Purchase Terms

1. These terms

1.1

These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us

2.1

We are The Very Good Food Company Inc. incorporated under the laws of the province of British Columbia, Canada with incorporation number BC1101780. Our registered office is at 885 W. Georgia, #900, Vancouver, British Columbia, V6C 3H1.

2.2

In these terms, the words “we”, “us”, “our” and similar expressions refer to The Very Good Food Company Inc. and “you”, “your” and similar expressions refer to the consumer. We sell our products under our The Very Good Butchers and The Very Good Cheese Co. brands.

2.3

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Your status

3.1

• a) You are legally capable of entering into contracts; and
• b) Are located and residing in a country of Great Britain (excluding Northern Ireland) where our products are available for delivery as set out in these terms and conditions.

4. Our contract with you

4.1

How we will accept your order. After placing an order for our products on our website, you will receive an email from us acknowledging that we have received and accepted your order (Order Confirmation). The contract between us for the purchase of our products (Contract) will only be formed when we send you the Order Confirmation. We are not under any obligation to accept an order from you.

4.2

If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Please note that we reserve the right to limit or prohibit orders that we consider to have been placed by dealers, resellers or distributors.

4.3

Our UK website. Our UK eCommerce website at uk.verygoodbutchers.com is solely for the promotion of our products in the UK.

5. Our Products

5.1

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. The packaging of the product may vary from that shown in images on our website.

5.2

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

5.3

If you have an allergy, you are responsible for checking our packaging and website to ensure that a product does not contain an allergen relevant to you. Our packaging contains details of all allergens which may be contained in our products, but please note that our products may contain allergens including cereals containing gluten (wheat, rye, barley and oats), soybeans, nuts, celery, mustard, sesame, sulphur dioxide and sulphites.

5.4

We promise to you that any product purchased from us through our website will conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied at the time of delivery.

5.5

Our products are manufactured in Canada and imported to the UK. Our importer of record is Peter Green Chilled, Leighton Lane, Evercreech, Nr. Shepton Mallet, Somerset BA4 6LQ.

6. Delivery of the products

6.1

The costs of delivery will be as displayed to you on our website and as set out in our Order Confirmation.

6.2

During the order process we will let you know when we will provide the products to you. Once your Order has shipped you will also receive an email from us with tracking information.

6.3

It is your responsibility to ensure that you have given us the correct address and any special delivery instructions. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we may try again the day after and/or leave your products on your designated safe place at our discretion. If we have left your products in your safe place, or another place deemed safe by our delivery driver, and they are stolen or damaged, we do not accept any liability, but may offer you a refund or other compensation at our complete discretion.

6.4

If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

6.5

The products will be your responsibility from the time we deliver the product to the address you gave us.

6.6

Unfortunately, we do not currently ship to Northern Ireland.

7.0 Your rights to cancel

7.1

After placing your order for the products, you have a right to cancel an order with us if you notify us before we have dispatched your order. Please see ‘How to end the contract with us’ at clause 12.

8.0 Price and payment

8.1

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

8.2

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of where we have already sent you an Order Confirmation.

8.3

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

8.4

Payment for all products must be by credit or debit card and we require payment before we dispatch the products. We use Shopify to carry out and process your payments.

9.0 Your right of return and refund

9.1

As our products contain fresh and perishable food, you are not entitled to the usual 14 day cooling-off period to return goods simply because you have changed your mind. This is because our products are food and is likely to deteriorate, and our products have a ‘best before’ date. Regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, includes an exemption 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 rights where products are defective as set out below.

9.2

If the products are defective or not as described, you have a right to cancel your contract with us. As a consumer, you have legal rights in relation to products that are defective or misdescribed. If the products we deliver to you are defective or not as described on our website, you should contact us as soon as possible to notify us of any defect or misdescription. We ask that you contact us within 3 days of you receiving the products to notify us of an issue with the products, together with photographic evidence of the defect or misdescribed product.

9.3

If in our reasonable opinion we agree that a product is defective or misdescribed we will offer you the choice of either an exchange or a refund of the full price of the product.

9.4

We will refund you within 14 days after the day on which, (whichever is the earlier):

• a) the day we receive the product(s) back from you;
• b) the day on which you provide us with acceptable evidence that you have sent the product(s) back to us; or
• c) the day on which you provide us with acceptable evidence that the product(s) is defective or misdescribed and we have agreed for you to dispose of the product(s) safely.

9.5

We will refund you with the method used by you to pay for the products, including delivery costs.

10. Our rights to make changes to these terms

10.1

We have the right to revise and amend these terms 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.

10.2

If we revise and amend these terms so as to alter the main characteristics of a product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. information required to be provided to you by applicable laws and regulations, such revisions and amendments will not be effective unless you expressly notify us of your agreement to them.

10.3

Subject to clause 2, you will be subject to these terms and the policies referenced in these terms in force at the time you order products from us, unless any change to these terms or those policies 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 these terms or those policies before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven days of receipt by you of the products).

11. Your rights to end the Contract

11.1

If you are ending the Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

• a) we have told you about an upcoming change to the product or these terms which you do not agree to;
• b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
• c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
• d) you have a legal right to end the contract because of something we have done wrong.

12. How to end the contract with us

12.1

To end the Contract with us, please email us at hello@verygoodbutchers.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

13. Our rights to end the contract

13.1

We may end the Contract at any time by writing to you if:

• a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
• b) you do not, within a reasonable time, allow us to deliver the products to you;

13.2

If we end the Contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided.

14. If there is a problem with the product

14.1

If you have any questions or complaints about the products, please contact us. You can write to us at hello@verygoodbutchers.com or at 2748 Rupert Street, Vancouver, British Columbia, Canada V5M 3T7 Attention: Customer Service.

15. Our liability for loss or damage suffered by you

15.1

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We shall only be liable to you for the purchase price of the products.

15.2

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987.

15.3

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. Risk and title

16.1

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including any delivery charges.

17. Events outside our control

17.1

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.

18. How we may use your personal information

18.1

We will only use your personal information as set out in our Privacy Policy which can be found here: https://www.verygoodbutcher.shop/pages/privacy-policy.

19. Other important terms

19.1

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for products not provided.

19.2

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.3

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

19.4

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.5

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19.6

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.