General
1.1 This website is operated by Gemini Foods Ltd (“we”, “us” or “our”). By using the Geminifoods.co.uk website you are bound by these Terms & Conditions. All use and purchases made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms & Conditions applicable to your site visit or purchase. To assist you in determining whether the Terms & Conditions have changed since your most recent order we will display the date when these Terms & Conditions were most recently updated.
1.2 We sell goods only to end-users.
1.3 We will confirm your order when placed directly by using the geminifoods.co.uk website. This will occur either by a message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. Or we may do both.
1.4 Please note that the order confirmation does not constitute our acceptance of your order. Subject to our cancellation rights in clause 11, acceptance of your order and completion of the contract will take place when we despatch the goods to you.
1.5 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
1.6 The law places certain restrictions on transactions involving alcohol, and accordingly, alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order. We operate a “Challenge 25” policy, which means that if the person receiving delivery of alcohol looks under 25, we will request identification. We may also request identification in relation to other age-restricted products such as knives and DVDs. We may retain the products if proof of age or an alternative adult is not available
1.7 If any of these Terms & Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law
1.8 These Terms & Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them. Geminifoods.co.uk is a trading name of Gemini Foods Ltd. The registered company address for Gemini foods Ltd is Unit 42, Thames Industrial Park, Princess Margaret Road, East Tilbury, RM18 8RH. Registered in England. Company registration number: 12576489.
Price
2.1a With the exception of goods referred to in clauses 2.1(b), but including goods from our butcher and fishmonger that are sold and priced by each (i.e. a fixed price per item) and packaged by us (as further identified on the website), the price of such goods will be as quoted on the website at the time you confirm your order (usually by clicking the “checkout” button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged for new products which were not in your original order will be the prices quoted at the time you confirm your amended order. However, if you add more of the same items which were in your original order, then the prices charged for these items will be the prices quoted at the time you confirmed your original order. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.1b For goods from our Butcher and Fishmonger (as further identified on the website), the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price as quoted on the website at the time you confirm your order (usually by clicking the “checkout” button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price of the actual weight you receive. In the event that there is a change in the price/kg between the time you confirmed your order and the time the item is weighed and priced by us, the price you will be charged will be the price at the time you confirmed your order.
2.2 The prices stated on the website will be inclusive of any VAT payable.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things the date and time of your delivery and your delivery address and charges may vary from week to week. Delivery fees are as seen at checkout.
Acceptance and Availability
3.1 If for any reason beyond our reasonable control, we are unable to supply a particular item, please note that we will attempt to deliver substitute lines should your preferred line be unavailable unless you specifically request us not to do so. For example, if you make an order for a brand of rice and it is unavailable, at your request we could deliver a substitute brand. We may still proceed to send you a substitute if we are unable to contact you.
3.2 Although we will always try to cater for your orders, an order of large quantities of a line can only be fulfilled at our discretion.
3.3 Your order is an offer to buy from us. Nothing that we do, or state will amount to any acceptance of that offer until we actually dispatch the goods to you. A contract will be made between you and us the moment the goods are dispatched (and not before), and you have been charged for the goods.
Delivery
4.1 Delivery times listed or stated are estimates only. We may use a third-party delivery courier who may not be able to offer a specific delivery hour/ time. However, Gemini Foods will notify you of your delivery date and also when your order has been dispatched. We may also provide you with a reference to track your order.
4.2 Estimated delivery days and times may be as specified on the delivery check-out page on the website and will be made to the address specified by you when you register on the website unless you change your delivery address at the check-out stage. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.3 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time. However, if we are unable to reach you by phone, we may still proceed to send you the substitute.
4.4 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods. In any event our liability will be limited to the price of the goods incorrectly delivered and the cost of delivery.
4.5 It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.
4.6 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case, we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, our liability to you will be limited to the price of goods not delivered and the partial cost of delivery.
4.7 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
4.8 We will ordinarily only make deliveries when an appropriate person is able to receive the delivery at the delivery address. If, however there is no one to accept the delivery at your specified address, we will attempt to deliver to a nearby neighbour or the delivery may be kept in a safe place at your address if instructed by you. In the event we leave a delivery unattended at your address following your instructions, Gemini Foods expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
Privacy, Passwords & Security
5.1 For quality and monitoring purposes we may record telephone calls made to and from our Gemini Foods Ltd Customer Service team.
5.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by credit reference agencies. We may also check your details held by other security and fraud prevention schemes.
5.3 As a valued customer of Geminifoods.co.uk we respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent, or transfer this information to third parties for their marketing purposes unless you agree otherwise.
5.4 At the time of your registration you will be asked to create a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information was given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password, or any breach of security known to you.
5.5 Please note that external websites that you access through Geminifoods.co.uk are NOT covered by our ‘Privacy Notice’ and ‘Terms and Conditions’ at large.
Payments
6.1 Payment may be made by debit, credit or mastercards.
6.2 We do not keep your card details as we eliminate the possibility of unauthorised access or disclosure.
6.3 The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed.
6.4 Authority for payment will be requested from your card issuer between the time of your order being placed and when it is delivered. We reserve the right to cancel your order if we are refused authority for payment or reasonably believe that payment will be refused at any stage
6.5 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event of a failed payment. This may include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
Click and Collect
7.1 Please bring your order number and the Bank card you used to pay for your order (We will not be able to give you your order unless you produce an appropriate form of I.D.).
7.2 Whilst we make every effort to have your order ready for collection at the agreed time, please note we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
Defective Goods
8.1 We advise that you inspect the goods promptly at the time of delivery and notify us of any defects promptly after delivery. If you discover a product is faulty, please call our Customer Service team as soon as possible on 01375768081 or email [email protected].
8.2 If the quality of any perishable item is not satisfactory, contact us within 4 hours of receipt of your order. You will not be eligible for a refund of perishable items after this period elapses.
8.3 Some Fresh produce such as Yellow Plantain may ripen during transit. Please note that we would not accept liability unless the item is significantly unusable.
8.4 As a consumer, you have certain legal rights regarding the return of faulty or incorrectly described goods. Our refund procedure described below does not affect your legal rights in relation to such goods. Our returns policy is in accordance with statutory rights under the Consumer Contracts Regulations. For further information about your legal rights contact your local authority Trading Standards Department or Citizens Advice.
Amendment, Cancellation, Refunds & Replacement
9.1 You can make an amendment to your order or request a cancellation by calling our customer team on 01375768081 or email us at [email protected] within an hour of placing your order.
9.2 For non-perishable items you can cancel or amend your order before it is processed and dispatched at no charge. However, if your order has been dispatched prior to our receipt of your cancellation or amendment request, you may return the goods (in their original packaging) within 7 days for a refund but we will not be liable to refund you the shipping and delivery cost incurred.
9.3 In respect of perishable items, when we make an error in sending you an incorrect item you have to contact our customer team within 4 hours of the receipt of your order by notifying us by telephone or via our website or email. We ask that items are returned to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the goods unless you are certain that you intend to keep the goods. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of this item to you.
9.4 We take great pride in ensuring that our products get to you in perfect condition. If any of the items is faulty, we would need a photographic evidence emailed to us or sent to our WhatsApp number (please contact us on 01375768081 to request for this number) to become eligible for a replacement or refund. For all non-perishable grocery products, you have 14 days to change your mind. Products must be returned unopened and in their original packaging and condition. Please note that proof of purchase is required.
10. Warranties and Liability
10.1 Geminifoods.co.uk makes no warranty that this website will meet your requirements, uninterrupted or free of errors.
10.2 Products or product packages may differ slightly to those displayed on our website, and should you have any doubt about any product please contact us.
10.3 We are not liable or responsible for the availability or quality or content provided on any third-party websites. You should refer to the terms and conditions and other policies posted by other third-party websites.
10.4 We will not be deemed to be in breach of contract of these Terms & Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
10.5 Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
Customer Complaints
11.1 Any Customer complaints should be addressed to the Gemini Foods Ltd Customer Service as listed on our website in the “Contact” section or by sending an email to [email protected]
Cancellation and Suspension of your account
12.1 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of these Terms and Conditions or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. If we cancel your order, you will receive an email notification from us.
12.2 In addition to our right to cancel your order in accordance with clause 11.1, we reserve the right to suspend your account. Your account will remain suspended until you contact us and remedy any breaches which are capable of remedy or provide any information reasonably requested by our call centre advisers to enable them to reactivate your account.
12.3 In the rare event that unforeseen operational or technical issues occur, we may need to cancel or rearrange delivery. If this happens, we will endeavour to contact you to arrange an alternative delivery date.
Intellectual Property
13.1. Our Intellectual Property: 13.1. We are the owner or the licensee of all intellectual property rights in our Site, the App, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.1.2. You may print off one copy, and may download extracts, of any page from our Site / App for your personal use.
13.1.3. 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.
13.1.4. Our status (and that of any identified contributors) as the authors of content on our Site / App must always be acknowledged.
13.1.5. You must not use any part of the content on our Site / App for commercial purposes without obtaining a licence to do so from us or our licensors.
13.1.6. If you print off, copy or download any part of our Site / App in breach of these Terms of Use, your right to use our Site / App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.2. Your Intellectual property: 13.1.2. When you upload or post content to our Site / App, it will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but in uploading or posting content you grant us a non-exclusive, worldwide, irrevocable, royalty-free licence to use, reproduce, adapt, store, publish, translate and copy that content and to distribute and make it available to third parties in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
13.2.2. You further agree that we also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site / App constitutes a violation of their intellectual property rights, or of their right to privacy.
General Data Protection Regulation (GDPR).
The GDPR came into effect in the UK on the 25th of May 2018 and we, therefore, need your consent as a business to retain your data. We currently use your data to keep in contact with you regarding the following:
- Your purchase orders
- Delivery of your orders
- Your invoices
- Promotional offers
We do not share your data with any third party except for Delivery Purposes. In this case, the delivery courier will only use your information for the delivery of products you buy from us. Where necessary we need your consent to retain your name, addresses, phone number and email address.
Please note that we DO NOT retain your card payment information.
Upon completing your order and agreeing to the terms and conditions you are giving us permission to continue using this information. If you would like us to delete your information or you have any other query you can contact us by sending us an email via our email address [email protected]
Customer Enquiries
If you have any questions or queries, please feel free to get in contact @ [email protected]