Terms and conditions

HOMYCHEF LIMITED - Platform terms and conditions

Please review these terms and conditions carefully and, in particular, paragraphs 7 (allergen information), 9 (price and payment) 11 (delivery) and 16 (responsibility for loss or damage suffered by you). 

  1. These terms
    1. Homychef is able to connect you with local chefs we partner with (Partner Chefs) to enable you to order and purchase food products (Products) via our site or app www.homychef.co.uk or any other website or mobile applications operated by us or on our behalf (the Platform) from Partner Chefs. Homychef will act as an agent on behalf of the Partner Chef when you order Products from a Partner Chef via our Platform. 
    2. These terms and conditions (Terms) set out the basis on which: (i) we provide the introduction, e-commerce and delivery services (Services) to you and on which (ii) you purchase the Products from the Partner Chefs (whose details are set out within their shop fronts on the Platform). You can search for the Partner Chefs in your delivery area by inputting your post code in the search field. 
  2. Please read these Terms carefully before using our Services and before ordering any Products. If you think that there is a mistake in these Terms, please contact us to discuss. 
  3. By using our Services and ordering Products via the Platform, you agree to be bound by these Terms.
  4. We may make changes to these Terms from time to time, but if we do so we will notify you and you may then contact us to delete your account if you no longer wish to use the Services once the change has come into force. 
  5. Information about us and how to contact us
    1. We are Homychef Limited (Homychef) a company registered in England and Wales. Our company registration number is 13114407 and our registered office is at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ. Our registered VAT number is 392938448.
    2. You can contact us by emailing us at [email protected] or by writing to us at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ. As we act as agent for the Partner Chefs in relation to their contract with you, if you wish to contact a Partner Chef you should contact us in the first instance. As mentioned, above, you can search for Partner Chefs in your delivery area by inputting your post code in the search field. 
    3. 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.
  6. Services
    1. As set out in paragraph 1.1, as part of the Services, we connect you with Partner Chefs on our Platform to enable you to buy Products from them. Once your order has been confirmed, we will arrange the delivery of the Products to you (Delivery).  As part of our Services, we also collect payment from you for the Products on behalf of the Partner Chefs. However, each Partner Chef is solely responsible for the Products supplied. 
    2. We may make changes to the Services:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat. 
  7. These changes will not affect your use of the Services. 
  8. We may have to suspend the Services to:
    1. deal with technical problems or make minor technical changes; or
    2. update the Services and/or the Platform to reflect changes in relevant laws and regulatory requirements. 
    3. We may write to you to let you know that we may stop providing the Services. Where possible, we will let you know at least 30 days before doing so. 
  9. Your Account
    1. You will need to have an account with us to place orders for Products on the Platform. If you wish to open an account with us, you will be asked to create a password when you do so.
    2. You must keep your account access details and password secure and confidential. 
    3. If another person accesses your account, for example because you remained logged into your account on a public computer, you will be required to pay for any Products ordered. We are not responsible for any losses suffered by you as a result of your not keeping your account details or password safe. We are, however, responsible for losses suffered by you, subject to paragraph 16, if someone obtains your account details and password because we did not keep them safe. 
    4. Once you have created an account with us, your account will continue for an indefinite duration until either we (for the reasons set out in paragraph 4.6) or you decide to close your account.  If you wish to close your account, you can do so at any time by requesting this within the account details section of the Platform or by contacting us using the contact details above.
    5. You can rate and review Products you have purchased via the Platform and/or the Services provided to you (Contributions). If you do so, the Contributions must be accurate (where they state facts), genuinely held (where they state opinions) and comply with the law applicable in England and Wales. Please note any Contributions will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the Contributions, but you are required to grant us, other customers and Partner Chefs a worldwide, non-exclusive, royalty free, transferable licence to use, display, store and copy those Contributions and to distribute and make it available to third parties.  We may monitor such Contributions from time to time, but we are under no obligation to do so. If we believe a Contribution does not comply with this paragraph, we may, in addition to our rights under paragraph 4.6, whether temporarily or permanently, remove such Contribution from the Platform with immediate effect. 
    6. In certain circumstances we may decide to suspend your access to your account or even close it permanently, for example, if we believe that someone else has used your account, if we believe that you are abusing the Services or the Platform or breach paragraph 4.5. 
  10. Service availability
    1. Each Partner Chef offers its Products within a specified delivery area. We may need to update the delivery area from time to time. By only giving you access to Partner Chefs in whose specified delivery area you are located we ensure that Products are delivered in the best possible condition. 
  11. YOUR STATUS
    1. By submitting an order through the Platform, you confirm that:
      1. you are at least 18 years old; and
      2. you or someone else over the age of 18 will be available to receive Delivery of the Products. 
  12. Allergen information 
    1. Some Products displayed on the Platform may contain allergens such as nuts or gluten. Our Partner Chefs are required to display allergen information in relation to their Products. If you have further questions or would like more detailed information about allergens, please contact us before ordering any Products and we will get in touch with the appropriate Partner Chef. Homychef cannot guarantee that any of the Products sold by our Partner Chefs are free from allergens.
  13. the ordering process 
    1. All Products displayed on the Platform are subject to availability in terms of Partner Chef capacity and ingredients. A minimum order value (excluding delivery charges) applies to all orders. If your order value on checkout is below the minimum order value, you will not be able to complete the checkout process. If you decide to make changes to your order and the minimum order value is subsequently exceeded, then you will be able to complete the checkout process. 
    2. Once you have submitted an order via the Platform you will receive an email acknowledging receipt of your order. Your order is not accepted until we email you to accept it, at which point a contract for the purchase of the Products will come into existence between you and the Partner Chef(s), but also with us for the delivery of the Products. As mentioned above, we simply act as the Partner Chef’s agent for the sale of the Products and do not have a contract of sale with you. 
    3. If your order for any Product is not accepted due to lack of sufficient Partner Chef capacity or availability of ingredients, then we will inform you of this in writing. We will then provide you with an alternative Product, which may be subject to a different price, in which case you can decide whether or not to accept this alternative (we would contact you by phone to confirm any changes), or we will not charge you for the relevant Product. If you do not wish to accept an alternative, or do not wish to place the order without the missing Product, you may cancel the entire order without charge. 
    4. If we can no longer supply a Product once your order has been accepted we will let you know as soon as possible and, as mentioned above, either offer you an alternative, which may be subject to a different price or adjust the price so that you do not pay for a Product we cannot deliver. You may contact us to cancel the order for the Product or the entire order if a Product can no longer be provided or the delivery time cannot be met, and we will refund any sums you have paid in advance for the Products.
    5. We will assign an order number to your order and inform you of this when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
    6. Once you have submitted an order via the Platform and your payment has been authorised, you may only change or cancel your order up to 48 hours before the Delivery Window. Within 48 hours of the Delivery Window, you will not be entitled to change or cancel your order, nor will you be entitled to a refund. If you wish to change or cancel your order, you may contact our team as set out in paragraph 13.1 and they will contact the Partner Chef.
    7. The Platform is solely for the promotion and sale of Products in certain parts of the UK. Unfortunately, we do not accept orders from or delivery to addresses outside the UK.
  14. Price and payment 
    1. The price of Products (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of any Product advised to you is correct. However, please see paragraph 9.3 for what happens if we discover an error in the price of any Product you order.
    2. If the rate of VAT changes between your order date and the date we deliver the Product we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
    3. It is always possible that, despite our best efforts, some of the Products displayed on the Platform may be incorrectly priced. We will normally check prices before your order is accepted so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before your order is accepted. If your order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may contact you to cancel the order, refund you any sums you have paid (including delivery charges) and may require the return of any Products provided to you.
    4. If while you are shopping on the Platform the price of a Product already in your basket is increased or decreased, you will be charged the price of the Product at the time you check out your order.  However, you will be advised of such price increase or decrease before you check out. 
    5. The total price payable by you will be displayed on the checkout page and will include the price for the Products, delivery charges and any applicable VAT. 
    6. We currently accept payment via Stripe, which accepts a wide range of debit and credit cards. You must pay for the Products and Delivery and we will process your payment once you have submitted your order.   
    7. You will receive an email confirming that your order has been completed once the Products you have ordered have been delivered to you in accordance with paragraph 11. If you think a receipt is wrong please contact us promptly to let us know. 
  15. The products
    1. The images of Products on our Platform are for illustrative purposes only. Although we have made reasonable efforts to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
    2. The packaging of Products may vary from that shown in images on our Platform.
    3. We may make changes to Products, but if we do so we will notify you and you may then contact us to cancel any order before the changes take effect, and receive a refund for any Products paid for but not received.
  16. Delivery
    1. The costs of Delivery will be as displayed to you on the Platform.
    2. When you place an order you will be given an estimated delivery window (Delivery Window). Please note that the delivery time slot notified to you is an indication only.  We cannot promise that your order will be delivered within the delivery time slot and we may deliver your order at any point during the Delivery Window. 
    3. Please ensure that you or another person over the age of 18 can take delivery of your order during the Delivery Window.  We do not usually deliver to a neighbour or leave your order in a safe place at the delivery location unless you expressly ask us to do so by contacting us via email at [email protected].  If we deliver the Products to a neighbour or leave them in a safe place, as instructed by you, we will not be liable as a result of the Products not being within your or our control. We cannot be held responsible for any theft of the Products, tampering, contamination or results of changes in temperature.  Our delivery drivers do not check whether the safe place specified by you, including any cool box or other container left in such safe place, is suitable when delivering the Products as requested.   
    4. We will do our best to deliver your order within the Delivery Window. However, sometimes we may not be able to do so as a result of events outside our reasonable control, such as adverse weather conditions or traffic. If this happens, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we take these steps, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received.
    5. It is your responsibility to keep your contact details and in particular the delivery location up to date. 
    6. If you or another person over the age of 18 is not available to take delivery of your order and you have not instructed us to leave it with a neighbour (who is over the age of 18) or in a safe place, then we will not deliver the Products to you and not attempt a further delivery. You will be responsible for all our costs and expenses if this is the case and we will still charge you for any Products that can no longer be sold to another person, and for the delivery. 
    7. If you refuse to take delivery of the Products, we may still charge you for the Products and the delivery charges.   
    8. The Products will be your responsibility from the time we deliver them to the address you gave us or deliver the Products in some other way under this clause.  You own the Products once we have received payment in full or we have delivered the Products, whichever is later.
  17. Closing your account
    1. As mentioned in paragraph 4.4, you can close your account at any time. The Services we provide relating to your order, and for which you pay delivery charges, are ancillary to your order for Products, and are therefore linked to your rights relating to the order for Products. 
    2. You may cancel an order for the purchase of Products in the following circumstances: 
      1. If what you have bought is misdescribed you may have a legal right to cancel an order with the Partner Chef either for all Products ordered from that Partner Chef or only for the faulty or misdescribed Product (or to get the Product repaired or replaced or to get some or all of your money back), see paragraph 15;
      2. If you want to cancel an order because of something we or our Partner Chefs have done or have told you we are going to do, see paragraph 12.3;
      3. In all other cases (if we or the Partner Chef are not at fault and there is no right to change your mind), see paragraph 13
    3. If you are cancelling an order for a reason set out at (a) to (e) below the order will be cancelled immediately immediately and we will refund you in full for any Products (including any delivery charges) which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the Product or these Terms which you do not agree to (see paragraphs 1.4, 3.2 and 10.3);
      2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the Products may be significantly delayed because of events outside our control;
      4. we can no longer supply the Product, or
      5. you have a legal right to cancel an order because of something we have done wrong.
    4. The rights set out above are in addition to statutory rights available under applicable laws. 
  18. How to Close your account
    1. If you wish to close your account for the Platform, please let us know by email sent to us at [email protected]. Please provide your name, home address, and phone number or email address.
  19. Our rights to close your account
    1. In addition to our right to suspend or terminate your use of the Services as described in paragraph 4.6 above, we may close your account and/or cancel any orders for the purchase of Products at any time by writing to you if:
      1. you do not make any payment to us when it is due; or
      2. you do not allow us to deliver the Products to you in accordance with paragraph 11 (and, in particular, if you or another person over the age of 18 is not present to take delivery as set out in paragraph 11.6 or you refuse to accept delivery as set out in paragraph 11.7). 
    2. If we close your account and/or cancel any orders in the situations set out in paragraph 14.1, and subject to paragraph 11.6, any money you have paid in advance for Products we have not provided will be refunded to you but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach.
  20. If there is a problem with the products or the services 
    1. If you have any questions or complaints about the Products or Services please contact us. You can write to us at [email protected].  
  21. responsibility for loss or damage suffered by you 
    1. If we or any Partner Chef fails to comply with these Terms, we or the Partner Chef (as applicable) are responsible for loss or damage you suffer that is a foreseeable result of our or the Partner Chef’s breach or our or the Partner Chef’s failing to use reasonable care and skill, but we and the Partner Chef 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 relevant contract was made, we or the Partner Chef and you knew it might happen, for example, if you discussed it with us or the Partner Chef during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights; and for defective products under the Consumer Protection Act 1987.
    3. The Platform is for domestic and private use only. If you purchase the Products for any commercial, business or re-sale purpose neither we nor the Partner Chefs will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
  22. How we may use your personal information

We will only use your personal information in accordance with the terms of our privacy policy available here www.homychef.co.uk/privacy. Where appropriate, we will share your personal information with the relevant Partner Chef. Further information about this is also set out in our privacy policy www.homychef.co.uk/privacyand the Partner Chef’s privacy policy. 

  1. Other important terms
    1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights. If you are unhappy with the transfer you may contact us to delete your account with us. 
    2. The Partner Chefs may only transfer their rights and obligations under these Terms to another organisation if we have informed you of this in writing and your rights are not affected by the transfer. If you are unhappy with the transfer you may contact us to end close your account and/or cancel any orders with the Partner Chef. 
    3. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree if the person you wish to transfer your rights to has been suspended or blocked from using our Services.
    4. These Terms set out the relationship between you and us for the provision of the Services, and also your contract with the Partner Chefs for the purchase of the Products. Nobody else has rights under these Terms or those contracts. 
    5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
    6. If we or a Partner Chef do not insist immediately that you do anything you are required to do under these Terms, or if we or a Partner Chef delay in taking steps against you for breaking any provisions of these Terms, that will not mean that you do not have to do those things and it will not prevent us or the Partner Chef from taking steps against you at a later date. 
    7. These Terms are governed by English law and you can bring legal proceedings about the Products in the English courts.