BACKGROUND

A These Terms, together with any and all other documents referred to herein, set out the terms under which Users (“Customers”) buy from Chefs on Our Marketplace. Please read these Terms carefully and ensure that you understand them before purchasing anything on Our Marketplace. You will be required to read and accept these Terms when you submit an Order. If you do not agree to comply with and be bound by these Terms, you will not be able to submit any Orders on Our Marketplace.

B We provide an online platform to connect both amateur and professional Chefs with Customers.

C At no time will a contract come into existence between us and Customers for the purchase of any Food Products or any other items from Chefs. Any contract formed between a Chef and a Customer will be solely between the Chef and Customer.

D. Our Site is directed to consumer Customers and Chef based in the United Kingdom only. You must be resident in the United Kingdom in order to register with us or to submit an Order.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site;
“Chef” means a User (including amateur and professional chefs and cooks) who sell Food Products on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Customer” means a User who makes a purchase on Our Marketplace;
“Food Products” means the products sold by Chefs through our Marketplace;
“Listing” means a listing on Our Marketplace advertising Food Products for sale;
“Marketplace” means Our platform for Chefs and Customers on Our Site;
“Order” means the order by a Customer for the Chef’s Food Products;
“Our Site” means www.homgry.co.uk;
“Payment Service” means the payment service provided by Stripe and PayPal;
“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Third Party Payment Service Provider” means Stripe and PayPal;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means Homgry Limited, a company registered in England under company number 11576630 and whose registered address 14 Morland Road, Harrow, United Kingdom HA3 9LU.

2. Information About Us

2.1 www.homgry.co.uk is a Site owned and operated by Homgry Limited, a company registered in England under company number 11576630 and whose registered address 14 Morland Road, Harrow, United Kingdom HA3 9LU.
2.2 You can contact us by writing to us at the above address, by emailing us at support@homgry.co.uk or via the Site at xxxxxx if there is a contact us page

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Restrictions

4.1 You may only register for an Account and/or submit an Order if you are at least 18 years of age and are resident in the United Kingdom.
4.2 These terms apply to consumers only and do not apply to customers purchasing Food Products in the course of a business. By registering for an Account and/or submitting an Order you confirm that you are acting as a consumer.

5. Our Marketplace

Our Marketplace is provided solely as an online venue for Chefs and Customers. We are not a party to any transactions or other relationships between Chefs and Customers. You hereby acknowledge and agree that:
5.1 You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Chef in question, and your contract is with that Chef;
5.2 We will not be a party to any dispute between you and any Chef or another Customer. Any claims must be made directly against the party concerned;
5.3 We do not pre-screen Chefs or any Food Products (or any other goods or services) that Chefs advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and
5.4 While all Chefs are required to comply with Our Chef Terms insert a link, which include provisions covering important matters such as payment methods, all Chefs are different and may not process transactions within the same time frame, have differing collection criteria and set their own prices.

6. Intellectual Property Rights

6.1 The provisions of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace in Listings.
6.2 Customers must, at all times, respect the intellectual property rights of Chefs and other Users on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

7. Customer Rules and Acceptable Usage Policy

7.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Chefs on Our Marketplace; and
7.1.6 you must not engage in any form of price fixing with other Users (including Chefs and Customers).
7.2 When using Our Marketplace, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Marketplace;
7.3.2 issuing you with a written warning;
7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.

8. Purchasing from Chefs

8.1 Images of Food Products within Listings are for illustrative purposes only:
8.1.1 there may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
8.1.2 images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Food Products may vary; and
8.1.3 due to the nature of the Food Products there may be some variation in the size, weight or volume of those Food Products between the actual Food Products and the description.
8.2 Please note that sub-Clause 8.1 does not exclude a Chef’s responsibility for mistakes due to negligence and refers only to minor variations of the correct Food Products, not to different Food Products altogether.
8.3.1 Chefs have agreed that, within all Listings, they will set out:
8.3.2 A full list of ingredients.
8.3.3 Whether the Food Product it is suitable for vegetarian or vegan Customers;
8.3.3 If any Food Product contains (or may contain) any of the following which may cause allergies or intolerances: Gluten; Milk or lactose; Eggs; Peanuts; Other nuts; Celery; Mustard; Sesame seeds; Soya or soybeans; Fish;
8.4 Chefs have also agreed that all Food Products within a Listing will be their own Food Product (i.e. not pre-packed or pre-purchased foods).
8.5 You are responsible for checking the ingredients in Food Products for any allegery, dietary or other reasons that could affect your consumption of the Food Product. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Chef before placing your Order.
8.6 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.7 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that a Chef may, at their sole discretion, accept. A Chef’s acceptance is indicated by the Chef sending you an Order confirmation by email. Only once the Chef has sent you an order confirmation will there be a legally binding Contract between you and the Chef.
8.8 As set out above in Clause 5, all transactions on Our Marketplace are between Chefs and Customers only. We are not a party to such transactions.
8.9 When making a purchase from a Chef, you expressly agree that:
8.9.1 You understand that the contract for the purchase of the Food Product is between you and the Chef;
8.9.2 You will submit payment for the Order at the time of submitting the Order (see Clause 10); and
8.9.3 You will collect the Order within the time specifically requested by you.

9. Payment Service

9.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe and/or PayPal, Our Third Party Payment Service Provider.
9.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Chefs on Our Marketplace.
9.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
9.4 The Payment Services accept differing payment methods so please check on the Chef’s Listing which payment methods are accepted by the Chef with whom you wish to place an Order.
9.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
9.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

10. Payments to Chefs

10.1 All payments are processed using the Payment Service described above in Clause 9 and payments must not be made directly to Chefs.
10.2 Payment for Food Products must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged at the time your Order is submitted.
10.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Chefs at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

11. Taxes

11.1 It is the responsibility of Chefs to collect and pay takes on any sales made through Our Marketplace.
11.2 Where any tax, for example VAT, forms a part of the price of Food Products on Our Marketplace, the tax must be included in the price of the Food Product.
11.3 If a Chef is VAT registered, they may be required to charge VAT on the Food Products that they sell on Our Marketplace.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.

12. Collection of Food Products

12.1 All Orders are available for collection only directly from the Chef. There is no delivery mechanism available on Our Site.
12.2 Chefs must make the collection address (“Collection Address”) clear within their Listings and include a full postal address and postcode, and a contact number.
12.3 Chefs have been advised to state within Listings any parking restrictions at the Collection Address or any other information that could affect the collection of the Food Product but you should make your own enquiries in this regard.

13. Customer Cancellations

13.1 As a consumer based in the European Union, for many contracts entered into online, you may be entitled to a “cooling-off” period within which you may cancel your contract for any reason. However, the cooling-off period does not apply where items are likely to deteriorate quickly (such as food). Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund unless:
13.1.1 the Chef has a cancellation policy set out in its Listing and you cancel in line with that policy; or
13.1.2 cancellation occurs as set out in sub-clause 15.1.1.

14. Problems with Transactions and Your Rights

14.1 As a consumer, you have certain legal rights with respect to the purchase of services and products. The Chefs must carry out its services (food preparation) with reasonable care and skill and the Food Products must be of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information that Chefs provide to Customers. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
14.2 If you have any cause of complaint about the services or Food Products provided you should contact the Chef immediately.
14.3 If Chefs do not perform the services or provide Food Products as set out in sub-clause 14.1, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the services are not performed in line with information that Chefs provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
14.4 If for any reason a Chef is required to repeat the services in accordance with your legal rights, they will not charge you for the same and they will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full price paid and may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which the Chef agreed that you are entitled to the refund) and made via the same payment method originally used by you.

15. Further Transaction Cancellation Rights

15.1 The Chef has the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:
15.1.1 You and the Chef have mutually agreed to cancel the Order before the Food Product was collected;
15.1.2 The Chef has chosen to refuse service to you.
15.2 Refunds must be made within 14 days of the date on which you and the Chef agree the cancellation, under sub-Clause 15.1.1 or the date on which the Chef informs you that they are cancelling the transaction, under sub-Clause 15.1.2.

16. Your Account Cancellation Rights

You may close your Account at any time by following the instructions within your Account on Our Site.

17. Our Liability to You

17.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Customers and Chefs. Furthermore, as stated in sub-Clause 5.2, We do not pre-screen Chefs or any Food Products or other items that Chefs advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Food Products or other item(s) purchased from Chefs on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Chef concerned.
17.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
17.3 Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
17.4 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
17.5 Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

18. Data Protection

18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy. Insert a link
18.3 Chefs will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and postal address). Chefs are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.
18.4 You must only use the personal data of other Users (whether they are Chefs or Customers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

19. Other Important Terms

19.1 We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
19.3 If any of the provisions of these Terms fare found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
19.4 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
19.5 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.

20. Law and Jurisdiction

20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.