The Perryman Terms and Conditions

1. INFORMATION ABOUT US

1.1 These are the website terms and conditions of The Perryman Enterprise Limited, trading as “The Perryman” in the UK.

1.2 We operate the website www.theperryman.com (the “Website”).

1.3 This document (together with the documents referred to in it) and our Privacy Policy provide our terms and conditions, on which we will supply to you the products (“Products”) listed on our Website via one of our subscription services (“Services”) or via a one off delivery. You can cancel your order at any time 5 days before your chosen or allocated delivery date, as set out in further detail below. Please read these terms and conditions carefully before ordering any Products from our Website or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. You should also carefully review our Privacy Policy before placing an order for Products through our Website.

1.4 These Terms and Conditions were most recently updated on 17 February 2023 and apply to sales to consumers.

1.5 If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.

1.6 You should print a copy of these terms and conditions for future reference.

1.7 Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.

1.8 In these terms and conditions, the words “we”, “us”, “our” and similar expressions refer to The Perryman, a division of The Perryman Enterprise Limited.

2. SERVICE AVAILABILITY

2.1 Our Website is only intended for use by people residing in England. Unfortunately, we cannot accept orders from individuals outside of this Country at this time as detailed in these Terms & Conditions and on our Website.

3. YOUR STATUS

3.1 By placing an order through our site, you warrant that:

3.1.1 you are legally capable of entering into binding contracts;

3.1.2 you are at least 18 years old;

3.1.3 you are a resident in one of England; and

3.1.4 you are accessing our Website from England.

4. PURCHASE CONTRACT

4.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. Subject to our cancellation rights set out in clause 4.5 below, acceptance of your order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you. After the Contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via email and/or SMS message as applicable.

4.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Contract, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. The Perryman may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before The Perryman reasonably could act. To terminate your authorisation or change your payment method please contact our customer care team via the various methods detailed on our Website.

4.3 By subscribing to The Perryman subscription service you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. This is subject to variation in accordance with clause 4.5 below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

4.4 Cancelling annual your annual subscription or order is easy. You just need to contact us  via the contact form on our website, https://theperryman.com/pages/contact and let us know you wish to cancel your order, please include your order number when doing so (this must be completed by 11:59 PM five days before the following week's delivery).

4.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.

4.6 To exercise the right to cancel any order you place with us, you must inform us of your decision to cancel this contract by a clear action or statement. This includes contacting our team via our contact form on https://theperryman.com/pages/contact and requesting that your order be cancelled. This must be completed by 11:59 PM five days before your delivery.

4.7 Your order is an offer to buy from us on a one-off or recurring delivery basis. You place your order by using the ordering process on our website or our digital services including but not limited to our apps (the term “website” shall hereafter refer to the website and our other digital services). This involves making the selection on our site and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button. You can also change your order any time up to the cut-off point of 11:59 PM five days before your delivery.

You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes. We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed. We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). You acknowledge that, for recurring orders, we will select the relevant meals for you. The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over the phone instead.

5. OUR PRODUCTS

5.1 The images of Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our Website.

5.2 You are responsible for opening and inspecting the Products upon delivery and storing them correctly. You are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.

5.3 Our packaging includes details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly. Whilst we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.

5.4 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact our customer care team via the various methods detailed on our Website.

5.5 It is possible that on rare occasions some of the products listed on our Website may be incorrectly priced. If a product's correct price is higher than the price stated on our Website, we will normally reject your order for that product and notify you of such rejection. Prior to us dispatching your order, we are under no obligation to provide the product to you at the incorrect (lower), even after we have sent you an Order Confirmation.

5.6 The prices stated on the Website will be inclusive of any VAT payable.

5.7 Each order you make may incur an additional 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 is set at our sole discretion and will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address. Charges may vary from day to day.

6. VOUCHERS AND GIFT CARDS

6.1 We may offer gift cards, discount promotions and other types of voucher (“Voucher”) which require activation by email application in order for the holder to commence delivery of Products through our Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher holder when the holder redeems the Voucher by applying for a Service to commence.

6.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

6.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.

6.4 Vouchers may only be redeemed through our Website and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

6.5 The Perryman may offer a range of ‘Refer a Friend’ offers from time to time. The offer may entitle the The Perryman customer to receive account credit for referring their friends, provided that their referral signs up to The Perryman. The ‘Refer a Friend’ offer provided from time to time entitles the receiver to a limited discount. This offer is strictly for new customers only and can only be redeemed once per person and per household. By providing the contact details of any individual, The Perryman customer confirms that the relevant individual has explicitly consented to their personal details being shared with The Perryman.

6.6 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

6.7 Vouchers (including credits to your accounts) are not available for use in connection with surcharge items, premium items or extras. We reserve the right to exclude the use of Voucher codes on specific products.

6.8 We reserve the right to exclude the use of Voucher codes on specific products, including (but not limited to) Vouchers linked to regular The Perryman subscription Services cannot be used on the The Perryman promotional boxes. Vouchers will not be applied in conjunction with any existing account credits.

6.9 We reserve the right to cancel Vouchers at any time. We also reserve the right to reject Voucher codes if we suspect any fraud.

7. CONSUMER RIGHTS

7.1 You may deactivate an order, or cancel your subscription at any time. To do so, please follow the steps outlined above in clause 4.4.

7.2 As our Products contain fresh and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your order or subscription in line with the details set out above.

8. DELIVERY

8.1 Delivery will be complete when we deliver to the address which you specify when ordering.

8.2 Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.

8.3 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact us or the third party delivery company to arrange re-delivery. If nobody is available to receive the goods, we will use reasonable efforts to follow any special delivery instructions you have provided.

8.4 The Perryman reserves the right to change your delivery date with prior notice.

8.5  We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery geographies altogether.

8.6 We endeavour to ensure that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot to receive delivery of the order. We may ask that an appropriate person signs for the order on delivery.

8.7 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.

8.8 In the event that no appropriate person is available at your address to receive delivery, we may elect to leave your shopping unattended in a place determined by our driver. We expressly disclaim all liability which may arise by virtue of any delivery being left unattended. 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.

8.9 The Perryman reserves the right to cancel your order if you do not live in a postcode covered by Hackney or Newham Council.

9. RISK AND TITLE

9.1 Refusal of your delivery does not negate the charge for the Services. The Perryman will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier.

10. PAYMENT COLLECTION

10.1 If payment is not processed when re-attempted by The Perryman we reserve the right to recover the debt through alternative means, either directly or through a third party debt collection agency who will contact you directly on our behalf.

10.2 The Perryman may contact you via email, letter, call or SMS to retrieve the funds.

10.3 If you fail to settle the outstanding balance or contact The Perryman within ten days of the delivery date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any outstanding amount.

10.4 If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency who will contact you on our behalf. You will be liable for any fees or charges incurred due to this referral.

10.5 We reserve the right to suspend or terminate your service when there is an outstanding balance on your The Perryman account.

11. OUR REFUNDS POLICY

11.1 If you are unhappy with your order for a legitimate reason such as: the order was missing ingredients, the order was damaged or the order did not arrive, we will offer an appropriate refund as long as it can be shown that the order you were charged for was not supplied as it should have been.

12. WARRANTY

12.1 We warrant to you that any Product purchased from us through our Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

13. OUR LIABILITY

13.1 Subject to clause 13.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

13.2 Nothing in this agreement excludes or limits our liability for:

13.2.1 Death or personal injury caused by our negligence;

13.2.2 Fraud or fraudulent misrepresentation;

13.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

13.2.4 Defective products under the Consumer Protection Act 1987; or

13.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

14. PRIVACY

14.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

15. ENGLISH LAW

15.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

16. WRITTEN COMMUNICATIONS

16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. TRANSFER OF RIGHTS AND OBLIGATIONS

17.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

18. INTELLECTUAL PROPERTY RIGHTS

18.1 We are the owner or the licensee of all intellectual property rights in our Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

18.2 You may print off one copy, and may download extracts, of any pages from our Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

18.3 If you post comments on the Products or Services to any Website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Website and in any advertising or social media outlets which we may create or contribute to.

 

19. EVENTS OUTSIDE OUR CONTROL

19.1 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 events outside our reasonable control (“Force Majeure Event”).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 22.2.1 Strikes, lock-outs or other industrial action;

19.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

19.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

19.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

19.2.5 Impossibility of the use of public or private telecommunications networks;

19.2.6 The acts, decrees, legislation, regulations or restrictions of any government; and

19.2.7 Pandemics or epidemics.

19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20. SEVERABILITY

20.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

21.4 Nothing in this clause limits or excludes any liability for fraud.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

22.1 We have the right to revise and amend these terms and conditions (including the Privacy Policy) from time to time without prior notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

22.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. COMPLAINTS

22.1 If you have any complaints, please contact us via our Contact Form https://theperryman.com/pages/contact

23. COMPANY INFORMATION

Company name: The Perryman Enterprise Limited

Country of incorporation: England and Wales.

Registered number: 14660584

Registered office and trading address: 21 Ribblesdale Road, Birmingham, B30 2YS

Other contact information: See our website.