Terms and Conditions

WELCOME TO MAD POTATO AND THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE, EMAIL, OR THROUGH THIS WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.

By placing an order with us by telephone, email, or online, you agree to the terms of this Agreement (the “Agreement”) which shall cover the terms of our deliveries to you and your use of our website. This Agreement is between you and Mad Potato Ltd (the “Company” or “Mad Potato”) that states the terms and conditions under which you may use the Site and receive deliveries from us. All Mad Potato  is the owner of the following trademarks: Mad Potato, www.madpotato.co.uk, and the Mad Potato logo. This Agreement is binding on you whether you purchase from us via the telephone, email, or our website.

Our website and mobile app are only intended for use by people resident on mainland England, Scotland and Wales. We are unable to accept orders from people resident in any other countries.

Your Personal Details

You will need to register with us to order our products. You will also need to enter certain details during the “checkout” process.

You will be asked to enter information such as your name, age, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.

To ensure that your credit, debit or charge card is not being used without your consent and to verify that you are over 18 years of age (see our “Age Restrictions” section below) we carry out certain identity, credit and fraud checks, including validating the name, age and address and other personal information that you give to us during our registration and “checkout” process. We will use certain third party databases to do so (for example, Experian, Equifax and the IMRG Security Alert scheme). We reserve the right to change our checks from time to time.

If any problems arise from these checks, we will attempt to contact you (using the contact details you have provided) to discuss this and request additional proof of age, identity or other information to be sent to Customer Services via email (for example, photo ID such as a driving licence or passport). We reserve the right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.

We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our privacy policy.

You are responsible for keeping confidential your username, password and any other information relevant to your access to our website or mobile app.

OUR DELIVERY SERVICE

When you place an order, we use all reasonable efforts to deliver to you at the time of your choosing or by 5:00 pm on the day of your arrival. Once you place your order by telephone, email, or online, we will act as bailee for the ordered products. You can modify an existing order at any time up until the order leaves the store by calling our customer service number at 01224046143. Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time.

We will do our best to deliver your order to you in accordance with your booked delivery date and timeslot. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery timeslot and date.

We will deliver to the address specified by you when you register with us. If you need to change your delivery address, by emailing us at mad@madpotato.co.uk. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we will always make this clear to you during our “checkout” process. Any restrictions on deliveries of this type will not affect any existing orders.

It is your responsibility to ensure that someone is available at your delivery address at all times during your booked timeslot. We may require someone to sign for your order on delivery. That person must also satisfy all of our proof of age requirements (see our “Age Restrictions” section above).

 If nobody is at home when we attempt delivery, or the person at home is unable to satisfy our identification requirements or age requirements, we will try to contact you by telephone. If we cannot do so, we will try to contact you to rearrange the delivery.

For reasons of security and food safety, we will not leave your order unattended at your address. We will not normally agree to leave your order with anyone at another address (for example, a neighbour). If we do agree to do so in exceptional cases, this is done at your own risk and we will not be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

If your order is returned because we failed to deliver it to your delivery address within your booked timeslot, where we manage to make contact with you and agree a revised delivery date and timeslot, we will redeliver your order to you at no additional cost.

f you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

Products are sold by us subject to availability and prevailing market conditions. We may limit the quantities of products (particularly those on special offer) delivered to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. If we do so, or if products you order are not available to us, we may offer a reasonable substitute. We will identify each substitute item to you on delivery and give you the opportunity to accept or reject each one at that time. If you reject a substitute we will not charge you for it and will return it at our own cost. If you accept a substitute this may affect the price you pay for your order.

PRICE AND AVAILABILITY

All of our product prices are inclusive of VAT

From time to time, products you order may be unavailable. If we are unable to fulfill your entire order, we will make every reasonable effort to substitute the closest product.

In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title, or interest you may have in the products.

Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. The Company assumes no responsibility for such information.

The price of the products and our delivery charges will normally be as quoted on our website or mobile app (whichever you are using) as at the time you use them. There are some exceptions to this position however, as set out below.

We stock a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than our stated price, we will notify you when we deliver that product to you and you can choose whether you want to accept or reject the relevant product. If you reject the product we will not charge you for it and will return it at our own cost. If you accept it, we will charge the correct price.

 Where products are sold individually by weight (such as certain fresh meat, poultry, fish, cheese, fruit or vegetables) the price of these products will be expressed in an approximative weight on the site. We will not go under the stated weight but might be slightly above.  

If you amend your order after you have placed it with us, you will be charged as set out below.

If you add a new product which was not in your original order and which is not sold individually by weight we will charge the price stated to you for that product at the time you amend your order.

If you add more of a product that was in your original order, and that product is not sold individually by weight, we will charge the price stated to you for that product at the time you placed your original order.

Please also note that as discounts, offers and vouchers are available only for a limited period of time, any discount, offer or voucher which applied when you placed your original order may have expired and in that case will no longer apply if you make a later amendment to add more or new products. (See our “Discounts and Offers” section and our Voucher Terms and Conditions here for more details).

PAYMENT

We accept only credit/debit cards.  In the event your card is declined, we reserve the right to collect funds for any uncollected transactions owed us should a payment made via credit card be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including but not limited to solicitor’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

Discounts and Offers

We may offer discounts and offers from time to time at our discretion, for example “Buy One Get One Free” offers or meal deals. All discounts and offers are subject to the relevant products being available to us and in stock when we pick your order for delivery. We reserve the right to amend or terminate any discount or offer at any time without notice.

Discounts and offers will normally be made in the form of codes to be used against your order with us. Only one code can be used per order, and cannot be used in conjunction with any other discount or offer. All such codes are case sensitive.

We will always stipulate an expiry date for a discount or offer, which may be linked to the date of acceptance or delivery of an order. In such cases, to qualify your order must be accepted or delivered before the relevant expiry date.

Cancellation, Refunds, and Returns Policy

Meaning of “perishable products”

For the purposes of these terms and conditions, a “perishable” product, is any product which has a “use by”, “best before” or “BBE” date stamped on the product which expires 6 weeks or less from the date of delivery.

You may amend or cancel your order before the cut-off time we provide to you for doing so.

You may not cancel your order of perishable products after this cut-off time except where you reject them for being defective, unwanted substitutes or in certain circumstances where the price has increased or we have made a pricing error. Should you wish to cancel your whole order after this cut-off time, we may charge you for the full price of the perishable products contained in your order.

If you want to cancel your order of non-perishable products in whole or in part after this cut-off time, you must notify us via email at mad@madpotato.co.uk

If you have not yet paid for such cancelled non-perishable products, then we will simply not charge you for them. If we have taken payment for it, we will give you a full refund of the price you paid for the cancelled products and any applicable standard delivery charges. We will process the refund due to you within 14 days from the date we receive the returned non-perishable goods or from the date you provide us with proof that the non-perishable products have been returned to us (whichever is earlier).

COPYRIGHT AND OWNERSHIP

All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Mad Potato Ltd. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that Mad Potato Ltd and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Mad Potato reserves the right to revoke your use of the Site.

TRADEMARKS

Mad Potato, madpotato.co.uk, the Mad Potato logo, graphics, trademarks, and/or trade dress of Mad Potato are proprietary to Mad Potato Ltd and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or our service.

YOUR PERSONAL INFORMATION

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your credit card. You agree and accept responsibility for keeping all your account information current, including name, credit card information, telephone number, and e-mail address. You can update your information anytime that you place an order. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us. You will comply with all laws applicable to your activities on the Site and with this Agreement.

When our order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and is protected with encryption software.

You will need to enter certain details during the “checkout” process.

You will be asked to enter information such as your name, age, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.

You are responsible for keeping confidential your username, password and any other information relevant to your access to our website or mobile app.

General

Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).

Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.

We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. The European Commission provides for an online dispute resolution platform which you can access here: European Commission Online Dispute Resolution. If you have a complaint, or would like to bring a matter to our attention, please contact our Customer Services team in the first instance.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

You expressly agree that use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.

Neither the company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet

About us

We operate madpotato.co.uk and online groceries store. Our legal name is Mad Potato Ltd and we are registered in Scotland, company number SC678384. 

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