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Terms & Conditions

These are the terms and conditions (“Terms”) for the sale and purchase of the goods (“Goods”) listed on the website and mobile website www.milkandmore.co.uk(“Website”). Please read these Terms carefully, together with the privacy policy which can be found here(“Privacy Policy”); they govern milk&more’s relationship with you in relation to the Website and all purchases made by you on the Website.

We may update these Terms at any time. You should check these Terms before placing each order to ensure that you are aware of any changes. These Terms were most recently updated on 26th December 2015.

Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from the Website.

The quickest and easiest way to contact us in the event of any queries or problems is via our customer call centre (“Call Centre”) on 0345 606 3606 (local rate). Our Call Centre opening and closing times can be found here.

To register with milk&more via the Website you must be 18 years of age or older. You must ensure that the details provided by you on registration are correct, and inform us immediately of any changes by updating your personal details.

These Terms do not affect your statutory rights.

1.

Information About Us

We are milk&more, a trading name of Müller UK & Ireland Group LLP (“Müller”). Müller UK & Ireland Group LLP is a partnership registered in England under partnership number OC384928. Our registered office is at Tern Valley Business Park, Shrewsbury Road, Market Drayton, Shropshire, TF9 3SQ and our VAT number is GB687909563.

2

How the Contract is Formed between You and Us

2.1

The Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.2

All purchases made on the Website are governed by the latest version of these Terms existing at the time of order. Accordingly, you should check prior to each order to ensure that you understand the precise Terms applicable to your purchase. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated at the top of this page. Prior to placing an order you will be asked to confirm that you have read and accepted these Terms.

2.3

You may place, cancel, amend or correct orders online or by phone. Orders can be amended or cancelled at any time up to 9pm online on the day prior to the day of delivery. Orders can be amended or cancelled by phone to our Call Centre up to the Call Centre closing time on the day prior to the day of delivery. Once your changes have been reflected in your "My Confirmed Orders" section of the Website they are deemed to be confirmed. This may take a few moments. It is not possible to amend an order after 9pm on the day prior to delivery. However, if you wish to cancel your order after delivery you may do so in accordance with paragraph 13 of these Terms.

2.4

Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. Images of the Goods are provided for illustration purposes only. We cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods. The packaging of the Goods may vary from that shown on images on the Website.

3

Customer Registration and Placing an Order for Goods

3.1

You will need to register online before you will be able to place an order. To register you will need a valid email address and you will need to create a secure password.

3.2

You may only register one milk&more account per household at any time.

3.3

There are two types of order that you can place:


(1) A one-off order is an item you order once for a particular delivery day (“One-Off Order”).


(2) A regular order is an item you order to be delivered weekly or fortnightly on a particular day of the week (“Regular Order”). Your milkman will deliver items you place on Regular Order without you having to order each time. Your Regular Orders can be seen in the "My Regular Orders" section of the Website.

3.4

You will not be able to place a Regular Order unless you have completed, through our third party secure network, a recurring payment set-up (Direct Debit, Debit Card or Credit Card).

3.5

If you do not wish to complete a recurring payment set-up, you will only be able to place one or more One-Off Order(s) for which you will be required to pay immediately by debit or credit card.

3.6

For contractual purposes, by registering your consent to receive communications from us electronically you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3.7

Müller reserves the right to request information from you from time to time to carry out searches with our third party credit check provider to validate and verify your identity. If we make such a request you must provide the necessary information and consent to us carrying out the search in order to continue using the milk&more services.

4

Price

4.1

The price of the Goods will vary depending on whether you place a One-Off Order or a Regular Order as follows:


(1) For One-off Orders, the price of the Goods will be as quoted on the Website at the time you place your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see paragraph 4.4 for what happens if we discover an error in the price of Goods(s) you ordered. 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.


(2) For Regular Orders:


(a) the initial price of the Goods will be as quoted on the Website at the time you set up your Regular Order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see paragraph 4.4 for what happens if we discover an error in the price of Goods(s) you ordered. All prices are subject to change. Therefore, if you have set up a Regular Order, the price for Goods you have ordered may differ from the price of those Goods first ordered by you. The price for Goods which are part of a Regular Order shall be the full list price applicable to your delivery date. You can check this in the “My Confirmed Orders” panel on the Website from 9pm the night before your delivery.


(b) Promotional Pricing: If the Goods are on promotion at the point you set up a Regular Order, you will receive the discounted price for the duration of that promotion. However, Regular Orders do not benefit from subsequent promotional prices; you will therefore be charged the full list price for the Goods as varied from time to time, regardless of any future promotions.


4.2

If you wish to place an order on the Website, having received a hard-copy catalogue/leaflet, please check the Terms and prices as stated on the Website prior to making such an order. In the event of any inconsistency between the hard-copy catalogue/leaflet and the Website, the provisions and prices of the Website shall prevail.

4.3

The prices stated on the Website will be inclusive of any VAT payable, unless otherwise stated.

4.4

Our Website contains a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:


(1) where the Good’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and


(2) if the Good’s correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.


5

Order Confirmations

5.1

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 5.2.

5.2

Orders will only be confirmed for delivery once they have moved from ‘My shopping basket’ to ‘My confirmed orders’. To confirm an order for delivery a payment method must be selected. No orders can be delivered before this is done. Once an order is confirmed, milk&more is under an obligation to deliver conforming Goods and you are under an obligation to pay.

6

How to Pay

6.1

You can only pay for Goods by debit or credit card or by direct debit as set out below. No other vouchers, savings stamps, “money-off” coupons (unless issued by milk&more) or cash or cheques will be accepted towards payment of an order. The debit and credit cards accepted by us are those listed on the payment page of the Website on the date on which your order is placed. You will, at any time, be able to access your most up-to-date statement of account through the “My invoices” section of the Website.

6.2

The options for payment depend on the type of order you have placed:


(1) One-Off Orders: can be paid for with one of the ‘Automated Payment Methods’ set out below or by the ‘Pay Now’ option (see below) upon placing the order.


(2) Regular Orders: must be paid for with one of the ‘Automated Payment Methods’ set out below.

Automated Payment Methods:

6.3

You may choose to set up a Direct Debit or a Recurring Card Payment:


(1) Direct Debit: Once you have successfully set up your Direct Debit, you will be invoiced monthly and will receive an email to your designated email account detailing the amount due and when the payment will be taken from your account. In line with the Direct Debit Guarantee, the due funds will be collected from your designated bank account no earlier than 4 working days from the date of the email.


Direct Debit Guarantee:


(a) This Guarantee is offered by all Banks and Building Societies that accept instructions to pay Direct Debit.


(b) If there are any changes to the amount, date or frequency of your Direct Debit Müller will notify you 4 working days in advance of your account being debited or as otherwise agreed. If you request Müller UK & Ireland Group LLP to collect a payment, confirmation of the amount and date will be given to you at the time of the request.


(c) If an error is made in the payment of your Direct Debit, by Müller or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.


(d) If you receive a refund you are not entitled to, you must pay it back when Müller asks you to.


(e) You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us by calling our Call Centre.


(2) Recurring Credit or Debit Card Payment: Once you have successfully set up your debit card or credit card on milk&more, you will be invoiced monthly and will receive an email to your designated email account detailing the amount due and when the payment will be taken. When you set up your milk&more account you can choose to have the payment taken from your account on (or shortly after) the 1st, 8th, 15th or 22nd of each month. You will receive an invoice 4 working days before your chosen payment date. You can change your chosen payment date at any time.

Pay Now

6.4

A one-off payment can be made for One-Off Orders only via our secure third party network. Upon completion of credit or debit card payment details online you will receive an on-screen confirmation and your order will be visible in the “My confirmed orders” section of the Website. A confirmation will be sent to your designated email address. This may take up to 24 hours.

6.5

If at any time you wish to change your payment method, or there is a change in your card details, you may edit your payment details through the “My account” section of the Website.

7

Credit Limits and Payment Failures

7.1

We reserve the right to monitor your payment history and apply varying credit limits to your account as we deem appropriate. This means that once your credit limit has been exceeded you will not be able to place any further orders until an interim payment is made to bring your account back within its credit limit.

7.2

You agree not to hold us responsible for banking charges incurred due to payments made on your account.

7.3

In order to minimise the chance of a failed payment due to expired, lost, stolen, re-issued or out of date payment details for Regular Order customers, we reserve the right to utilise a secure update service provided by Visa & Mastercard. This service will automatically update your payment details to prevent your payment to us from failing and potentially putting a hold on your account. In the event that this process is unable to confirm valid and updated payment details, you will receive an email asking you to provide a new payment method via the Website.

7.4

We reserve the right to suspend your account and any further deliveries and take any other action as we consider appropriate in the event of (1) a failed payment: (2) us being refused authority for payment or (3) our reasonable belief that payment will be refused at any stage.

7.5

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 a failed payment occurs. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you and/or issue proceedings in court.

7.6

You agree that where Müller advances you trade credit for any Goods purchased by you such credit shall not constitute any credit advanced under a regulated agreement under the Consumer Credit Act 1974 but shall instead constitute an exempt agreement (either a running account credit interest free credit and/or an agreement with insignificant charges for the credit).

7.7

You agree that the credit Müller may advance you will be without normal trade credit interest and without any credit charges (other than the cost of debt collection and/or litigation).

7.8

You agree further that in terms of any credit advanced the sum outstanding must be paid off in no more than one payment and no later than 30 days from the date of order.

8

Delivery

8.1

Delivery is free of charge and will be made to the address specified by you when you register on the Website. We reserve the right to restrict or cease deliveries in any area at our sole discretion.

8.2

When you register with milk&more, you will be advised of the days on which your local milkman delivers in your area. For example, if your milkman delivers in your postcode area on Mondays, Wednesdays and Fridays, then you will be offered those three days for delivery.

8.3

Subject to paragraph 8.2, delivery will be made on the day you have requested, usually before 8am. However due to the nature of our business we cannot guarantee your order will be delivered by a certain time. Please see our FAQ page for more information.

8.4

milk&more reserves the right to alter your delivery days, time of delivery and your milkman at its discretion. We will always do our best to confirm this change to you in advance of the change taking place.

8.5

Goods 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.

8.6

Your acceptance of Goods shall be deemed to take place on delivery, unless we are notified in accordance with paragraph 10. If you have specific delivery instructions please advise us in the ‘My account’ section of the Website.

8.7

If you are going on holiday and you would like to postpone your deliveries, please log-in to “My Account”, click on the ‘Going on Holiday?’ link and add your holiday dates. Delivery will automatically resume after your holiday.

9

Substitutions

9.1

In the event of non-availability of any Goods you order, we may offer a reasonable substitute.

9.2

Where a substitute item is offered in place of an item ordered, every effort will be made to bring you a product of equivalent or better quality and value as the original item and the price you will be charged will be the lesser of the original and the substitute item.

9.3

If for any reason you are not happy with any substitute item you may cancel and return it in accordance with:


(1) paragraph 9.4 if the substitute item is a Perishable Item (as defined in paragraph 13.3(1); or


(2) paragraph 13 for all other Goods.

9.4

If the substitute item we have provided you with is a Perishable Item and you wish to cancel and return it, please let us know within 3 working days of delivery and we will promptly reimburse the amount you have been charged for the item. You will need to leave the item out for our milkman to collect as instructed by us. See paragraph 14.3 for details of reimbursements.

9.5

We may make changes to product ranges from time to time. Where we are removing a product from the range we will always contact customers who have this product on Regular Order to advise them of its removal. Where a direct substitute is being made available we will automatically replace this item in the Regular Order. Otherwise a suggestion for an alternative will be made where appropriate.

9.6

If we are unable to supply you with Goods, for example because that Good is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in paragraph 4.4, we will not process your order. If you have already paid for the Goods, we will refund or credit you the full amount as soon as possible.

10

Defective or Incomplete Goods

In the event that the goods delivered to you are incomplete, include incorrect Goods or if any of the Goods are defective, please notify us as soon as possible so that we can investigate and (if applicable) provide an appropriate remedy to you.

11

Our Liability to You

11.1

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

11.2

We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3

We do not in any way exclude or limit our liability for:


(1) death or personal injury caused by our negligence;


(2) fraud or fraudulent misrepresentation;


(3) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);


(4) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and


(5) defective products under the Consumer Protection Act 1987.


12

Events Outside Our Control

12.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph 12.2.

12.2

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or disruption to the Website or Call Centre.

12.3

If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:


(1) we will contact you as soon as reasonably possible to notify you; and


(2) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.


12.4

You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by calling our Call Centre. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund or credit to you the price you have paid.

13

Your Right to Cancel Your Order after Delivery

13.1

You may cancel, amend or correct orders prior to delivery in accordance with paragraph 2.3 above. In certain circumstances set out below you also have the right to cancel all or part of your order after it has been delivered.

13.2

Except in respect of the Goods specified in paragraph 13.3, you may cancel all or any part of your order (without giving any reason) within 14 days from the day on which you receive the Goods (“Cancellation Period”).

13.3

Goods which may not be returned after delivery are:


(1) items which are liable to deteriorate or expire rapidly, for example milk, other dairy products, bread and so on (“Perishable Items”); or


(2) items which have been unwrapped or unsealed and cannot be resold for health or hygiene reasons, for example tin foil, toilet rolls and so on.


13.4

If you would like to cancel your order in accordance with your legal right to do so set out in paragraph 13.2, you just need to let us know that you have decided to cancel. The easiest and quickest way to do this is to call us on 0345 606 3606 (local rate). You can also write to us at milk&more Customer Services, Freepost RTTJ-XRJK-UZCH, 14-40 Victoria Road, Aldershot, GU11 1TH. If you wish to cancel by post you may use the model cancellation form accessible by clicking this link, but it is not obligatory to do so.

13.5

If you call us to cancel your order then your cancellation is effective from the date you call and speak to an advisor at our Call Centre, providing you call us within the Cancellation Period. If you send us your cancellation notice by post then your cancellation is effective from the date you post the letter to us, providing the date you post the letter is within the Cancellation Period.

14

Returns and Your Right of Refund

14.1

If you cancel your order in accordance with paragraph 13.2, we will reimburse you the price for the Goods which you are cancelling. However, please note we are permitted by law to reduce the amount we reimburse to you to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

14.2

We will make any reimbursement due to you as soon as possible and in any event within the following deadlines:


(1) if you have received the Goods - within 14 days after the day on which we receive the Goods back from you; or


(2) (if earlier) 14 days after the day you provide us with evidence that you have returned the Goods to us; or


(3) if you have not received the Goods or the Goods were delivered but we have offered to collect them, 14 days after the day in which we were informed of your decision to cancel the order.


14.3

We will reimburse you by refunding any amount due to you on the credit or debit card used by you to pay, unless you agree to us issuing a credit note against your account. You will not incur any fees as a result of the refund. If you have not yet paid for the Goods cancelled, we will issue a credit against your account.

14.4

Where you have cancelled an order in accordance with paragraph 13, we will collect the Goods at our cost. You are responsible for handing the Goods back to our delivery driver/milkman or otherwise making the Goods available for collection as instructed by us within 14 days of cancellation. You are responsible for the safety of the Goods until they have been collected by us.

15

Privacy

15.1

milk&more is committed to preserving your privacy. The personal information you provide will enable us to provide you with the Goods you require. We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than in accordance with our Privacy Policy. Please see our Privacy Policy for more information about our use of your personal information.

15.2

When you register with milk&more you will be asked to create a password. Please keep this secret, as you are responsible for maintaining the confidentiality of your password. You are responsible for all orders placed with us or information 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.

16

Contacting Us

If you have any feedback or a complaint about a milk&more product you have bought or if you have a query regarding a delivery, please contact us by phone on 0345 606 3606 (local rate), email us at customerservices@milkandmore.co.uk or leave feedback through your logged in home page of the Website. If you wish to return your order after it has been delivered, please contact us via one of the methods set out in paragraph 13.4.

17

Use of the Website and our Intellectual Property Rights

17.1

We have made the Website available to you for your own personal use. We may modify, withdraw or deny access to the Website at any time.

17.2

The Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website, as well as other content such as articles, stories and other text (“Materials”).

17.3

You may not copy, redistribute, republish or otherwise make the Materials on the Website available to anyone else without our consent in writing.

17.4

You may print or download materials from the Website for your own personal use or copy the content to other individuals for their personal information provided that:


(1) no Materials are modified in any way;


(2) no graphics are used separately from accompanying text;


(3) our copyright and trade mark notices appear in all copies and you acknowledge the Website as the source of the Material; and


(4) the person to whom you are providing the Materials is made aware of these restrictions


18

Limitation of Liability in Relation to the Website

18.1

The Website should only be used for information purposes. It is not advice and you should not rely on it to make (or refrain from making) any decisions or take (or refrain from taking) any action.

18.2

milk&more does not guarantee that the Website will operate free of error or that it is free from computer virus or any other contaminating computer programs.

18.3

The Website is made available for public viewing on the basis that milk&more excludes to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of the Website or reliance upon the content of the Website.

18.4

The Website is provided by milk&more without any warranties or guarantees. You must bear the risks associated with the use of Internet. In particular, we disclaim all liabilities in connection with the following:


(1) incompatibility of the Website with your software, equipment or telecommunication links;


(2) technical problems including errors or interruptions of the Website; and


(3) inadequacy of the Website to meet your requirements.


19

Information on the Website

The information contained on the Website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on the Website. Our liability to you as explained above remains unaffected by this.

20

Our Rights

We reserve the right to:


(1) modify or withdraw, temporarily or permanently, the 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; and/or


(2) change the Terms 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 Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.


21

Linking

21.1

The Website contains links to websites owned and operated by third parties. If you use these links, you leave the Website. Where we provide the link we have limited control over the contents of the linked website but we are not responsible for any linked website or their content or availability. If you wish to purchase products from such third party website, milk&more is not a party to any such contract for the purchase between you and any seller.

21.2

We accept no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

21.3

You may not link to the Website from another website without our consent in writing.

22

Other Important Terms

22.1

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

22.2

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

22.3

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

22.4

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

22.5

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

22.6

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any paragraph of these Terms will be governed by the law of England and Wales.

22.7

The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the Website.