Terms of service

Introduction and Acceptance of Terms

These Terms of Service ("Terms") govern all purchases made through merchantsfoods.com ("the Site") and set out the conditions under which you may access and use the Site and associated online services (collectively, the "Services"), whether as a guest or a registered user.

By accessing, browsing, or placing an order through the Site, you agree to be legally bound by these Terms, alongside our Privacy Policy, Delivery Policy, and Returns & Refunds Policy. If you do not agree with these Terms in full, you must immediately cease using the Site and refrain from ordering any products or using any Services.

We reserve the right to update, modify, or replace any part of these Terms by posting updates on the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

1. About Us

  1. Company Information: The Site and Services are operated by Merchants Premium Food Ltd, a company registered in England and Wales under company number 16066690.
  2. Registered Office: 9 Lodge Close, Halesowen, West Midlands, B62 0BG.
  3. Business Activity: We manufacture and sell premium gluten-free food products through our online store. Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products to you.
  4. Contact Information:
    1. General Enquiries: info@merchantsfoods.com
    2. Returns & Refunds: returns@merchantsfoods.com

2. Eligibility & User Accounts

  1. Eligibility Criteria: By placing an order or registering an account on the Site, you confirm that:
    1. You are at least 18 years of age.
    2. You are legally capable of entering into binding contracts under applicable law.
    3. All details provided to us (including full name, billing address, delivery address, and payment information) are complete, true, and accurate.
  2. Account Security: If you are provided with, or create, a user ID, password, or any other security credentials, you must treat such information as confidential and must not disclose it to any third party. You are responsible for all activities that occur under your account.
  3. Account Termination: We reserve the right to disable, suspend, or terminate any user account or restrict access to any part of the Site at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
  4. Data Processing: Any personal information you provide to us is processed in strict accordance with our Privacy Policy. By using the Site, you consent to such processing and warrant that all data provided by you is accurate.

3. Site Access & Availability

  1. Service Availability: Access to the Site is permitted on a temporary basis. We reserve the right to withdraw, amend, or suspend the Services or any portion of the Site without prior notice.
  2. Downtime & Liability: We will not be liable if, for any reason, all or any part of the Site or Services is unavailable at any time or for any period. From time to time, we may restrict access to certain parts of the Site to users who have registered with us.

4. Product Details, Safety & Storage

  1. Product Specifications: We take reasonable care to ensure that product descriptions, pricing, ingredients, allergen data, and nutritional information are accurate and up to date. However:
    1. Product packaging, presentation, and colors may vary slightly from displayed images.
    2. All weights and volumes stated are approximate unless specified otherwise.
    3. Product formulations and ingredients may change. You must always read the physical product label, safety warnings, and instructions prior to consumption.
  2. Food Safety Compliance: All products sold on the Site are manufactured in accordance with UK food safety standards and regulations and are suitable for individuals requiring a coeliac-safe, gluten-free diet.
  3. Storage & Handling Responsibility: Upon delivery, you assume full responsibility for storing and handling the products in accordance with the instructions provided on the packaging. We are not liable for product deterioration, spoilage, or defect resulting from improper storage, handling, or failure to follow packaging instructions after delivery.

5. Order Process & Contract Formation

  1. Submitting an Order: Placing an order via the Site constitutes an offer by you to purchase the selected items from us subject to these Terms.
  2. Order Acknowledgement: Upon placing an order, you will receive an Order Confirmation Email acknowledging receipt of your purchase. This email is an acknowledgement only and does not constitute formal acceptance of your offer.
  3. Contract Formation: A binding legal contract between you and Merchants Premium Food Ltd is formed only when we issue a Dispatch Confirmation Email explicitly confirming that the items have been dispatched. The contract applies exclusively to those items confirmed in the Dispatch Confirmation Email.
  4. Order Refusal & Cancellation: We reserve the right to decline, restrict, or cancel any order or service at our sole discretion at any time prior to dispatch, without liability. Grounds for cancellation or refusal include, but are not limited to:
    1. Product unavailability or stock exhaustion.
    2. Inability to obtain payment authorization.
    3. Errors in pricing, product descriptions, or promotional application.
    4. Indication or suspicion of fraudulent, unauthorized, or illegal activity.
    5. Delivery restrictions or address invalidity.
  5. Refusal Refunds: If we cancel your order prior to dispatch, you will receive a full refund to the original payment method used.

6. Pricing, Payment & Taxes

  1. Pricing Currency & VAT: All prices displayed on the Site are quoted in British Pounds Sterling (GBP/£) and include UK Value Added Tax (VAT) where applicable.
  2. Exclusions: Stated product prices exclude delivery charges, which are calculated and displayed during the checkout process based on the selected delivery option and destination.
  3. Price Changes: Prices are subject to change at any time, but price alterations will not affect orders for which a Dispatch Confirmation Email has already been issued.
  4. Payment Processing: Payment is collected in full at the time the order is placed. We accept valid debit cards, credit cards, and other payment methods offered at checkout.
  5. Bank & Conversion Fees: If purchasing with a non-GBP payment method or card, your issuing bank or card provider may apply currency conversion fees or international transaction charges. We are not responsible for these additional charges.

7. Delivery & Risk of Loss

  1. Delivery Methods: Available delivery options (such as Royal Mail Tracked 24 and Royal Mail Tracked 48) and applicable fees are detailed during checkout and outlined in full in our Delivery Policy.
  2. Estimated Schedules: All quoted delivery timeframes are estimates based on working days (excluding weekends and UK public holidays) and are non-binding. We are not liable for transit delays caused by third-party delivery providers, custom checks, or external factors outside our reasonable control.
  3. Accuracy of Delivery Details: You are responsible for ensuring that all delivery addresses, postal codes, and contact details provided are accurate and complete. We accept no liability for non-delivery, lost parcels, or delays caused by inaccurate or incomplete address details.
  4. Passage of Risk & Title:
    1. Risk: Risk of damage to or loss of products passes to you upon delivery of the goods to the address provided during checkout.
    2. Title: Ownership of the products passes to you only when full payment of all sums due (including delivery charges) has been successfully received by us.

8. Returns, Cancellations & Damaged Goods

  1. Policy Framework: Your rights to return, exchange, or cancel orders are governed by these Terms and our dedicated Returns & Refunds Policy.
  2. Perishable Goods Exemption: Under UK statutory consumer protection law, standard statutory cancellation rights do not apply to perishable goods, including food items, once dispatched. Unopened, non-perishable goods (or unopened food items that remain suitable for return under UK law) may only be returned if explicitly approved by our customer support team prior to return shipping.
  3. Damaged, Faulty, or Incorrect Orders: If your parcel arrives damaged, incomplete, faulty, or incorrect, you must report the issue to us within 48 hours of delivery:
    1. Contact: Email returns@merchantsfoods.com
    2. Required Details: Provide your full name, order number, a clear description of the issue, and high-resolution photographs showing the product and packaging damage.
    3. Resolution: Upon verifying the issue, we will arrange a free replacement or issue a refund to your original payment method. Where a physical return is requested, a pre-paid return label will be provided.
  4. Refund Processing: Approved refunds are processed to the original payment method used for the purchase. Value applied via promotional discount codes is non-refundable.

9. Promotional Codes & Offers

  1. Applicability: From time to time, Merchants Premium Food Ltd may issue promotional discount codes, vouchers, or special offers. Applying a promotional code at checkout constitutes agreement to these Terms and any specific terms accompanying the promotion.
  2. Usage Conditions:
    1. Codes must be applied at checkout prior to order submission and are valid only on merchantsfoods.com.
    2. Promotional codes cannot be combined with other offers, codes, or applied toward gift card purchases.
    3. Discounts apply solely to product basket values and explicitly exclude delivery fees unless otherwise stated.
    4. Codes may carry minimum spend thresholds, usage caps, product exclusions, and expiration dates.
    5.  Promotional codes have no monetary cash value, are non-transferable, and cannot be resold.
  3. Modification & Cancellation: We reserve the right to modify, deactivate, or withdraw promotional codes or special offers at any time without prior notice. Refunds for returned items will reflect the net amount paid after discount application, not the original retail price.

10. Reviews & User Submissions

  1. Content Standards: Customers may be invited to submit product reviews, feedback, or media. By submitting any user content, you guarantee that:
    1. The submission represents your genuine personal experience with our product.
    2. The content is factual, lawful, accurate, and not misleading.
    3. The content does not contain defamatory, vulgar, offensive, discriminatory, or unlawful statements.
    4. The content does not violate third-party intellectual property rights or include personal data of third parties without consent.
  2. License Grant: By posting or submitting user content/reviews, you grant Merchants Premium Food Ltd a perpetual, non-exclusive, royalty-free, worldwide, transferable licence to use, edit, publish, reproduce, and distribute your submission across our website, marketing channels, and social media platforms.
  3. Moderation: We retain the right, but not the obligation, to monitor, edit, approve, or remove user content at our sole discretion. Reviews express the opinions of individual authors and do not reflect the views of Merchants Premium Food Ltd. To report illegal or infringing review content, contact info@merchantsfoods.com.

11. Website Acceptable Use & Security

  1. Prohibited Conduct: You must not misuse the Site or Services. Specifically, you agree not to:
    1. Upload, post, or transmit any material that is harmful, illegal, threatening, defamatory, or infringes any third-party intellectual property rights.
    2. Introduce viruses, Trojans, worms, logic bombs, or other malicious, technologically harmful code to the Site.
    3. Attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to our Services.
    4. Launch denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Site.
  2. Criminal Offence Reporting: Breach of this clause may constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to relevant law enforcement authorities and cooperate by disclosing your identity to them.
  3. External Links:
    1. Linking to our Site: You may link to our homepage in a fair and legal manner that does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
    2. Third-Party Links: The Site may contain links to third-party websites or services. We have no control over the content, privacy practices, or accuracy of third-party resources and accept no responsibility or liability for them.

12. Intellectual Property Rights

  1. Ownership: Merchants Premium Food Ltd (or its licensors) owns all intellectual property rights in the Site, its original content, design, code, branding, logos, graphics, and proprietary software. These works are protected by UK and international copyright, trademark, and database laws.
  2. Restrictions: You are granted a limited, personal, non-exclusive, non-transferable licence to access the Site for personal, non-commercial use only. You must not reproduce, duplicate, copy, sell, modify, reverse-engineer, or exploit any portion of the Site or Services without express prior written consent from Merchants Premium Food Ltd.

13. Warranties, Limitation of Liability & Force Majeure

  1. Disclaimer of Warranties: To the maximum extent permitted by UK law, the Site and Services are provided on an "as is" and "as available" basis without express or implied warranties of any kind, including implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
  2. Limitation of Liability:
    1. Merchants Premium Food Ltd, its directors, employees, or partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
    2. We accept no liability for product degradation resulting from improper user storage, handling, or failure to follow packaging safety instructions post-delivery.
    3. Our total aggregate liability to you for any claim arising out of or in connection with an order shall not exceed the total purchase price paid by you for the products in that order.
  3. Statutory Rights: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under mandatory UK consumer law.
  4. Force Majeure: We are not liable for any failure, delay, or non-performance of our obligations under these Terms caused by events or circumstances beyond our reasonable control (a "Force Majeure Event"). Force Majeure Events include, but are not limited to, severe weather, natural disasters, acts of government, strikes, industrial actions, epidemics, pandemics, global supply shortages, or failure of public or private telecommunications networks and transport infrastructure.

14. General Legal Terms

  1. Waiver: Failure by us to enforce any right or provision of these Terms at any time shall not operate as a waiver of such right or provision in the future.
  2. Severability: If any provision or part-provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, or severed if modification is impossible, and the remaining provisions shall continue in full force and effect.
  3. Entire Agreement: These Terms, together with our Privacy Policy, Delivery Policy, and Returns & Refunds Policy, constitute the entire legal agreement between you and Merchants Premium Food Ltd, superseding all prior communications, proposals, or understandings (whether oral or written).
  4. Third-Party Rights: A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any provision of these Terms.
  5. Governing Law & Jurisdiction: These Terms, their subject matter, and any non-contractual disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. You and Merchants Premium Food Ltd irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.