationships of the Marketplace or the Cook / Creators / Vendor, their clients or sources of transactions. The Cook / Creators / Vendor shall not, directly or indirectly, establish, or receive compensation for or receive, any interest, investment, financing, or participate in any merger, acquisition, joint venture, agency, vendor, or other relationship with the Marketplace’s clients or sources of transactions, in circumvention of the business relationships between the Cook / Creator / Vendor’s and the Marketplace’s clients or sources of transactions.

18.3         If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4         Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the food or products / produce, we can still require you to make the payment at a later date.

18.5         Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the food or products / produce in the English courts.