1. USE OF THE WEBSITE
This website is owned and operated by Evergreen Foods (“we,” “us” or “our”). By accessing this website and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions, you may not use or access this website. References to this website in these terms and conditions apply to this website however you access it, including accessing this website through our mobile applications or a version of this website optimized for use on mobile devices. Whenever you access this website through a mobile application or mobile-optimized version of this website, the section of these Terms and Conditions entitled “Mobile Access” also applies.
Any questions regarding these Terms and Conditions or subsequent issues should be directed to:
- Evergreen Foods
- 26 Penryn Ave
- Milton Keynes
IDENTITY OF SUPPLIER
Unless stated to the contrary on this website, the goods and services supplied in accordance with any contract made though this website are supplied by Evergreen Foods.
Orders/delivery requests placed by using this website, along with access to it, are granted strictly in accordance with these Terms and Conditions. Please read these
Terms and Conditions carefully and print and keep a copy of them for your reference. These Terms and Conditions apply to your order/delivery request. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders/delivery requests. We reserve the right to:
- Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
- Change the Terms and Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the
conditions, then you must immediately stop using the website.
We have taken every care in the preparation of the content of this website. However, to the extent permitted by applicable law, Evergreen Foods does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from this website. To the fullest extent permitted by applicable laws, Evergreen Foods hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use
or otherwise and whether or not the possibility of such loss has been notified to Evergreen Foods. The foregoing will apply whether such claims, loss or damages arise in
tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.
Certain links in this website will lead to websites which are not under the control of Evergreen Foods. When any of these links are activated you will leave Evergreen Foods' website and Evergreen Foods has no control over and will not accept responsibility, or liability, for any material or service contained on any website which is not under the control of Evergreen Foods nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Evergreen Foods for any goods or services provided or available on such sites. Our linking policy is detailed in Section 5 of these Terms and Conditions.
Evergreen Foods makes no representations, or warranties, in respect of any endeavor by it to review the content of websites to which it provides links or anywhere else in the Service, or any of the Materials and accordingly Evergreen Foods accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the Service or in any Materials nor warrants nor endorses any advertising of third parties carried on the Service nor through the provision of links to that carried on other websites.
All information or content transmitted by any functionality made available on this website (including any mobile applications or a version of the website optimized for use on mobile devices), including online invitations, e-cards, email or send to friend functionality are the responsibility of you, the sender. You confirm that by using this service you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. Neither Evergreen Foods can be held liable either directly or indirectly for the content of any such functionality, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify Evergreen Foods for any such loss which may have occurred. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able and shall not affect the validity and enforce ability of the remaining provisions.
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau. Customers will be required to register to use the services available from this website. Evergreen Foods may decline a registration request at its sole discretion. By registering for the services, customers agree to these Terms and Conditions and agree that:
The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects. You will notify us
immediately of any changes to the personal information by updating your details on the 'My Account' page on the website or by contacting Evergreen Foods Customer service team. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. To comply with licensing and other legislation some services on this website are only available to those aged 18 years and over.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on this website by pressing the ‘complete my order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on this website. We will send to you an order acknowledgement email detailing the products you have ordered. Order acceptance and the completion of the contract between you and us will take place on at point of purchase unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered is not available from stock.
- We are unable to obtain authorisation for your payment
- A price or product description error is identified.
- You do not meet the eligibility to order criteria set out in the main Terms and Conditions.
THE CONTRACT WILL BE CONCLUDED IN ENGLISH.
The details of your specific contract will not be filed by Evergreen Foods. If you do require any information regarding orders you have placed with Evergreen Foods, please write to us at the address set out above.
2. ONLINE SHOPPING
GENERAL INFORMATION AND PAYMENT SECURITY
Delivery for all services will be available in restricted areas. Collection for orders placed via evergreenfoods.co.uk is available from the Evergreen Foods, 26 Penryn Avenue, Fisher-mead, Milton Keynes, MK6 2BG. We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customer’s addresses if you are repeatedly unavailable to take delivery of your shopping at your chosen slot time or in other exceptional circumstances.
DELIVERY AND COLLECTION ARRANGEMENTS
Deliveries and collection times will vary, where a specific delivery date has been agreed, and where this delivery date cannot be met, you will be notified and given the opportunity to agree a new delivery date or receive a full refund. We shall use reasonable endeavors to meet any date agreed for delivery but shall not be liable for any losses, costs, damages or expenses incurred by the you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Goods shall be made to your address specified in the order and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- Risk in the Goods shall pass to you upon delivery of the Goods, or where you fail to take delivery at the agreed time, at the time delivery was attempted.
- Title in the Goods shall not pass to you until payment of the price has been made in full.
- We will provide an option for you to collect your order placed via Evergreenfoods.co.uk from our Store at the following address: Evergreen Foods, 26 Penryn Avenue,
Fisher-mead, Milton Keynes, MK6 2BG.
We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customers' addresses, customers who are repeatedly unavailable to take delivery of their produce at their chosen slot time or in other exceptional circumstances.
If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we may
follow the instructions you have given us of where to leave the goods in the circumstances. If we leave the goods on your doorstep or with a neighbour, and they are
stolen or damaged, we do not accept any liability, and may offer you a refund or other compensation at our complete discretion.
If, in the unfortunate situation no one is available to accept your delivery or no suitable delivery instructions have been provided, a card will be left by our courier asking you to contact them at the earliest convenience to arrange an alternative delivery time. Re-delivery is subject to availability and additional cost. If you fail to rearrange delivery, your order will be cancelled.
If you have not contacted us to rearrange a failed delivery or collection within 24 hours, your order will be cancelled and the cost of your order (excluding the cost of delivery, perishable items and any other associated charges) will be refunded to you.
GENERAL PAYMENT PROVISIONS
Any of the following cards may be used to pay for your shopping: Visa Debit (Delta), Maestro UK, MasterCard, Visa Credit and Solo. If payment details have been given, we
will charge your card at point of purchase. All customers collecting shopping from our Store, will be asked to provide a copy of the order confirmation email along with the payment card used. You are entitled to cancel a payment, or have such sums re-credited to your payment card where fraudulent use of your payment card has been made by
another person not acting on your behalf.
PAYMENT SECURITY POLICY
We understand your concerns with security and your peace of mind and safety are of the utmost importance to us. As a result, we have developed a highly secure online ordering facility for the Evergreenfoods.co.uk. This is specifically intended to give you confidence when you use your credit or debit card to shop with us and when you tell us your personal details like your address or phone number.
CREDIT CARD SAFETY
Our online food shopping service uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted to us. This prevents anyone from
eavesdropping on your shopping session and keeps your card and personal details private. We allow you the option to store your card details with us via Sage Pay Tokens,
so that you can order from us again without needing to type your details in. We only ever show you the last four digits of your card number on our public internet site and of course, this information is “for your eyes only”. If you do not wish to store your card details with us, you can enter these each time you place an order with the
Evergreenfoods.co.uk. Your payment details are held in a secure encrypted server which is not accessible from the Internet.
Once your order is processed, the payment details associated with your order are removed from our files.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. We will attempt to deliver a substitute item if an item you have selected is unavailable; if the substitute item is more expensive than your selected item we only charge you the price of your selected item.
QUANTITY LIMITS ON BULKY ITEMS
We may limit the number of units of bulky / heavy products per customer order. This applies to online delivery and collection.
We may decline to fulfill any order, including bulk purchase of items on promotion, or included in a special offer. In the event of there being errors or shortages, these should be brought to the attention of our customer service team (using the contact details above) no later than seven days after the delivery, or collection.
GENERAL PRICING POLICY
You have the right to return any product if you have any issues with price(s) charged and we will refund the amount that you have been charged for that product. Prices and the availability of special offers may vary for future dated deliveries and collections. Where Multi-value offers apply to a set of differently priced items, the saving or free item applies to the cheapest item or items. The unit price for products that are weighed and displayed on the site are calculated on drained weight where applicable. Weighed items such as meat and fish may vary in weight from that ordered. The prices stated on the site are inclusive of any VAT payable.
Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
Please note that your right to return products does not apply to goods made to your specification, that have been clearly personalized or which by reason of their nature
cannot be returned or are liable to deteriorate or expire rapidly. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. Notice of such cancellation must be given in writing to Evergreen’s Customer service team, details as provided above. If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Free delivery applies to selected postcodes and order values only. There is a charge for delivering your order. Collection in store is currently free. You will be charged for your shopping to be picked, packed and delivered. We reserve the right to amend our charges, which are clearly defined during the checkout process. If you have booked a delivery and invalid card details have been entered on the checkout page our customer service team will contact, you to request payment details over the telephone before delivery can be made. Please see the General Payment Provisions above for further details.
AMENDMENTS TO ORDERS
Amendments to placed orders must be completed by 12pm on the day before delivery.
Some items that are available in store will not be available on the online. Other items may be excluded at various times.
Please note that whilst we take every care to ensure the product information displayed on our website is correct, product recipes are regularly changed and this may affect nutrition and allergen information; therefore you should always check product labels and not rely solely on the information presented here. If you require specific advice on any Evergreen branded product, please contact. Customer Support on 01908 236 455 or email [email protected] For all other products, please contact the manufacturer. This information is supplied for personal use only. It may not be reproduced in any way whatsoever without the prior consent of Evergreen nor without due acknowledgement.
We (The Company) have produced nutritional information on this website for the general information of the public. It contains information gathered from various sources and, although the company believes it to be accurate at the time of publication, the company accepts no responsibility for, and makes no representation nor gives any warranty or undertaking express of implied as to the accuracy or completeness of the information.
COUNTRY OF ORIGIN INFORMATION
Please note that in exceptional circumstances, the actual Country of Origin might vary from the list displayed online. Customers having ordered these items via the Evergreen’s website will be able to check the actual Country of Origin on the items, once the goods have been received. Any refunds for unwanted returned items will be made after the goods have been returned. Please contact the Evergreen’s Customer Service Team for any queries.
EVERGREEN GUARANTEES AND RETURNS
You are covered by our quality guarantee on every product. If you are not entirely satisfied, we will refund and replace your item excluding freshly prepared meat, fish and freshly selected vegetables within 5 days of the order date, subject to due compliance by you with these Terms and Conditions. Please contact the Evergreen’s Customer Service team with any queries. Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau. Any refunds for unwanted substitutions or returned items will be made after the goods have been returned. Images are provided to help recognize products. Due to packaging redesign and improvements these may not reflect exactly the pack you receive. Due to hygiene and safety reasons, freshly prepared meat, fish and freshly selected vegetables cannot be returned once delivered .
Deliveries only available in selected postcodes.
SHOPPING AND DELIVERY
Shopping must be completed in time for delivery. For next day delivery you will need to complete your shopping before 12pm the day before your delivery date. All deliveries must be booked prior to the delivery date. Goods may be delivered during an agreed
delivery period the following day or on a specified day. Goods will be available the same day as your purchase if you are collecting from our Store. Under no circumstances will goods be accepted for processing more than one day in advance of the agreed delivery time. Goods will always be delivered to the customers registered delivery address unless, when booking, an alternative address, within the delivery area, is given. Customers who book a delivery service slot in advance and then fail to use this may have their service account locked.
Free delivery on all orders over £40 for Milton Keynes
On all orders under £40 a standard £4.99 charge will apply. Delivery charges as outlined in the Delivery page of our website.
Free delivery on all orders over £75 Tuesday to Friday. Anywhere in United Kingdom
On all orders under £75 a standard £7.99 charge will apply. Delivery charges as outlined in the Delivery page of our website.
DELIVERY SERVICE GUARANTEES AND RETURNS
You are covered by our quality guarantee on every product. If you are not entirely satisfied, we will refund and replace any item* excluding freshly prepared meat, fish and freshly prepared vegetables within 5 days of your order date subject to due compliance by you with these Terms & Conditions. Please contact the Customer Sales team with any queries.
Nothing in these terms and conditions will affect your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.