At The Ojos Foods, our aim is to give you the best experience. Please ensure that you have read the following terms and conditions carefully before using our services. They set out what you can expect from us and the terms on which you agree to be bound as and when you place your order.

1. Becoming a customer

1.1 To place an order with us, you must be over 18 years of age, require delivery in our area and have a credit or debit card acceptable to us in your name.

1.2 We reserve the right to decline any order or to suspend your Account with us at our discretion.

1.3 Our Terms and Conditions will apply when you place your order.

2. Your Account

2.1 If you wish, you may set up an online account with us to make each visit to our website easier. If you do this, you will be given a username and a password to use each time you place an order with us.

2.2 You are responsible for all activity on your account. You should ensure that your username and password are known only to you and that access to your computer is restricted to prevent any unauthorised use of your account. You must inform us immediately if you believe your password has become known to anybody else or has been or may be used in an unauthorised manner.

2.3 Please ensure that the information you provide us with is correct and up to date and notify us as soon as possible of any changes.

2.4 Please ensure that you have read our statement on our privacy policy.

3. Contract

3.1 This website is operated by The Ojos Foods LTD. Once you have placed an order on the website, we will confirm your order by sending an email to the email address you have provided. This email will list all products you have ordered, the price and delivery details. This is not an acceptance by us. A legally binding contract will only arise once we have completed delivery of the goods to you.

3.2 If you have entered an incorrect email address and receive no email purchase confirmation and/or any other details are incorrect then the responsibility is on you to contact us to amend your details and we cannot be held responsible for the entering of incorrect information or your email service provider spam filtration.

4. Amending or cancelling the contract

4.1 The confirmation email we send will set out the latest time that you may amend or cancel your order, generally before the order has been shipped.

4.2 Should you wish to cancel your order before the order has been shipped, we may charge you in full for an amount equal to the value or your order, including any delivery cost. This is because for some items, we order them in advance.

4.3 Any cancellation request must be sent to us by email, via the contact us page, prior to the order being shipped and we will do our upmost to find a satisfactory solution.

4.4 Where you order goods that are unavailable for any reason, we shall notify you and we will either send a replacement product with your order with agreement from you, or organise a full refund or a voucher within two working days again with your agreement.

5. Price and Delivery Charges

5.1 The price of the goods will be as quoted on the website at the time you confirm your order by clicking “Checkout” and will be inclusive of VAT (if applicable) or any other tax and, subject to paragraphs 5.2 and 6 below, delivery.

5.2 The delivery charge applying to your order shall be set out at the time you checkout. A delivery charge of £7.99 shall be applied to all orders. We offer free shipping for order over £75 just by entering code “FREESHIPPING75”

5.3 If you amend your order within 72 hours of delivery to increase the quantity of items already ordered, the price charged for the additional items will be the price quoted at the time you made the original order. If, however, you are adding new items to your order, the price charged will be the price quoted at the time you amend the order. The delivery charge shall be amended and applied in accordance with paragraph 5.2.

5.4 We will debit the total cost of your order, including any delivery charge or packaging cost that may be applied, from your debit or credit card at the time you place your order.

5.5 Items are priced by weight/unit. Generally, the products sold are within plus/minus 10% of the suggested weight at checkout.

6. Delivery

6.1 We will always aim to deliver your order for the following day of the time you place your order (guaranteed next day delivery when you place an order between Monday-Thursday before 1pm) if we have your desired product in stock.

6.2 If you would like to collect your order from our Dunstable Office, please contact us and instructions can be provided.

6.3 If nobody is available at the primary delivery address (nominated by you at the time you place your order) to take delivery of the order, we will leave notification of the delivery instead either to the secondary delivery address or secure place (nominated by you at the time you place your order).

6.4 Our deliveries are made with “no signature required”. If nobody is available to take delivery of your order at either your primary or secondary delivery address or you ask us to leave your goods unattended at a secure place, The Ojos Foods expressly disclaims all liability that may arise in consequence of the delivery being left unattended, including, without limitation, theft, tampering or contamination, however caused.

6.5 If your delivery is refused or not accepted at a recipient’s address, we cannot take responsibility for this and cannot offer a free replacement box.

6.6 Please note for Ireland and the Scottish Highlands, buyers are advised to contact us to confirm whether we can support deliveries to these areas and quote any relevant charges.

6.7 Orders placed in regions outside of Europe, will not be able to be processed due to custom laws.

7. IF YOU ARE DISSATISFIED

7.1 We are committed to offering you the very best service and the very best produce and we guarantee the quality of all goods and produce you order from us. You must inspect the goods immediately upon delivery and, if you are dissatisfied in any way with either our service or the quality of the goods you receive, let us know promptly in writing via the feedback form in the Contact Us section of the website. Feel free to also include pictures which can be send via the “direct mail” link.

7.2 Complaints in respect of service will be reviewed by our customer services team and we promise to respond to you within 1 working day whenever possible.

7.3 Complaints in respect of the quality of the goods you receive will be forwarded to our quality control team for review. Please therefore retain produce for review, and we promise to respond to you within 1 working day whenever possible with our findings.

7.4 Unfortunately, we are unable to accept the return of any produce delivered to you but, if the goods ordered by you do not meet your reasonable satisfaction, we may, in our absolute discretion, send you a The Ojos Foods voucher or a full refund to the value of the goods that have fallen short of your expectations within 3 working days of a complaint being received.

8. What We Will Not Be Liable For

8.1 We will not be liable for any indirect or consequential loss or damage of loss of profits arising out of our supply or failure to supply the goods to you.

8.2 Nothing in this agreement shall in any way limit our liability for death or personal injury resulting from our breach of contract, tort or negligence nor limit any legal rights you have as a consumer.

8.3 Some of our products may contain traces of nuts and other allergens. We will ensure that the contents of each box are clearly listed on our website, but it is your responsibility to ensure that you have read the information. If you require further information on allergens, please contact us.

8.4 The goods are sold to you on the basis that you are a consumer therefore we will not be liable for any special losses that you might suffer using, distribution or reselling the goods as part of a business.

8.5 We shall not be liable for goods once they have been delivered to the address or secure place stated in your order.

8.6 Our packaging is designed to ensure our produce reaches you in perfect condition, but it is your responsibility to ensure that all perishable goods are refrigerated as soon as possible upon receipt. Further, if you or a third party moves, transports or delivers the goods to any other address following our delivery, we shall not be liable for anything that that third party might do to the goods or any subsequent deterioration in the produce

8.7 Due to the nature of certain artisan products the minimum and maximum weight cannot always be guaranteed. Our products may not always meet the exact criteria within our store. We will not except liability for under or over-weight products, the published price is the unit price. Unfortunately, we cannot guarantee the exact weight of each product sold in each instance.

9. General

9.1 These terms and conditions set out the entire agreement between us. Any failure by us to enforce any of our rights under this agreement shall not prejudice our entitlement to rely on any of our rights in the future.

9.2 We shall not be liable for delays or failures to perform our obligations if that delay of failure arises from events beyond our reasonable control.

9.3 We reserve the right to change our website, policies and terms and conditions at any time, but this shall not affect the terms and conditions prevailing at the time you make a purchase.

9.4 Whilst we take the utmost care to ensure that all product descriptions, images, information and prices are accurate, we do not accept any liability for any inaccuracies, errors or omissions. Colour and shape may vary from those shown on the website.

9.5 This Agreement is governed by the laws or England and Wales and both parties hereby submit to the exclusive jurisdiction of the English courts.

10. Trade Enquiries

10.1 We welcome all trade enquiries at The Ojos Foods, for higher volume or bulk orders please get in-touch via the contact us page for bespoke pricing and delivery solutions