Terms & Conditions

Our Terms & Conditions (“T&Cs”)

Effective Date: 1 May 2024

INTRODUCTION

These T&Cs set out important information about us and the terms and conditions on which we sell our products (“Products”) listed on our website, www.soulfoodseriously.com (our “Website”). This includes important information about your rights and obligations when buying Products from us.

These T&Cs may be updated from time to time. The most current version will always be published on our Website and App, so please check and read them carefully when ordering Products from us as the published version at the time of ordering applies. Whenever we update these T&Cs, we will tell you by emailing you and/or by clearly stating that they have been updated (with the relevant version date) at the top of this page.

Please note and understand that, by ordering our Products, you confirm that you are at least 16 years old and agree to be bound by these T&Cs. For the avoidance of doubt, when ordering our Products, you will be asked to tick a box confirming that you have read, understand, and agree to be bound by these T&Cs.

We will not file or store a copy of these T&Cs for each order made via the Website or App. You should print a copy of these T&Cs for future reference.

Any reference to “you” or “your” means you, a customer of our Products and a user of our Website. Any reference to “we”, “us”, “our”, “Soul Food Seriously” or “SFS” is to Soul Food Seriously Limited

These T&Cs are the entire agreement between us concerning your order. You agree that by ordering Products from us: (i) you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these T&Cs; and (ii) you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these T&Cs. Nothing in these T&Cs shall limit or exclude liability for fraud.

1. Information About Us

1.1. We operate the Soul Food Seriously Website. We are Soul Food Seriously Limited, a company registered in England. Our registered office is Malvern House, Stamford Hill, N16 6RS.

1.2. To contact us, please email hello@soulfoodseriously.com. You can also find everything you need to know about us and our Products on our Website, www.soulfoodseriously.com.

2. Use of Our Website and Your Data

2.1. We comply with applicable data privacy laws to ensure your data is handled correctly.

2.2. How we use any personal data you provide is set out in our Privacy Notice, which can be accessed by clicking here.

2.3. Our Website uses so-called cookies to distinguish you from other users so that we can improve your experience of using our Website. More information about how we use cookies can be found by clicking here.

2.4. Please take the time to read our Privacy Notice and Cookie Policy as they contain important information about how we use the information we collect about you.

3. Your Subscription

3.1. When you order our Products, you must order a minimum of 1 meal per week and you can select either a 1-Meal Plan, a 2-Meal Plan, or a 3-Meal Plan (each, a “Meal Plan” and, together, the “Meal Plans”).

3.2. Our Products are delivered to you weekly on a Wednesday or a Sunday (“Day of Delivery”), depending on which Meal Plan you select. Your Day of Delivery will be specified when you order.

3.3. By ordering our Products, you agree to a rolling weekly contract (or subscription) which can be cancelled or paused by Conditions 3.5 and 3.6 below. This means that we will deliver our Products each week according to your Meal Plan, unless and until you opt to cancel or pause.

3.4. You agree: (i) to pay the price and related delivery charges for your Meal Plan via our Website upon placing your order; and (ii) to us taking payment for subsequent weeks’ Meal Plans (including delivery charges) on a recurring weekly basis, unless and until you opt to cancel or pause. Payments are taken the same day each week the subscription was created.

3.5. You can cancel your weekly subscription by logging into your account and selecting the cancel option under Adjustment Settings. Once selected, you will only receive outstanding orders you have already paid for.

3.6. To amend or skip scheduled deliveries: (i) for a Sunday, you must make your changes by 5 pm on the Wednesday before; and (ii) for a Wednesday, you must make your changes by 5 pm on the Sunday before. Please carefully check your changes before confirming them.

3.7. We can end your subscription and claim any compensation due to us (including enforcement costs) if: (i) you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due; (ii) you don't, within a reasonable time of us asking for it, provide us with information, cooperation, or access that we need to provide our Products to you; (iii) if you misuse your account with us, including concerning using discount, voucher, or referral codes fraudulently or otherwise not following the applicable terms and conditions; and/or (iv) you don't, within a reasonable time, allow us to deliver our Products to you.

4. Our Products

4.1. We make every effort to display and describe our Products accurately on our Website and App. But, despite this, our Products may not exactly match our Website/App images because devices can display images differently and the nature of our Products (being food) means that they can vary in colour and size.

4.2. We reserve the right to withdraw or change our Products and Meal Plans at any time. If we do this, we will take reasonable steps to tell you about this by contacting you directly or via our Website.

5. Important Information About Allergies

5.1. If you have an allergy, you are responsible for checking our Website before placing an order to ensure that a Product does not contain something you are allergic to. If you are not sure about the content of our Products, please contact us at hello@soulfoodseriously.com.

5.2. Our Products are labelled to show any allergen advice, but please note that our Products may contain allergens including peanuts, eggs, soybeans, fish, crustaceans, lactose, nuts, celery, mustard, sesame, sulphites, lupin, and molluscs.

5.3. All Products are made in a kitchen that handles nuts. Any severe nut allergy sufferers should contact us at hello@soulfoodseriously.com before placing an order.

6. Our Right to Substitute Products

6.1. All Products are subject to availability. We try our best to supply what you have ordered, but we reserve the right to substitute any ingredients that we can’t reasonably provide with similar items.

6.2. If you are not happy with any substitution, please contact us at hello@soulfoodseriously.com. We will not charge you for Products that you have not ordered or for substitutes which are not acceptable to you.

7. Placing Orders

7.1. Our online order process allows you to check and amend your order at several stages before submitting your order to us. Please carefully check your order at each stage before submitting it to us.

7.2. After you have ordered, you will receive an email from us confirming your subscription; including your order number, items, delivery date and delivery instructions. At this point, a legally binding contract is formed between us.

7.3. We are not obliged to accept any order from you. Sometimes we reject orders, for example, because a Product is out of stock, or because you are located outside the UK or because the Product was mispriced by us on our Website or App. When this happens, we tell you as soon as possible by email or telephone and we refund or credit any sums you have paid.

8. Delivery

8.1. We do our best to deliver your Products on the Day of Delivery specified by us when you place your order, but this is not guaranteed.

8.2. You must give us the correct delivery information. Delivery will be completed when we, or our authorised delivery carrier, deliver the ordered Products to your nominated address. If no one is there to take delivery, the Products will be delivered according to the delivery instructions you provided with your order or, where possible and at our discretion, will be taken back to our premises for pick up.

8.3. Once delivered, the Products will be your responsibility. This includes where no one is there to take delivery and the Products have been left according to your delivery instructions or somewhere that we or our delivery carrier deem suitable. Upon delivery, you must check the Products and ensure they are stored appropriately.

8.4. If you haven’t already paid for the delivered Products, you will not own them unless and until we have received payment for them in full including all applicable delivery charges.

8.5. We do not deliver outside of the UK. However, you can place an order from outside the UK for delivery to an address within the UK. There are also areas of London that we are currently unable to deliver to. Please contact us at hello@soulfoodseriously.com before ordering for further information.

8.6. Subject to your rights in Conditions 3.5, 3.6, 9, and 11, you do not have the right to refuse delivery of the Products and refunds will not be made in these circumstances.

9. Pricing and Delivery Charges

9.1. Our Product prices and delivery charges are specified on our Website and may change from time to time. Any such changes will not affect any order already placed by you which has been accepted by us.

9.2. We try hard to ensure that our published prices and charges are correct, but sometimes we find mistakes. If so and there is a mistake in the price of a Product that you have ordered, we will tell you and give you the option of (i) continuing to purchase the Product at the corrected price; or (ii) cancelling your order for that Product. Your order won’t be processed until you have told us which option you would prefer. If we can’t contact you using the contact details you provided during the order process, we will treat the order as cancelled and try to notify you in writing. In all circumstances, please note that if the pricing mistake is obvious, unmistakable, and could have reasonably been recognized as mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

9.3. Our prices include VAT (where applicable). Our prices do not include delivery charges which are quoted separately.

10. Payments, Credits and Refunds

10.1. Payments are taken under Condition 3.4 above. We only accept payments by credit or debit card.

10.2. All payments are processed by our chosen merchant processor. We currently use Stripe payment services to carry out and process your payments. If a payment to us is returned by the card issuer unpaid, we may charge you an administration fee for handling the return.

10.3. If you place an order but your payment is not processed for whatever reason and you still wish to receive your Products on the next Day of Delivery, you must log into your account to make a payment and/or to update your credit or debit card details before the cutoff time for amendments and pauses specified in Condition 3.6. Stripe will continue to attempt to collect payments per Condition 3.4 but you will only receive your Products once valid payment details have been provided and the payment is processed ahead of the relevant cutoff time.

10.4. Any credit left on inactive accounts for more than 6 months will be removed. Therefore, please ensure that you request a refund of any credit balance when cancelling your subscription.

10.5. Any refunds will be made using the same payment method used to pay for your order.

11. Your Rights If There Is Something Wrong with Our Products

11.1. If you are a consumer, we are legally obliged to provide you with Products that are as described on our Website and App and that meet all requirements imposed by law.

11.2. If there is something wrong with our Products (including if packaging or containers arrive open, broken or cracked) or if we don’t deliver them when you expect us to, please email us at hello@soulfoodseriously.com as soon as possible (ideally within 24 hours of delivery or when you expected delivery). Give us your order number and, where relevant, a description and photograph of what’s wrong to help us investigate and process your refund. You must not consume a Product if you think it’s not fit for consumption.

11.3. We treat any issues related to our supply of Products very seriously and will reply to you as quickly as we can. We will either arrange for you to have a free additional meal in your next delivery, credit your account, or give you a refund within 14 days of (the earlier of):

us receiving the relevant Products back from you and being satisfied that they were defective; or
us receiving evidence from you satisfying us that the relevant Products were defective or weren’t delivered and agreeing that, in the case of defective Products, you may safely dispose of them (rather than return them to us).

11.4. The credit or refund will cover the price of the defective or undelivered Products and, where we require them to be returned to us, all reasonable (standard) delivery charges and costs incurred by you in returning the Products to us.

11.5. If the issue is minor, we will use our discretion (acting reasonably) as to the amount of any refund or credit.

11.6. If you are a consumer, you have legal rights concerning Products that are defective or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Your legal rights are not affected by your rights under Conditions 11 and 12, or anything else in these T&Cs.

12. Your Rights If You Change Your Mind (Applicable to Consumers Only)

12.1. All of the Products we sell are perishable. For these Products, your legal right to cancel an order within 14 days of delivery because you change your mind does not apply. But you do still have rights under these T&Cs to cancel, amend or skip orders – see Conditions 3.5 and 3.6 above.

12.2. For non-perishable Products, your legal right to change your mind still applies. This means that you have the right, within 14 days of delivery, to change your mind and return (at your own cost) any non-perishable Products to us. Please contact us at hello@soulfoodseriously.com if you change your mind and want to return non-perishable Products to us.

13. Promotional Offers, Discount/Voucher/Referral Codes & The SFS Loyalty Scheme

13.1. All of our introductory offers, promotions, special offers, discounts, referrals and voucher codes are subject to the terms and conditions on which they are issued. They can be cancelled, withdrawn or changed by us at any time without notice, and we are not obliged to accept them.

13.2. Only one discount, referral or voucher code can be used per order. These codes must be used before their expiry date (or any applicable offer, discount or credit will be lost) and can only be used for future orders. They cannot be exchanged for cash.

13.3. Only one referral code can be used per household. Referral codes must only be shared within your network and not publicly including on social media. Each account is limited to a maximum of 10 referrals.

13.4. You may only use discount, referral or voucher codes if: (i) they have been authorised or issued by us to use for our Products; (ii) you are entitled to use them. We reserve the right to cancel your subscription if we suspect any fraud.

13.5. If your code doesn’t work and it’s not clear why from reading the applicable terms and conditions, please contact us at hello@soulfoodseriously.com .

13.6. Any refunds for Products purchased using a discount, referral or voucher code, or otherwise at a promotional or special price, will be refunded at the actual price paid after the code, promotional or special price has been applied. Your legal rights concerning Products you buy from us still apply, even if you buy them at a discounted, promotional or special price.

13.7. SFS Loyalty Scheme

13.7.1. You are automatically signed up to the loyalty scheme when you place your first order. Rewards accrue based on the number of full weeks that you receive deliveries.

13.7.2. We reserve the right to change any aspect of the loyalty scheme at any time without notice, and/or to reset the number of accrued weeks at any time.

13.7.3. You will remain in the loyalty scheme if you skip deliveries. But, if you cancel your subscription, you will lose any accrued weeks and will start again from zero if you renew your subscription.

14. Our Liability to Consumers

14.1. Subject to Condition 16 (Losses we never limit or exclude), we are responsible for losses you suffer as a result of us breaching a term of these T&Cs unless the loss is:

14.1.1. Unexpected. This means that it was not obvious that the loss would occur and nothing you told us before we accepted your order meant that we should have expected it (so, under the law, the loss was unforeseeable).
14.1.2. Caused by a delaying event outside of our control, provided we have taken the steps set out in Condition 17.
14.1.3. Avoidable. This means the loss was something you could have avoided by taking reasonable action.
14.1.4. A business loss. This means any loss you suffer in connection with your trade, business, craft or profession (such losses are dealt with under Condition 15).

14.2. Subject to Condition 16 (Losses we never limit or exclude), our liability to you is limited to (i) the price of the Products sold to you and to which your claim relates (including the related delivery charges); plus (ii) the losses that we are responsible for under Condition 14.1.

15. Losses We Never Limit or Exclude

15.1. Nothing in these T&Cs shall limit or exclude your statutory rights (where you are a consumer).

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

15.2.1. death or personal injury caused by our negligence
15.2.2. fraud or fraudulent misrepresentation
15.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
15.2.4. defective products under the Consumer Protection Act 1987
15.2.5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

16. Events Outside Our Control

We will not be liable or responsible for any failure or delay in delivering our Products to you which is caused by an Event Outside Our Control (defined below).

In these circumstances, we will contact you as soon as possible and do what we reasonably can to minimise the impact on you. As long as we do this, we won’t compensate you for the delay or failure to deliver, but you can contact us at hello@soulfoodseriously.com to cancel the failed or delayed order and receive a refund.

An Event Outside Our Control means any act, event, omission or accident 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, malicious damage, acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.

17. Communications Between Us

Get in touch with us via email or live chat. We may communicate with you regarding your subscription, our Products or other matters relating to these T&Cs either via our Website or directly with you via email.

18. Other Important Terms

18.1. We may transfer rights and/or obligations under our contract with you to another person or organisation. We will tell you in writing if this happens and, if you are a consumer, we will ensure that such a transfer does not affect your rights under these T&Cs.

18.2. You may only transfer rights and/or obligations under our contract with you to someone else if we agree to this in writing.

18.3. Our contract is between you and us. No other person shall have any right to enforce it.

18.4. If a court or other authority decides that some of the terms in these T&Cs are unlawful, the rest will continue to apply.

18.5. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that does not mean that we can’t do it later.

18.6. These T&Cs are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts. If you are a consumer we can claim against you in the courts of the country you live in.