We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens or email to alert you to our new terms. Your continued use of the Site will be deemed to be acceptance of any new terms.
Who we are
Chefr Limited is a limited liability company incorporated in Scotland. Our company number is SC435189, and our registered office is at 12/7 Slateford Green, Edinburgh, EH14 1NF.
Our contract with you
Your contract with us to purchase a Recipe (including video Recipe files) shall be formed when you complete the online transaction process for that Recipe (“Recipe Contract”). You will have the right to withdraw from this transaction until delivery (i.e. download) of the Recipe has started. Once delivery has started you will not be entitled to cancel the Recipe Contract unless there is a material defect with the Recipe file you have downloaded, in which case you should report the matter to us as soon as possible.
Once you have placed an order for a Gift on our Site, you will receive an email from us acknowledging that we have received the order. This does not mean the order has been accepted. A contract (“Gift Contract”) between us will only be formed once we confirm our acceptance to you by sending you an email confirming the Gift has been dispatched. If a Gift is no longer available we will inform you of this by email and your order will not be processed, or if a payment was taken you will be refunded for the full amount.
Our order process allows you to check and amend any errors before submitting the order. Please take time to read and check your order at each page of the order process.
Your order will be fulfilled by the estimated delivery date set out in the email confirming the Gift has been dispatched. If we are unable to meet this estimated delivery date we will contact you with a revised estimated delivery date. Delivery will be complete when we deliver the Gift to the address you supplied to us in the order process.
If you are a consumer you will have rights under the Consumer Protection (Distance Selling) Regulations 2000. These include the right to cancel the Gift Contract from the date you receive an email confirming the Product has been dispatched. If the Gift has been delivered you have a period of 7 working days to cancel the Gift Contract, starting from the day you receive the Product. To cancel the Gift Contract please send us an email to [firstname.lastname@example.org ]. You will receive a full refund of the price paid for the Gift but please note you are responsible for returning the Gift to us and you must take reasonable care of the Product while it is in your possession. Please return the Product to us as soon as reasonably practicable. We aim to process the refund due to you within 30 calendar days from the date on which we receive the Product back. If the Product you received was faulty we will refund you in full, including delivery charges and any reasonable costs you incur returning the item to us. Any refund you receive will be to the debit or credit card you used to pay for the Product.
Any right to cancel the Gift Contract will not apply to any Gift made to your specification.
Please note that the images of the Gifts on our Site are for illustrative purposes only. Although we make every effort to display the Gifts accurately, any Gift you purchases may vary slightly from those images. All Gifts shown on our Site are subject to availability.
When you register to create an account (“Account”) with us to use a subscription Service, we will email you to confirm if your application is accepted. Our contract with you (“Service Contract”) is formed when we send this email and is comprised of your online application, our email confirmation, and this Agreement. Please note we reserve the right at our discretion to reject applications to use our Service.
The Service Contract will run for an initial period of [12 months] and will then continue unless either you or we give 30 days’ notice to terminate. We won’t increase our charges to you during the initial 12 months, and we will tell you about any increase in monthly charges after that period before they are implemented.
If you are purchasing the Service as a consumer you will have rights under the Consumer Protection (Distance Selling) Regulations 2000. These include the right to cancel the Service Contract within 7 days of it being formed. However if you agree to receive the Service before this 7 day period has ended then your right to cancel will end when you start to receive the Service.
We shall be entitled to terminate the Service Contract at any time if you are in material breach of the Service Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Service Contract if you become insolvent. Where we terminate the Service Contract due to your breach we shall not be obliged to refund any subscription fees you may have paid us.
These rights of termination will also apply to you against us.
You must comply with the terms of the Agreement as set out in these Terms.
- To qualify to use the Service, or purchase Recipes or Gifts, you warrant that you: are over 18 and have full authority to enter in this Agreement.
- You confirm you are not currently restricted from using our Site or from contracting with us; that you will not use the Recipes, Gifts or Service for any commercial purpose (including using the Service to compete with us); that you shall not infringe our rights, including intellectual property rights third parties may have in our Site, Service, Recipe or Gifts; and that you shall only submit information on the Site that you are entitled to submit, which is accurate and not confidential.
- Where you have registered for an Account to use our Service, you shall keep your password secure for use of the Service and not permit others to use your Account. You are responsible for anything that happens through your Account until it is closed down unless the Account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
- You must comply with our Acceptable Use policy as set out below.
- You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.
- You must not store or transmit any material during the use of the Site that is unlawful, dishonest, threatening, defamatory, obscene, infringing, discriminatory or is racially offensive.
- You must not send or transmit any material which infringes any third party intellectual property rights.
- You should not create more than one Account.
- You should not create a false identity or submit inaccurate, false or misleading information.
- You should not transmit any unsolicited advertising such as spam or junk mail.
- You should not knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access the Site and/or Service (whether through web browser, mobile device or other permitted application or medium) and use the Site and/or Service in accordance with this Agreement.
Ownership of data
In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.
All intellectual property rights in any recipes, and in any images, logos, trademarks and materials which may be provided by a third party under this Agreement, shall remain owned by, or validly licensed to, that third party. Nothing in this Agreement is intended to create any rights of ownership in your favour in relation to such intellectual property rights. By purchasing Recipes and/or Gifts you are licensed only to use any third party intellectual property rights associated with any such Recipes or Gifts for your personal use and not for any commercial purpose.
Prices for Recipes and Gifts are clearly stated on our Site and [include VAT]. Prices do not include delivery charges, which are stated on our Site separately. Prices for our Recipes and Gifts may change from time to time, but price changes will not affect any order which we have confirmed has been dispatched by email. Payment for Gifts will only be taken once the Gift has been dispatched.
A [monthly] subscription fee is due in advance for use of the Service. Our subscription fee prices are posted on our website in pounds sterling. It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.
Payment will be processed by credit card (or similar card) via a trusted third party payment provider, or by direct debit. Where your payment is not successful we will contact you and where appropriate suspend access to your Account until payment has been made.
You agree to pay the applicable fees for Services when they become due and to reimburse us for any overdue amounts and for all reasonable collection costs we may incur.
Availability of the Site
We shall use commercially reasonable endeavours to make the Site available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.
We will endeavour to respond to all customer support queries within two working days (based on UK time).
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Our rights in the Site
Other than in relation to content you create or upload using our Site, we are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
Other than in relation to content you create or upload using our Services, the following conditions apply:
- You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
- If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We do not claim any intellectual property rights in the content you create or upload via our Site.
With respect to our Services, we may terminate the Agreement at our discretion any time, with or without notice although in most cases we will only terminate where a user has breached the terms of the Agreement.
We may restrict, suspend or terminate the Account of any user who abuses or misuses the Services or otherwise breaches the terms of the Agreement.
The terms of this Agreement, other than the sections dealing with our respective rights and obligations, shall survive termination.
Site and Services
The Site is provided on an ‘as is’ basis and we do not guarantee that the Site will be suitable for your intended use.
As part of our Service we provide a forum by which you can interact with other users but how you choose to interact is beyond our control or responsibility. You are therefore solely responsible for your interactions with other users and we have no liability for any loss injury or damage you incur arising from any involvement, arrangement or agreement you have with other users of the Service or for the acts and/or omissions of other users.
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of our Site, or by anyone who may be informed of any of its contents.
Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law. We will not be liable if for any reason our Site is unavailable at any time or for any period.
In no event shall we be liable for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Agreement or otherwise relating to the Site shall be limited to £100.
Recipes and Gifts
We only supply the Recipes and Gifts for domestic and private use. You agree not to use Recipes and/or Gifts 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 arising from your use of Recipes or Gifts.
Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any breach of terms implied by sections 12-15 of the Sale of Goods Act 1979.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Site other than that set out above, please address your request to [email@example.com].
Links from our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
General legal provisions
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Site or relating to the Agreement then these will be governed by the laws of Scotland. If either party requires to raise court proceedings against us in relation to any such dispute then these proceedings must be raised in Scotland.
If you have any concerns about material which appears on our Site, or have any further questions regarding our Products or Service, please contact [firstname.lastname@example.org]
Thank you for visiting our Site.