Important Health Information
Mamamade may provide health information from time to time solely as a convenience. No particular dietary, medical, physiological or health advice or result is offered, promised or guaranteed. By purchasing from Mamamade, You acknowledge that Mamamade makes no express or implied statements, representations, claims, or guarantees for any specific dietary or health-related results.
If your child has any medical condition, including a food allergy, you must obtain the approval of your child's GP, Health Visitor or Nutritionist/Dietician prior to starting a programme.
Disclosures About Ingredients, Allergens and Nutrition
We create foods and meals to help meet the general health and nutrition needs of children during various stages of development. Our meals are created in collaboration with professionals and arrive properly portioned for the child. All packaging includes ingredient information and You also may find the nutrition information on our Site.
Our food is made only in sanitary, commercial food kitchens that do not handle peanuts, tree nuts, shellfish, dairy, eggs, fish, meat, wheat or soya.Mamamade Products may nevertheless include ingredients to which your child is allergic so always check the complete ingredients list on our Website prior to serving. If you suspect that your child may be allergic or has an allergic reaction or is having some other adverse health event, immediately contact your GP or call 999 in the event of a medical emergency.
1.2 We operate the website www.mamamadefood.com (the “Website”).
1.3 This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”) listed on our Site via one of our subscription services (“Services”). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
1.4 These Terms and Conditions were most recently updated on 16 December 2020 and apply to sales to consumers.
1.5 If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
1.6 You should print a copy of these terms and conditions for future reference.
1.7 Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
2. SERVICE AVAILABILITY
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.2 you are at least 18 years old;
3.3 you are a resident in one of the Serviced Countries; and
3.4 you are accessing our site from that country.
4. PURCHASE CONTRACT
4.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. Mamamade may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Mamamade reasonably could act. To terminate your authorisation or change your payment method email firstname.lastname@example.org or follow the instructions on our Website.
4.3 By subscribing to Mamamade you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. This is subject to variation in accordance with clause 4.5 below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4.4 Cancelling your subscription is easy. You just need to go to your account area on our Website and follow these steps (this must be arranged by midnight on the Monday of that week's delivery):
1. Log in on the Mamamade Website;
2. Click on Your Account Settings;
3. Click the small edit box under Subscription Info;
4. Click on 'cancel my subscription' at the bottom of the page;
4.5. Follow the steps to deactivate or cancel.
4.6 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
5. OUR PRODUCTS
5.2 You are responsible for opening and inspecting the meals upon delivery and storing them correctly in the freezer. You are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
5.3 Our packaging and Website include details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you.
5.4 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact us at email@example.com.
5.5 We offer our Products at different prices depending on the number of meals selected and we offer various plans. The price of these plans are dependent on when you first signed up to receive our Products. Please see our Website to view the most recent deals and offers.
6. VOUCHERS AND GIFT CARDS
6.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
6.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
6.4 Vouchers may only be redeemed through our Website and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
6.5 Any discounts attached to Vouchers apply to the price of the Products ordered only.
6.6 Vouchers (including credits to your accounts are not available for use in connection with surcharge items, premium items or extras. We reserve the right to exclude the use of Voucher codes on specific products.
6.7 We reserve the right to exclude the use of Voucher codes on specific products, including (but not limited to) Vouchers linked to regular Mamamade subscription Services cannot be used on promotional boxes. Vouchers will not be applied in conjunction with any existing account credits.
6.8 We reserve the right to cancel Vouchers at any time. We also reserve the right to reject Voucher codes if we suspect any fraud.
7. CONSUMER RIGHTS
1. Go to My Orders on the menu to the left of your Website;
2. Choose the subscription you'd like to deactivate and click it;
3. Select the edit button at the top of My Subscriptions;
4. Click on 'deactivate my subscription';
5. Follow the steps to deactivate online, which must be completed by midnight on the Tuesday the week before your delivery.
7.1.1 If you wish to cancel your subscription prior to receiving your first box, please contact customer care at: firstname.lastname@example.org prior to 11:59pm on the Monday the week of your delivery. You are not able to cancel your first box via our online services.
7.2 As our Products contain frozen and perishable food, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, 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 right to cancel your subscription in line with the details set out above.
8. AVAILABILITY AND DELIVERY
8.2 Delivery windows stated on our Website or via Email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your box at any point on the day of delivery set out in the dispatch confirmation.
8.3 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
8.4 The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
8.5 The courier company may try to contact you on the telephone so that delivery can take place. The delivery driver will use the telephone number associated with your account, which may also be printed on the delivery label.
8.6 Mamamade’s obligation to deliver the box shall be fulfilled once the courier delivers the box at the safe spot specified by you or the box is considered safe by the courier.
8.7 If the personal handover of the box is not possible and no leave safe is available Mamamade may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
8.8 The customer will be notified of such delivery to a neighbour by delivery notice or via email.
If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance
8.9 Mamamade will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
Mamamade reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
9. RISK AND TITLE
9.2 You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Mamamade is not obliged to review the safe spot as to its general suitability.
9.3 Refusal of the box does not negate the charge for the Services. Mamamade will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
10. PRICE AND PAYMENT
10.2 All subsequent orders will be the same cost unless a change is made to the subscription by the customer e.g. change of box type.
10.3 In all Service Countries Product prices include VAT where applicable.
10.4 Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.5 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard, Amex and PayPal.
10.7 Payment is processed the morning after the deadline (e.g. for a cut-off on Monday at 23:59 payment for the order will be processed Tuesday morning).
10.8 If payment for your order is unsuccessful Mamamade will re-attempt payment through the recurring payment method.
10.8.2 It is your responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.
10.9 If our third-party payment provider has new card details (e.g. your previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on your subscription.
11. OUR REFUNDS POLICY
13. OUR LIABILITY
13.2 Nothing in this agreement excludes or limits our liability for:
13.2.1 Death or personal injury caused by our negligence;
13.2.2 Fraud or fraudulent misrepresentation;
13.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
13.2.4 Defective products under the Consumer Protection Act 1987; or
13.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. WRITTEN COMMUNICATIONS
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.2 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.
16.3 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.
17. INTELLECTUAL PROPERTY RIGHTS
17.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
17.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
18. EVENTS OUTSIDE OUR CONTROL
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1 Strikes, lock-outs or other industrial action;
18.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5 Impossibility of the use of public or private telecommunications networks; and
18.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
21. ENTIRE AGREEMENT
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.2 You will be subject to the policies and terms and conditions in force at the time that you order Products 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 Dispatch 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 seven working days of receipt by you of the Products).