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Introduction
The Terms and Conditions set out below, together with the documents expressly referred to in it, sets out important information about us and the legal terms and conditions on which we sell any of the products listed on our Website, www.ketokitchenlytham.co.uk direct to yourself when you order any products from our website.
The Terms and Conditions will apply to any contract between us for the sale of products to you (contract). Please read these terms and conditions carefully before ordering any products from our website. Please note and understand that by ordering any of our products, you agree to be bound by these terms and conditions and the other documents expressly referred to in it.
The Keto Kitchen Lytham Ltd (KKL) reserve the right to change, modify or withdraw an incentives at any time without any prior notice. The details of the scheme are not a contract, nor is it implied to be one. We may amend these Terms & Conditions from time to time. Every time you order products from us, the Terms & Conditions in force at that time will apply to the contract between you and us.
We aim to process all orders, cook, package and despatch within the guidelines provided.
Do not consume a product if you have any doubts whether the product is fit for consumption. Please contact us immediately without attempting to consume the Product.
You should print a copy of these Terms & Conditions for future reference.
Information about us
We operate the Keto Kitchen Lytham Website. We are The Keto Kitchen Lytham Limited, a company registered in England and Wales, registration number 11048763, our registered office is: 9 St Andrew’s Road South, Lytham St Annes, FY8 1SX.
To contact us, please click here
Our Products
The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from the displayed images.
Although we have made every effort to be as accurate as possible as our products are made to order, all sizes, weights, capacity, dimensions, and measurements indicated on our website have a 5% tolerance. All the weights are uncooked weights.
The packaging of the Products may vary from that shown on images on our website.
All Products shown on our website are subject to availability.
Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
Use of our Website and Privacy Information
We ensure that we abide with applicable law regarding your personal data. Please see our Privacy Policy for more information.
Please take the time to read these Policies as they include important terms which apply to you.
Business Customers
If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our website to purchase Products.
These Terms and Conditions and any document expressly referred to in them constitutes the entire agreement between you and us, supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to them.
You and KKL agree that neither of us shall have any claim for innocent or negligent misstatement based on any statement in this Contract.
Contract Formation between you and us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you place your order, you will receive an email from ourselves to acknowledge that we have received your order. Our acceptance of your order will take place as described in 5.4.
We will confirm our acceptance to you by sending you an email that confirms that the order has been accepted, unless otherwise stated by KKL.
We shall assign an order number to the order and inform you of it when we confirm your order. Acceptance of your order is on delivery of the confirmation email.
If we are unable to supply you with a Product, for example that the Product is no longer in stock, or not available due to an error in the price on our website as referred to in the clause 13.5. We will inform you of this by email or telephone call and will process this order. If you have already paid for the Products, we will change and credit the meal.
We reserve the right to decline any order for any reason up until the order has shipped.
Allergy Information
If you have an allergy, you are responsible for checking our Website before placing an order to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us at talktous@ketokitchenlytham.co.uk. All of the packaging for our products is labelled to show any allergen advice, but please note that our Products may contain allergens including eggs, soybeans, fish , lactose, nuts, celery, mustard and sulphites.
All Products are packed in a facility that handles nuts. Any severe allergy sufferers should contact us before placing an order.
The ingredient and allergen information provided on the website is subject to change, please follow the information provided on the product label when delivered.
Substitutions
We will always try our best to supply exactly what you have ordered, however there may be occasions when we need to substitute an item or ingredient. We reserve the right to substitute any ingredients that we may not be able to provide and reasonably exchange for a similar item. If you are not happy with any substitution, please contact us at talktous@ketokitchenlytham.co.uk.
If you have noted a request to substitute (ie. No fish, no mushroom),we will substitute any dishes containing your requests with other meals from the menu or from our frozen selection. Please be aware, requesting to not receive an ingredient will result in any dishes containing that ingredient being substituted - including dishes containing traces of the ingredient therefore please be specific when requesting substitutions.
We do not offer halal, meat free, vegetarian, vegan, nut free, dairy free or kosher meal plans. If this is requested in the comment box, we reserve the right to cancel the order as it is not something we can cater to.
When requesting a meal to be replaced with another meal, please ensure it is an equivalent meal (ie. lunch dish for lunch dish, evening meal for evening meal). Other requests may not be honoured at our discretion.
Variation of Terms
We may revise these Terms from time to time.
Every time that you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended with the relevant date at the top of this page.
Consumer returns and refunds (Applicable to consumers only)
If any of goods are not fit for consumption on receipt of delivery, please contact us immediately with a picture of the faults so that we can investigate. You must not consume a Product that you believe is not fit for consumption. If you have any doubts, do not attempt to consume the Product and contact us immediately. We will endeavour to reply as a matter of urgency, but if the reply is delayed – please do not consume the Product. If your containers arrive broken or cracked in any way, then please report this to us via email talktous@ketokitchenlytham.co.uk with pictures of the damaged containers and name of the meal. We will then endeavour to send you a replacement meal of the same value with your next order or provide a discount code to use against a future order. Unfortunately as meals are made to order, we cannot reship items.
We do not part ship orders, if upon delivery you discover you are missing items, this must be reported to us within 24 hours of delivery. We do not accept any claims raised after this period. We will then endeavour to send you a replacement meal of the same value with your next order or provide a discount code to use against a future order or refund of missing item. Please note, we are unable to ship replacement meals.
Most of the Products on our site are perishable. This means that the right to cancel a Contract does not apply. However, we do understand that sometimes you may need to cancel an order.
Cancellation and Refunds
Meal plan orders: All cancellations/changes should be made by Wednesday by 2pm. If you contact us after this time, it may be possible to cancel a scheduled delivery, but charges will apply for anything cancelled after the cut off time.
Other orders: All cancellations/changes must be made prior to confirmation that the order has shipped. Orders will be refunded minus any costs incurred by us.
All cancellations will result in a refund back to the card used at the time of ordering, minus the card transaction fees we have incurred.
For non-perishable goods, your legal rights to cancel still apply.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standard Office.
If you have returned a Product to us because it is either faulty or not as described, we will refund the cost of such defective Product in full, together with any applicable delivery charges or reasonable costs that you may incur in returning the Product to us.
You have a legal obligation to keep the products in your possession and to take reasonable care of the Products while they are in your possession.
Where applicable, refunds will be made to you using the same method and to the same account that was used by yourself to pay for your order.
If upon receipt of your delivery you find that the meals have not reached you in a satisfactory condition then please get in touch as soon as possible to discuss. We will request a picture and a description of the meal. Please notify us within 24 hours of receiving your delivery.
We will look into the issue reported with our production team and you will either be offered a replacement meal of similar value in your next delivery or a discount against a future order.
All discounts or meal replacements are made at KKL's discretion.
If we have to cancel an order for Products before they are delivered due to an event outside our control, or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.
Promotional Offers/Voucher and Referral codes
From time to time, we may offer promotions. We reserve the right to extend, withdraw or cancel promotional items, special offers or voucher codes, at any time for any reason without notice. All offers are subject to availability and while stocks last.
Voucher codes can only be used once per order. We may decline to fulfil any order including a bulk purchase of Products on promotion or included in a special offer. Only one code, special, offer or promotional voucher can be used per order.
You warrant that you are using a voucher code on our site in good faith. If you redeem or attempt to redeem a voucher to which you, or a third party are not entitled, you may be committing a civil or criminal offence.
If we make a refund for a Product that has been purchased on our site under a promotional offer, the refund will be based on the terms of the promotional price. Your statutory rights are not affected.
In the event that discount voucher codes are issued, they will have their own terms associated to them. These terms will be explained at the time the code is issued (if the code is issued electronically or physically, i.e. posted/delivered, then the terms will be explained in writing). If you are in receipt of a code that does not work, please contact customer services. If the code fails to work as a result of its individual terms and conditions, then this will be explained to you.
Any introductory offers are subject to terms and are available as one-off purchases only and we reserve the right not to honour introductory offers at our discretion.
A referral code is limited to one use per household and is only to be shared within your own network and not public forum. An account is limited to a maximum of 10 referrals only.
Voucher codes and referral rewards may only be applied to future orders and may not be exchanged or refunded for cash refunds. Please check if there any time limits to the discount codes and vouchers. This may have a time limit for use. No refunds, exchange or credit will be given for any portions of any unused voucher codes or referral reward past the valid time limit of use.
Delivery
Your order will be fulfilled by the estimated delivery date set out in the order confirmation. Unless there is an event outside our control and we are unable to meet the estimated delivery date, you will be informed by ourselves or our authorised delivery carrier. All delivery dates and times are estimated and are not guaranteed.
Delivery will be completed when we, or our authorised delivery carrier deliver to your nominated address. If no one is available to take delivery, we, or our authorised delivery carrier will follow the instructions you provided at the time of ordering or subsquently on the DPD app. If no instruction is provided, the order will be left in an area that the authorised delivery carrier deems safe. We will also endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
From the completion of delivery, the Products will be your responsibility. You own the products once we have received payment in full including all applicable delivery charges.
Unfortunately, we do not deliver to addresses outside of mainland United Kingdom (for details of where we deliver, please visit the delivery page on our website). However, you may place an order from outside the UK for delivery to an address within the UK.
If a customer refuses a delivery for whatever reason, the parcel will either be destroyed or automatically returned to the sender. Perishable items cannot be resent and refusing an order should be a last resort. Refunds will not be made for deliveries that are refused by the customer to the delivery company. Any cancellation should be scheduled directly via the customer account or direct to ourselves at talktous@ketokitchenlytham.co.uk before production.
The delivery courier will attempt delivery to the address, if no answer, the courier will leave the parcel as per the safe location noted when ordering. The customer gives permission for the authorised delivery carrier to leave the parcel in a location deemed safe. This is however up to driver discretion and cannot be guaranteed.
If the customer is not available at the time of delivery, the courier will leave the parcel in a safe location as per your instruction. If the couriers deems the location unsuitable, we will leave your delivery with a neighbour or in a convenient place.
We do not ship internationally, or to the Isle of Wight, Isle of Man, Channel Islands and Northern Ireland. There are also areas of the Scottish Highlands that we are unable to deliver to. Please contact us prior to ordering for further information.
All meal plan parcels are shipped on a next day service. In the unlikely event that the parcel is not delivered “next day”, the parcel will be delivered the following day. Our packaging is designed to keep the products cold for a minimum of 48 hours. Due to this, we do not deem a parcel to be late until a full 24 hours after the advised delivery date.
Our couriers operate a delivery to first point of entry policy. (This is relevant to multiple occupant properties). A request for a parcel to be delivered to a specific location in a building is at the courier's discretion and we accept no responsibility if requests that require the courier to enter the building, use stairs or lifts or search for individual doors within a property are not followed.
Your delivery will be scheduled and labelled to the address you provide us at checkout. Please ensure this information is entered correctly (you can check the delivery address you provided in the account area and on the confirmation invoice you received via email after ordering). KKL accepts no responsibility for any delay or disposal of goods due to an incorrect or partial address being entered at checkout. Address changes can be made by contacting KKL prior to shipment, any change required after shipping is not guaranteed and will delay your delivery.
Should the customer choose to change the delivery date or delay the delivery with the courier directly, this is done at the customers own risk and KKL will accept no liability should the goods no longer be safe to consume. No refunds will be given for a delay due to a customer request.
Pricing and Delivery Charges
The pricing of our Products will be quoted on our site from time to time. We take reasonable care to ensure that the pricing of our Products are correct at the time that the relevant information is entered onto our system. However, if we discover that there is an error in the price of the Products that you have ordered, please see clause 13.5.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation, unless in the event of an error as per clause 13.5
The price of a Product includes VAT (where applicable) at the applicable rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT applicable that you pay, unless you have paid for the products in full before the change in VAT takes effect.
The price of the Product does not include delivery charges. Our delivery charges are quoted on our site from time to time.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of our Products may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing the purchase of the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details provided during the order process, we will treat the order as cancelled and notify you in writing. In all circumstances, please note that if the pricing error is obvious, unmistakeable and could have reasonably been recognised by yourself as mispricing, we do not have to provide the Products to you at the incorrect (lower price).
Products, promotions, offer codes and limited time offers can be withdrawn from the Website at any time. KKL is not liable to anyone for withdrawing these or for refusing to process an order.
Payment
Our service is a one off delivery service. It is not a subscription or rolling plan. By purchasing from our website, you are not tied into a minimum term or subscription.
Payment for the Products and all applicable delivery charges is in advance, and payment will be taken once you place your order.
All financial transactions are processed by our chosen merchant processor.
If your payment is not accepted or you encounter issues on our website, you may order by contacting us – talktous@ketokitchenlytham.co.uk or via phone 01253 224269. We will issue an invoice via email with a secure link to pay via our chosen merchant processor. If payment is not received by time of dispatch, your order will be cancelled however due to the nature of the Products being made to order, the balance will remain due.
Our Liability
Except as may be implied by law, in the event of any breach of these Terms and Conditions by the user, our liability is limited to the value of the Products and/or Services we supplied. Under no circumstances shall we be liable for any indirect, incidental, or consequential loss or damage whatsoever.
We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence
fraud or fraudulent misrepresentation.
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987
Our Liability to Business Customers (Applicable to consumers only)
We only supply the Products to you for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for:
death or personal injury caused by our negligence
fraud or fraudulent misrepresentation.
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987
Subject to clause 16.2 we will under no circumstances whatever be liable to you, whether in contract, tort (Including negligence),breach of statutory duty, or otherwise, arising under of in connection with the contract for:
any loss of profits, sales, business, or revenue
loss or corruption of data, information, or software
loss of goodwill
any indirect or consequential loss
Subject to clause 16.2 and 16.3 our total liability to you in respect of all other losses arising under or on connection with the Contract, whether in contract, tort (Including negligence),breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the products.
Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (defined below).
An event outside our control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.
If an event outside our control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as is possible to notify you and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over
Communications between us
When we refer, in these Terms, to “in writing”, this will include email.
If you are a consumer:
To cancel a contract in accordance with clause 9, please contact us immediately talktous@ketokitchenlytham.co.uk . If you have any questions relating to your account, please contact us direct.
If you wish to contact us in writing for any other reason, you can send this to us by email or post to: The Keto Kitchen Lytham Ltd, 9 St Andrews Road South, Lytham St Annes,FY8 1SX.
If we have to contact you or give you notice in writing, we will do so by email, telephone or by post to the address you provide to us in your order.
If you are a business:
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next day delivery service, email or posted on our site.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second business day after posting; if sent by email, one business day after transmission; or if posted on our site, immediately.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressees.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other Important Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation - including non-contractual disputes or claims - shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation - including non-contractual disputes or claims.