Sainsbury’s Food to Order Terms and Conditions
Please read these Terms and Conditions carefully as they represent the Terms and Conditions between you and Sainsbury’s for the use of our Sainsbury’s Food to order Service and the use of food-to-order.sainsburys.co.uk (the “Website”). You are permitted to use the Service and Website solely on the basis of these Terms and Conditions. If you do not agree to these you may not use this Service or our Website.
Sainsbury’s reserves the right, at our absolute discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes.
THIS IS AN AGREEMENT BETWEEN YOU AND SAINSBURY’S SUPERMARKETS LTD (“Sainsbury’s”). If you have any queries relating to these Terms and Conditions, please contact our Customer Care Team on 0330 123 1129 or visit our online help pages.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.
1. Use of the Sainsbury’s Food to order service
1.1 You may order items from our Sainsbury’s Food to order Service (“Sainsbury’s Food to order”) and use our Website without registration. You are authorised to view and download our Website for your personal, non-commercial use only.
1.2 Sainsbury’s reserves the right at any time without notice or liability to:
- Decline a new customer order at any time and at our sole discretion;
- In our absolute discretion, to terminate your access to all or part of the services with or without notice including changing the availability or any feature or content;
- In our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice;
- Change the website or delete facilities in any way, at any time and for any reason.
- Cancel orders if, due to unforeseeable circumstances, for example severe weather conditions, we are unable to deliver ordered goods to our stores.
1.3 Sainsbury’s cannot guarantee that the Website will be fault free or that it will meet your requirements. Please report any website faults calling our help centre at 03301231129.
2. Ordering and Information Security
2.1 To purchase goods from our Sainsbury’s Food to order service you must be over eighteen years of age and a UK resident. You must give us your real name, address, email address and any other details that we may require to process your order. You must advise us immediately if you believe or suspect that any passwords or security information provided by you are compromised.
2.2 We will never contact you and ask you to reveal your security details nor will we ask anyone else to do so on our behalf. Any such request is likely to be fraudulent and you should report it to us immediately. You can contact our Careline on 03301231129.
2.3 We may check your order details to ensure they are correct and may cancel your order if we suspect or believe that you have deliberately provided incorrect information.
2.4 If you order online, you may access your order details by clicking the link in your order acknowledgement email.
2.5 From time to time we may contact you in accordance with your Sainsbury’s marketing preferences.
2.6 You have the right to change your Marketing preferences clicking ‘unsubscribe’ when you receive the next Marketing email from Sainsbury’s.
3.1 All items offered on our Sainsbury’s Food to order website or in our Sainsbury’s Food to order brochure are subject to availability. If for any reason beyond our reasonable control we are unable to supply a particular item or service, we will not be liable to you except to ensure you are not charged for that item. In the event that we are unable to supply the goods or service, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4. Bulk purchase
4.1 To ensure availability of all our goods, customers may purchase a maximum of 30 items of the same product description per order. We may apply other maximum order limits where stock is limited or demand is expected to be high. If you would like to purchase more than 30 items of the same product description please contact our Help Centre on 03301231129 and we will do our best to help.
5. Supply of goods ordered and alternative goods
5.1 Transactions involving alcohol may only be made during normal licensing hours. Products containing alcohol may only be collected by customers aged 18 or over. We reserve the right not to supply products containing alcohol to anyone who is or who appears to be under 18.
5.2 Food goods are supplied at the temperature appropriate to that food.
5.3 Goods are subject to availability and prevailing conditions. If any goods you wish to purchase are not available, Sainsbury&nbqt;s will let you know.
5.4 Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on the Website or in our brochure are correct at the time when the information was inputted onto the system, the information may not reflect the exact position at the moment you place an order. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.
6. Purchase for non-domestic use
6.1 We have selected our goods and services on the basis that they will be used for domestic and personal use only. Where you decide to use the goods in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose or satisfactory quality. We accept no liability for business losses, lost data, lost profits or business interruption.
7. Pricing, descriptions and product information
7.1 The prices which you must pay for the goods or services that you order are set out in our Sainsbury’s Food to order brochure and on the Sainsbury’s Food to order Website at the time you place your order. Our brochure and Website contain a large number of products and it is always possible that, despite our best efforts, some of the goods or services listed may be incorrectly priced. If the correct price is higher than the price stated, we are under no obligation to supply the goods or services to you at this price and will inform you as soon as possible to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
7.2 The prices quoted on this Website apply only to goods and services sold via this Website.
7.3 Items ordered from the Sainsbury’s Food to order brochure and the Sainsbury’s Food to order area of this Website will not be delivered. Ordered items must be collected from your nominated Sainsbury’s store on your nominated collection day. All collection slots are subject to availability.
7.4 All prices are shown in £s sterling and include VAT where applicable.
7.5 Although we take all reasonable care to ensure that all descriptions and details of goods appearing on our Website and brochure are correct at the time when the information was inputted onto the system, the information appearing on our Website at any time may not reflect the exact position at the moment you place an order.
8. Placing an order and order acceptance
8.1 The Sainsbury’s Food to order brochure and Website will advise the delivery lead times for each product. Where your order contains several items, the longest lead time will apply.
8.2 During the online order process you will have the opportunity to view your order in your basket before submitting it. You will see the items you have ordered and the total price for your order. These details will be confirmed in your Order Acknowledgement.
8.3 When you complete an order in store or on the Sainsbury’s Food to order Website we will acknowledge your order. The Order Acknowledgement and order number is not an order acceptance from us. Acceptance of your order and the completion of the contract between you and us will, unless we have notified you that we do not accept your order or you have cancelled it in accordance with these terms and conditions, take place when your order is available for collection on your nominated collection day. If you ordered online, please bring your Order Acknowledgement email and order number with you when you collect your order. If you ordered in-store, please bring your receipt, or, if you have given us your email address, your order acknowledgement with you when you collect your order.
8.4 Should you wish to collect different orders on different days or at different times you will need to complete separate orders.
8.5 All orders must be paid for at the time of ordering. We regret that no refunds can be given if you do not collect your order on your nominated collection date.
9.1 We will require immediate payment when you order goods from Sainsbury’s Food to order. If you do not collect your order on your nominated collection date then your payment will be forfeited.
9.2 Online payment may be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. If you order in-store, please pay for your Sainsbury’s Food to order order at the designated till. Any other purchases must be paid for at our checkouts in the normal way.
9.3 To ensure your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency.
9.4 Nectar points cannot be used as payment.
9.5 Sainsbury’s gift vouchers and gift cards may be used in store as payment. They may not be used for payment online.
9.6 Coupons issued at store tills are not redeemable against your order.
10. Collection of your order
10.1 Sainsbury’s Food to order orders must be collected and will not be delivered. They cannot be added to or delivered with any online grocery order you may have placed with us.
10.2 Ordered items must be collected from your nominated collection store on your nominated collection date. We will make every reasonable effort to keep your order until 10pm (or until the store closes, whichever is earlier) on your nominated collection date and if you do not collect it before this time your order will be cancelled and your payment forfeited.
10.3 Sainsbury’s Food to order ordering and collection is available at participating stores only.
10.4 Sainsbury’s Food to order may only be collected at the store nominated by you and not at any other store.
10.5 Sainsbury’s Food to order orders may be collected from our Delicatessen Counter or any other place designated by us. See in store for details.
10.6 You must not use an item that is damaged or different to the item you ordered. If you use such goods you will be deemed to have accepted them and you will be unable to return them because they are damaged or different to your order. Your statutory rights are not affected.
11. Cancellation, returns and refunds from Sainsbury’s Food to order (on food-to-order.sainsburys.co.uk and instore)
11.1 The last date for cancelling orders will be stated on your order confirmation. Orders placed in store may only be cancelled in store. Online orders may only be cancelled online and may not be cancelled in store.
11.2 If you cancel your order, any refund due will be made using the same payment method used by you when placing your order. Any refund to your payment card will be credited to your account within 5 days.
11.3 Our refund policy does not apply to orders from the Sainsbury’s Food to order Service and goods may not be returned unless they are faulty or of poor quality. The right to cancel your online order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to goods which are liable to deteriorate or expire rapidly. In the unlikely event that your order is faulty or of poor quality please return the items to our in store Customer Services or ring our Careline on 03301231129.
11.4 Please check all products against your order acknowledgment to confirm that your order is complete. Please refer to the Best Before or Use By dates on packaging and store all items as instructed on packaging.
11.5 Your statutory rights are not affected.
12. Nectar points
12.1 We regret that Nectar points are not currently issued for orders placed on Sainsbury’s Food to order (food-to-order.sainsburys.co.uk).
13. E-vouchers and promotions
13.1 Sainsbury’s vouchers, are, and remain at all times the property of Sainsbury’s Supermarkets Ltd. The right to use a voucher is personal to the original or named recipient and may not be transferred without permission. It may not be copied, reproduced or published either directly or indirectly. Vouchers distributed or circulated without our prior written approval are not valid and may be refused or cancelled. If you redeem or attempt to redeem a voucher to which you are not entitled you may be committing an offence.
13.2 Sainsbury’s reserves the right to cancel or withdraw any voucher or promotion at any time without notice and without reason.
13.3 Unless otherwise stated a voucher may be used only by the named recipient, it may only be used as stated on the voucher and not in conjunction with any other offer or voucher. Vouchers cannot be exchanged for cash, gift vouchers, delivery charges (except where stated) or for a whole order.
13.4 We regret that Colleague Discount does not currently apply to orders placed on Sainsbury’s Food to order.
14. Intellectual property
14.1 The content of the Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission.
15.1 This Website and the Retail Sites and any software are provided on an &nbqt;AS IS&nbqt; basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
16. Our Liability
16.1 We warrant to you that any goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied provided that such purposes are domestic. Where you decide to use the goods in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
16.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased.
16.3 This does not include or limit in any way our liability:
- (a) For death or personal injury caused by our negligence;
- (b) Under section 2(3) of the Consumer Protection Act 1987;
- (c) For fraud or fraudulent misrepresentation; or
- (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:
- (a) Loss of income or revenue;
- (b) Loss of business;
- (c) Loss of profits or contracts;
- (d) Loss of anticipated savings; or
- (e) Loss of data.
provided that this clause 16.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 16.1 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 16.4.
16.5 Although we will take all reasonable care to ensure that all descriptions and details of goods appearing on our Website are correct at the time when the information was inputted onto the system, the information appearing on our Website at any time may not reflect the exact position at the moment you place an order.
16.6 Please be aware that the colours and appearance of the goods may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the goods on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible. Serving dishes, decorations, or any other items are not included unless otherwise stated.
17. Events outside our control
17.1 Sainsbury’s will not be liable for or responsible for any failure to perform or delay in performance that is caused by events outside our reasonable control (Force Majeure event).
18. Written communications
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.1 All notices given by you to us must be given to Sainsbury’s by sending us an email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
19.2 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. Transfer of Rights and Obligations
20.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21.1 If we fail, at any time, to insist upon strict performance of any of your obligations or any of these terms and conditions, or if we fail to exercise any of the rights and remedies to which we are entitled to, this shall not constitute a waiver or such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
22.2 This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.
23. Our right to vary these terms and conditions
23.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system&nbqt;s capabilities.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order goods or services from us, unless any change to those policies or these terms and conditions 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 those policies or these terms and conditions 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 and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the goods).
24. Updates to these terms and conditions
24.1 We reserve the right to update our Terms and Conditions in line with changes to business needs and Distance Selling Regulations, as and when required.
26. Company details
26.1. This Website is owned by and operated by Sainsbury’s Supermarkets Ltd.
Registered address: Sainsbury’s Supermarkets Ltd., 33 Holborn, London, EC1N 2HT.
Registered number 261722 England.
VAT number 660 4548 36.
26.2. Sainsbury’s Argos is a trading name of both:
- 1. Argos Limited, Registered office: 489-499 Avebury Boulevard, Milton Keynes, United Kingdom, MK9 2NW, registered number: 01081551 (England and Wales); and
- 2. Sainsbury’s Supermarkets Limited, Registered office: 33 Holborn, London, EC1N 2HT, registered number: 03261722 (England and Wales).
26.3. All companies listed above are subsidiaries of J Sainsbury plc (185647)