Terms and Conditions of Sale
Last Update 13.10.20

1. About these Terms and Conditions of Sale

1.1 These are the terms and conditions (“Terms”) for the sale and purchase of the goods (“Goods”) listed on the website www.themylkmaid.co.uk (“Website”) Please read these Terms carefully, together with the privacy policy which can be found here: www.themylkmaid.co.uk/privacy-and-cookies-policy (“Privacy Policy”) they govern The Mylk Maid’s relationship with you in relation to the Website and all purchases of Goods made by you on the Website.

1.2 We may update these Terms, Privacy Policy and Terms of Use at any time. You should check these Terms before placing each order to ensure that you are aware of any changes

1.3 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.

1.4 Before placing an order, if you have any queries relating to these Terms please contact us at info@themylkmaid.co.uk

1.5 In our dealings with you, we work on the assumption that you are at least 18 years old and are legally capable of entering in to binding contracts. 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.

1.6 These Terms of Sale, and any Contract between us, is only in the English language.

1.7 These Terms do not affect your statutory rights.

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 Orders can be amended or cancelled within 48hours notice of the scheduled delivery day by emailing us directly info@themylkmaid,co.uk

2.4 If you make any amendments to an order (such as adding or removing Goods) after payment has been taken, then you will either be refunded for the price of the Goods previously ordered, or will be charged separately for the new Goods ordered. You will receive email confirmation of the amended order.

2.5 Images of the Goods are provided for illustration purposes only. We cannot guarantee that your computer or phone’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 The Mylk Maid account per household at any time.

3.3 There are two types of order that you can place:

3.3.1 a one-off order – this is an order for Goods you order once for a particular delivery day or set of delivery days (“One-Off Order”). Your One-Off Orders can be seen in the “My Orders” section of the Website; and

3.3.2 a regular order – this is an order for Goods you order to be delivered regularly each week or fortnight for delivery on a particular day of the week (“Regular Order”). Your roundsperson 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 Items” section of the Website.

3.4 You will not be able to place a Regular Order unless you have completed a recurring payment set-up using one of our accepted payment methods via debit card or credit card) through our third party secure payment network (“Recurring Payment Set-Up”).

3.5 If you do not wish to complete a Recurring Payment Set-up, you will only be able to place One-Off Order(s) which will be payable at the time of ordering in accordance with paragraph 5 (How to Pay).

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

3.6.1 For One-Off Orders: the price of the Goods will be as quoted on the Website at the time you place your order. If you amend a confirmed order prior to delivery, the prices charged for the new item(s) will be those applicable at the time that the amended order is confirmed.

3.6.2 For Regular Orders: the initial price of the Goods will be as quoted on the Website at the time you set up your Regular Order. If you have set up a Regular Order, the price for Goods in future orders may differ from the price of those Goods originally ordered by you. Subject to paragraph 3.6.4 (Promotional Pricing), 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 the cost of your Regular Order in the “My Orders” page on the Website from 9pm the night before your delivery.

3.6.3 Making Amendments: As described in paragraph 2.4, if you amend either a Regular or One-Off Order, then the price charged for the amended order will be the price applicable to the item(s) at the time that the amended order is confirmed. Making amendments may also impact upon your applicable promotions, as described in paragraph 3.5.6.

3.6.4 Promotional Pricing (Regular Orders): If the Goods are on promotion at the point that your Regular Order(s) is confirmed, you will receive the promotional price on your Regular Order(s) for the duration of that promotional offer. Once that promotion has ended, Goods in your Regular Order will be charged at the full list price for the Goods, as varied from time to time. Regular Orders will also benefit from subsequent promotional prices and offers (e.g. multi-buy offers) as applicable from time to time (provided that you satisfy the promotional terms and conditions) and you will be charged the promotional price for the Goods during any subsequent promotion.

3.6.5 Promotional Pricing (One-Off Orders): If the Goods are on promotion when you place a One-Off Order, you will receive the discounted price for the Goods provided that you satisfy the specific terms and conditions for that offer.

3.6.6 Promotional Pricing (General): If you amend or cancel an order in accordance with paragraph 2.4, your original order may lose the benefit of promotions applicable at the time your original order was placed (e.g. an introductory price promotion may have ended when you try to add another product following an amendment or when you cancel and try to re-order). You will continue to benefit from promotional offers for Goods where your order for those Goods satisfies the terms and conditions for that particular offer.

3.6.7 We may run new customer registration offers from time to time via the Website or our social media channels (e.g. ‘10% off an order’ or ‘two weeks’ free milk’). Offers will usually require the entry of an offer or discount code before payment is made in order to redeem an offer. The terms and conditions for all of our offers will contain full information on offer redemption, and set out any specific restrictions, where applicable.

3.6.8 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. Once you place an order online, you will become an ‘online customer’ of The Mylk Maid, and the prices and terms and conditions shown online will apply to all orders. In the event of any inconsistency between the hard-copy catalogue/leaflet and the Website, the provisions and prices of the Website shall prevail.

3.7 You are able to place orders on the Website up to 45 days in advance, however this order window may fluctuate depending on the date you place your order, and on the dates that your roundsperson is able to deliver to your area.

3.8 We have made every effort to describe and display as accurately as possible the Goods that appear on the Website. However, your Goods may vary slightly from those images as they are natural, handmade products.

3.9 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 3.9 for what happens if we discover an error in the price of Good(s) you ordered. All prices are subject to change.

3.10 Where the Goods correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Goods to you. Where you have paid in advance for an order, we will refund within 24 hours of delivery the difference between the price paid and the lower amount; and

3.10.1 if the Goods correct price is higher than the price stated on our Website, we will charge the lower amount when dispatching the Goods to you. This is always subject to paragraph 7.5.

3.11 One-Off Orders can be placed using Single Click ordering functionality provided that you have previously placed one or more orders via the Website and you have agreed that we may retain your payment card details. You will not be able to use the Single Click ordering functionality unless you have completed a previous payment set-up and have agreed that we may retain your payment card details.

4. Order Confirmations

4.1 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 paragraphs 4.2 and 4.3 as applicable.

4.2 You will receive a single e-mail acknowledging confirmation and acceptance of a Regular Order or One-Off Order. You will not receive subsequent order confirmations unless you cancel or amend a Regular Order.

4.3 Orders will only be confirmed for delivery once they have moved from ‘My shopping basket’ to ‘My 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, we are under an obligation to deliver conforming Goods subject always to the availability of the relevant Goods and you are under an obligation to pay.

5. How to Pay

5.1 You can only pay for Goods by UK debit or credit card (other than American Express) as set out below. No other vouchers, savings stamps, “money-off” coupons (unless issued by The Mylk Maid) 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 Transactions” section of the Website.

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

5.2.1 One-Off Orders: one-off payment can be made by debit or credit card as detailed on our Website. 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 Orders” section of the Website. A confirmation will be sent to your designated email address. This may take up to 24 hours. Payment will be taken at the time of order.

5.2.2 Regular Orders: must be paid for using a recurring card payment facility: Recurring Credit or Debit Card Payment: Once you have successfully set up your debit card or credit card on the payment section of the Website, you will be charged weekly in advance of delivery on the Saturday  for your regular deliveries the following week, Monday to Sunday. You will receive an email when you set up your Regular Order to your designated email account detailing the amount of payment to be taken each week for the duration of your Regular Order. Any amendments to your Regular Order after 10pm on Saturday of any week will for the first week be dealt with as a One-off Order and be paid for in accordance with paragraph 5.2.1 above. Your Regular Order will then be updated together with the adjusted value of your Recurring Card Payment. If you have removed any items from your Regular Order after 10pm on the Saturday of any week, you will receive a refund on your card used to pay the Recurring Payment within 24 hours of receiving notification from us that the Goods were not delivered and the amendments to your Regular Order will be in place for the following weekly delivery.

5.2.3 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.

5.3 If you make any changes to your Order in accordance with paragraph 2.4 above after payment has been taken, any adjustments required to the total payment for that Order will either be automatically refunded or charged to the same Credit or Debit card details used for the original Order.

6. Payment Failures

6.1 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.

6.2 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.

6.3 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.

7. Delivery

7.1 Delivery is free of charge and will, subject to paragraphs 7.2 and 7.3, be made to the address specified by you when you register on the Website.

7.2 When you register on the Website you will be advised on whether we deliver to your area. We reserve the right to restrict or cease deliveries in any area at our sole discretion. We will provide you with up to 7 days advance notice of any restriction or cessation of deliveries in your area. If delivery dates are restricted and you are not happy with the proposed revised delivery days for your Regular Order or any One-Off Order you may cancel the order. If we cease to deliver in your area your Regular Order or any One-Off Order will be cancelled. In the event of any payment received in respect of a cancelled order we will refund you within 24 hours of receiving notice of cancellation.

7.3 When you register on the Website, you will be advised of the day on which your delivery will be made in your area. Delivery outside of these times is not available for either Regular Orders or One-Off Orders, unless we notify you otherwise.

7.4 Subject to paragraph 7.2 and 7.3, delivery will be made on the day you have requested. 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.

7.5 Your acceptance of Goods shall be deemed to take place on delivery, unless we are notified in accordance with paragraph 9. If you have specific delivery instructions please advise us in the ‘My Account’ section of the Website.

7.6 In the event of non-delivery of Goods, please notify us within 24 hours of when the Goods should have arrived and we will either arrange to have such Goods redelivered as soon as is reasonably practicable after such notification or arrange for a refund.

Defective or Incomplete Goods

8.1 We are under a legal duty to supply products that are in conformity with this contract and each of the Goods is sold subject to its product description which can be found on the relevant page for those Goods.

8.2 If you think that any of the Goods you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then please contact us directly where we will do our best to help you and, where applicable, arrange for a refund. We reserve the right to ask you to send us reasonable evidence of any of the Goods affected by such issues.

8.3 We will refund to you the cost of any product affected by such issues. To receive a refund of an affected Perishable Item though, you must notify us of any such issues before the expiry of the “best before” date stamped on the product.

8.4 The guarantee provided above is in addition to your legal rights in relation to Goods that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

8.5 Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.6 The Mylk Maid is not liable for damaged or stolen mylks delivered to public/communal areas. 

9. Our Liability to You

9.1 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.

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

9.2.1 death or personal injury caused by our negligence;

9.2.2 fraud or fraudulent misrepresentation;

9.2.3 liability which may not be limited or excluded under section 31(1) of the Consumer Rights Act 2015;

9.2.4 defective products under the Consumer Protection Act 1987; or

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

9.3 We we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. Events Outside Our Control

10.1 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 11.2.

10.2 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, pandemic, epidemic or other natural disaster, cyber-attack, 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.

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

10.3.1 we will contact you as soon as reasonably possible to notify you; and

10.3.2 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.

11. Returns and Your Right of Refund

11.1 If you cancel your order due to a fault with the product then we will reimburse you the price for the Goods which you are cancelling.

11.2 We will make any reimbursement due to you as soon as possible.

11.3 We will reimburse you by refunding any amount due to you on the credit or debit card used by you to pay. You will not incur any fees as a result of the refund.

12.  Privacy

12.1 We are 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.

12.2 When you register with The Mylk Maid 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.

13. Contacting Us

13.1 If you have any feedback or a complaint about The Mylk Maid products you have bought or if you have a query regarding a delivery, please contact us by email at  info@theylkmaid.co.uk or contact us through our social media pages.

13.2 “Us” is defined as Josh Sexton, trading as ‘The Mylk Maid’

14. Other Important Terms

14.1 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 the Website if this happens.

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

14.3 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.

14.4 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.

14.5 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.https://themylkmaid.co.uk/privacy-policy/

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