Terms & Conditions

  1. INTRODUCTION

    1. Rose & Mary Ltd, a company registered in the United Kingdom under company number 9221046 and with our registered office at 177c Priory Road, London, N8 8NB (“we”, “our”, “us” or “Rose & Mary Ltd”) operate the website www.roseandmary.com and the app Rose & Mary (“our Sites”)

      In these terms and conditions (“T&Cs”) the following words and expressions shall have the following meanings:

      the Customer
      , you, your: means you, the customer, who buys the Products from Rose & Mary, User who opens an Account;

      Rose & Mary
      , Our and We: means Rose & Mary LIMITED;

      the Products
      : means the products supplied by Rose & Mary to the Customer;

      the App
      : means the app Rose & Mary as made available on the iOS AppStore

      the Customer Account
      : means a password protected account which has been opened by you through our Sites in respect of the Services

      and VAT means Value Added Tax;
    2. These Terms (together with our Privacy Policy) describe the legal terms and conditions on which we provide the food delivery services available via our Sites (“Services”) to you. The Terms together with our Privacy Policy constitute the “Agreement”. By purchasing any of our Services you agree to be bound by the Agreement.
      We may from time to time revise the information and the legal terms contained on our Sites and reserve the right to make such changes at our discretion.
  2. CONDITIONS REGULATING THE USE OF THE SERVICES

    1. The Order & Changes to the Order
      1. The Services shall be performed according to the process set out below and these Conditions shall apply to all orders for the supply of the Products by Rose & Mary to the Customer. When a Customer makes an Order for any or all of our Products, he or she shall be deemed to be making a formal request to purchase our Products in accordance with these Conditions (“the Order”).
      2. Rose & Mary is under no obligation to accept an Order from a Customer and the acceptance of any Order for our Products shall be at our sole discretion. Orders will only be possible via using the App.
      3. We will confirm our acceptance of your Order by showing an on-screen message and/or by sending you an email confirming the information you included in your Order and providing a delivery estimate subject to 2.2.4 This Agreement together with the Order will become legally binding on you and us when we send you the Confirmation Email;
      4. You must be over 18 years of age to be able to place an Order on the App.
      5. You can cancel your Order free of charge up to one minute after you have confirmed it. After one minute the order will be considered confirmed and it will no longer be refundable.
      6. Subject to 2.1.4, you cannot amend your order once you have placed and confirmed your order.
      7. You will be able to pay for your Order on the App using your Credit Card or any other payment methods that we may introduce on our Sites from time to time.
      8. There will be a finished number of products available at any given time and we can make no guarantee of their availability. If one of the Products is sold out, this will be promptly and clearly indicated on the App and you shall not be able to place and Order for that Product so as to avoid disappointment.
      9. Unless otherwise stated in writing, all the prices shown on the App are inclusive of VAT.
    2. Delivery of the Products
      1. We will only deliver Products to an address within the delivery area specified on our Sites as updated from time to time. We cannot accept an Order from outside the indicated delivery area.
      2. At any time from the moment of your Order you will be able to track your delivery on the App. If you have allowed Rose & Mary to send you Push Notifications, you may receive a Push Notification when the delivery driver is less than three minutes away, and another Push Notification when the delivery driver has arrived at the agreed delivery address - or at another location chosen by the Delivery Driver (and clearly visible on the App) should the delivery driver not have such access and parking facilities at the agreed delivery address as may be reasonably required to carry out the Services. At this point you shall be ready to collect our Product from the delivery driver;
      3. The Delivery Driver will wait for a maximum amount of time indicated in the Push Notification and on the App, after which, If you are not present to take delivery of the Products at the address given in your order, the Delivery Driver will leave. On such occasions, we will not be able to refund you the price for your order.
      4. Times given for delivery are estimates only and we shall not be liable for any delay in delivery.
  3. The Products

    1. The Products are intended to be gluten and sugar free meals. However, we make no guarantee and give no warranty with respect to the possibility of gluten and sugar contamination in the ingredients used to make the Products.
    2. We do not recommend that you use the Services if you have any allergies. We do not accept any liabiliity in respect of the allergenic content of the Products. If you do have allergies and still wish to use the Services then you do so at your own risk.
    3. We strive to ensure complete and accurate information on any allergens that the Products may contain is clearly provided on our Sites, but as all our Products are cooked in the same kitchen we cannot guarantee and make no warranty that the Products will not contain allergens or that cross-contamination between ingredients has not occurred while preparing the Products. Some Products may contain nuts.
    4. As all of our Products are crafted by our chefs one by one, sizes of the dishes may vary slightly at times, though we endevour to maintain a very high level of consistency in the portions given.
    5. Nutritional information provided is an approximation based on values provided by suppliers and published resources. We cannot guarantee the exact nutritional information.
  4. Transfer of Property

    1. Risk in the Products shall pass to the Customer upon delivery.
  5. Communication

    1. By becoming a Customer, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us.
    2. By creating a Customer Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Rose & Mary at any time by texting the word STOP to shortcode from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
  6. PROMOCODES AND REFERRAL PROMOCODES

    1. Promocodes
      1. Rose & Mary may from time to time run promotions offering discount codes (“Promocodes”) to be redeemed at the time of placing the -Order on the App using that Promocode.
      2. Each Promocodes can only be used once by each Customer.
      3. Each Promocode may have an expiry date, after which it will be no longer valid. If you do have a Promocode, please make sure you check the expiry date.
      4. Customers must hold an existing Customer Account on the App if they wish to redeem a Promocode. If you do not hold an existing Customer Account, you must register and create a Customer Account via the App.
      5. The value of the discount shown on the Promocodes (“Reward Value”) will be decided by us from time to time.
    2. Referral Promocodes
      1. Rose & Mary Customers will be assigned a unique Referral Promocode to give to friends they wish to invite to try Rose & Mary’s Services. Each Referral Promocode will clearly indicate the Reward Value.
      2. Using the Referral Promocode, the invited friend (“Referred Person”) will benefit from a discount on their first purchase on the App using their Customer Account. If the Referred Person does not hold an existing Customer Account, they will be required to register and create a Customer Account via the App.
      3. When the Referred Person has successfully completed the first Order using the Referrer’s unique Referral Promocode, the Referrer’s account will automatically be credited with the amount indicated on the Referral Promocode.
      4. The referrer has 3 months upon the referred person’s order (successful Order, no cancellations) to redeem their credit.
      5. The referred person has 3 months from the time of sign up to redeem their Promocode.
    3. Termination
      1. Rose & Mary reserves the right to close Customers’ accounts or/and cancel orders of Referring or Referred Persons, if these have been fraudulently created in order to the terms of use as described in 3.2 and 3.1. Rose & Mary reserves the right to terminate the programme or change its terms any time and at its own sole discretion.
    4. Use and Liability of Promocodes and Referral Promocodes
      1. As a Rose & Mary Customer you agree that Promocodes and Referral Promodcoes must be used for the intended audience and purpose, and in a lawful manner. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Rose & Mary.
      2. Rose & Mary may disable Promocodes or Referral Promocodes at any time for any reason without liability to Rose & Mary.
  7. LIMITATION OF LIABILITY

    To the fullest extent permitted by law, Rose & Mary excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which Rose & Mary had no control of the consequences and which Rose & Mary could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others. In any event, Rose & Mary's liability to the Customer will not exceed the total price charged for the relevant items. Nothing in these conditions shall affect the statutory rights of the customer.
  8. APPLICABLE LAW

    Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of England and Rose & Mary and the Customer submit to the non-exclusive jurisdiction of the Courts of England.