1. BACKGROUND TO THESE TERMS AND CONDITIONS
1.1 Please read these terms carefully. Please review these Terms and Conditions carefully and make sure that you understand them before using the Website and/or placing an Order.
1.2 Legally binding. These Terms and Conditions constitute a legally binding agreement between you and JULIENNE BRUNO LTD.
1.3 Acceptance. By accessing this Website and/or placing an Order, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you are not permitted to use the Website nor place any Order, and you should cease using the Website immediately.
1.4 Consumers only. The Products and other services offered via the customer-facing portions of this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms and Conditions, you promise to us that you are a consumer and not acting in the course of a business.
1.5 Availability. Julienne Bruno may change or discontinue the availability of the Website and/or any Product(s) at any time without prior notice.
When we use certain capitalised words in these Terms and Conditions, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. You will be able to spot definitions by looking out for terms that look like this: (“Defined Term”).
2.1 “Account” means your Julienne Bruno account, which is created when you register with us by completing the registration process on the Website.
2.2 “Listing” means a summary on the Website of a Product containing, without limitation, an image of the Product, a description of the Product and a statement of the then-current price of the Product.
2.3 “Order” means your order for the purchase of Product(s) that you place via the Website. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition.
2.4 “Product” means any product offered for sale by Julienne Bruno via the Website from time to time.
2.5 “Terms and Conditions” means the terms and conditions set out on this page.
2.6 “Website” means www.juliennebruno.com (including its subdomains), and any other associated interfaces, applications or website owned or operated by or for Julienne Bruno from time to time.
3. INFORMATION ABOUT JULIENNE BRUNO AND OUR CONTACT DETAILS
3.1 Who we are. We are JULIENNE BRUNO LTD, a company incorporated and registered in England with company number 13073157 whose registered office is at 20-22 Wenlock Road, London N1 7GU, England. In these Terms and Conditions, “Julienne Bruno”, “we”, “our” and “us” are all references to JULIENNE BRUNO LTD.
3.2 How to contact us. You can contact Julienne Bruno by writing to: HELLO@JULIENNEBRUNO.COM.
3.3 How we may contact you. If we have to contact you, we may do so by email to the address you provided when you went through the checkout process on the Website or that is registered on your Account from time to time.
4.1 Account creation. Although you can use the Website and/or go through the Order process as a guest, you may choose to register for an Account. In that case, you will have to provide certain information about yourself as prompted during the Account registration process on the Website.
4.2 Accurate and up-to-date information. If you do create an Account, all the registration information you submit should be truthful and accurate. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
4.3 What to do if you want to delete your Account. You can delete your Account at any time, for any reason, by contacting us.
4.4 You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including your username and your password). Accordingly, you are responsible for all activities that occur under your Account.
4.5 Unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account, or any other breach of its security.
6. YOUR CONDUCT
6.1 No harmful material. By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains viruses, ‘Trojan horses’, ‘worms’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
6.2 Keep your details confidential. You agree and undertake to keep your username and password for your Account confidential, not to disclose your password to any other person and not to permit any other person to log in to the Website using your username and password.
6.3 No interference. You agree not to interfere with the servers or networks connected to the Website, or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
6.4 Other restrictions. You also agree not to:
(a) attempt to reverse-engineer or sell, export, license, modify, copy, distribute or transmit any portion of the Website to any third-party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(b) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(c) impersonate any other person while using the Website;
(d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(e) resell or export the software associated with the Website;
(f) use the Website to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
In providing you with access to the Website, publishing Listings and permitting you to place Orders for Products via the Website, Julienne Bruno reserves the following rights, and in accessing, browsing or otherwise using the Website and/or placing any Order via the Website, you grant to Julienne Bruno and agree that Julienne Bruno shall have the following rights:
(a) the right to refuse or withdraw your access to the Website in accordance with applicable laws (with or without notice) if we judge that you to have violated or breached any part of these Terms and Conditions;
(b) the right to remove or amend any Listing without giving you notice or any reason;
(c) the right to cancel any Order, or amend in part any Order, save that in such circumstances Julienne Bruno shall refund such part of the Order as has been cancelled by it;
(d) the right to amend or update the Website, availability of any Products, description of any Products, prices of any Products and available payment methods from time to time; and
(e) the right to report you to the police or other judicial body if Julienne Bruno believes in its sole and absolute discretion that your conduct (whether in using the Website, placing an Order for any Products or otherwise) is or may be unlawful.
8. INTELLECTUAL PROPERTY
8.1 Licence. Subject to these Terms and Conditions (in particular, the restrictions outlined in Section 7 above), Julienne Bruno grants you a licence to use and access the Website on the basis that this licence is:
(a) not a commercial licence – you can only access and use the Website for your own personal, non-commercial uses (i.e. not for your business);
(b) non-transferable – you can’t pass this right to someone else;
(c) non-exclusive – other people can access and use the Website;
(d) revocable – we have the right to remove your ability to use the Website; and
(e) limited – the licence does not extend beyond what has just been described above.
8.2 Ownership. Julienne Bruno and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
8.3 Termination of licence. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us under Section 8.1 above. Julienne Bruno reserves the right to terminate the limited licence without notice at any time, following an unauthorised use by you of the Website.
8.4 All rights reserved. All trademarks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Julienne Bruno’s property or the property of certain other third-parties. You are not permitted to use these Marks without Julienne Bruno’s prior written consent or the consent of such third-party as may own the relevant Marks.
9. PLACING AN ORDER
9.1 Ordering via the Website. We operate the Website as an e-commerce platform on which Listings may be posted by us for various Products. These Products are made available for purchase by you, and Julienne Bruno allows you to:
(a) place Orders to pay for Product(s) through the Website; and
(b) have the relevant Product(s) delivered to the shipping address you specify.
9.2 When is an Order confirmed? An Order is confirmed when we send you an Order confirmation email to that effect. We will send you that Order confirmation email to the email address associated with your Account or, if you checkout as a ‘guest’, to the email address you entered during the checkout process.
9.3 Incorporation of these Terms and Conditions. Your placing of any Order, and your purchasing of any Product(s), is governed and conditioned by these Terms and Conditions.
9.4 Products may vary from their pictures and description. Julienne Bruno aims to use the Listings to give you the information you need to know about the essential characteristics of the Products. Although we try to make sure they are as faithful as possible to the real thing, any images displayed in the Listings are for illustrative purposes only – given the digital method of presentation, it is possible that your perception may not exactly match the relevant Product itself.
9.5 Availability. We are a UK-based business, and as such we ensure that the Products we make available comply with applicable UK laws and regulations (including food safety rules). We only ship to UK addresses. As such, you are not allowed to place an Order unless you are shipping that Order to a UK address.
10.1 You authorise us to charge your payment method. By submitting an Order and providing us with your payment details at checkout, you authorise Julienne Bruno (acting by its payment processor) to charge the relevant payment method to take payment for your Order. Julienne Bruno will not be responsible for any losses you may suffer if the payment method you use to pay for an Order does not have sufficient funds to cover all costs of that Order.
10.2 When do we take payment for an Order? When you place an Order, we ‘pre-authorise’ payment of the amount of your Order value. We will process the transaction and take payment for that Order once your Order has been placed. If the Products you Ordered are not in stock and the Order is not confirmed, we will not process the transaction, the pre-authorisation will be cancelled and we will not take any payment for that Order.
10.3 Prices. All prices for Products shown in Listings are denominated in the currency that Julienne Bruno determines to be your local currency (calculated by reference to a base price in GBP (£)). All prices include applicable sales taxes at the rate that is in force from time to time.
11.1 Subscription Orders. We may from time to time make some of our Products available on a subscription basis, i.e. the relevant Product(s) will be delivered to you at regular intervals.
11.2 Payments for subscriptions. By placing an Order on a subscription basis, you acknowledge and agree that we (acting by its payment processor) will charge the relevant payment method at regular intervals prior to each individual shipment.
11.3 Auto-renewal and cancellation. By placing an Order on a subscription basis, you acknowledge and agree that the relevant subscription will renew automatically at the end of each relevant interval (e.g. weekly or bi-weekly), until and unless you cancel the subscription prior to that date. You can cancel any subscription at any time by logging into your Account, clicking ‘Subscriptions’, selecting the Product(s) you want to edit and make the relevant changes. Please note that any subscription must be cancelled at least 48 hours prior to the estimated delivery date.
12.1 Prices in Listings exclude delivery charges or import taxes. The prices shown on Listings for Products do not include delivery charges, unless otherwise stated at checkout. The prices shown on Listings for Products do not include import taxes and any other similar customs duties, unless otherwise stated at checkout.
12.2 Delivery estimates are not binding. Where you choose to have them delivered to you, the Products you order will be delivered by us using a third-party delivery service. Please note that any estimated delivery dates displayed on the Website or in any Order confirmation email are simply estimates – they do not represent a guarantee that the Products will arrive by that date.
12.3 Orders delivered outside the UK. We do not currently deliver Products outside of the UK.
13. RETURNS AND FAULTY PRODUCTS
13.1 Returns. All of our Products are food products with a set shelf life and are liable to deteriorate or expire rapidly. As such, we do not accept returns, in line with applicable laws.
13.2 Faulty Products. The Products sold to you must be as described, fit for purpose and of satisfactory quality. This means that, having regard to the expected lifespan of the Product you ordered, you are entitled to a full refund if a Product you received is faulty. If you believe that you have received a faulty Product, please contact us and we will make things right. If we reasonably determine that the Product is faulty, we will refund the purchase price for the relevant Product to the same payment method used for the relevant Order.
13.3 No commercial use. Orders which are used for commercial purposes and subsequently returned are actively monitored. Julienne Bruno reserves the right to refuse to serve any person suspected of undertaking this activity for future Orders.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 Changes to these Terms and Conditions. We may from time to time make changes to these Terms and Conditions. If we do so, we will:
(a) post those changes in an updated version of these Terms and Conditions on the Website; and
(b) where we consider the changes will materially or adversely affect you or your rights, notify you of such changes via email.
14.2 Which Terms and Conditions apply to an Order? The Terms and Conditions that will apply to your purchase of any Products will be those that are in force at the time you place your Order.
15. OUR LIABILITY
15.1 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms and Conditions or failing to act with reasonable care and skill. Loss or damage is “foreseeable” if it is either obvious that it will happen or if, at the time these Terms and Conditions are entered into, both we and you knew it might happen.
15.2 What we do not exclude. Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) your rights described in Section 13; or
(d) any other liability that cannot be excluded or limited by English law.
15.3 We are not liable for business losses. This Website and the Products are only 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.
15.4 We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of our obligations under these Terms and Conditions 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 Terms and Conditions may be performed despite the Force Majeure Event.
15.5 We are not liable for Product unavailability. In case of unavailability of Products before or after you place an Order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
15.6 Website provided “as is”. Julienne Bruno provides the Website “as is”. This means that, to the fullest extent that we are permitted to do so, we disclaims any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable laws. We do not guarantee the provision and/or availability of the Website.
16.1 Disputes. These Terms and Conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English courts.
16.2 We are not responsible for other websites or platforms we link to. The Website may contain links to other websites or platforms which are not provided by us. Such services are not under our control, and we are not responsible for, and have not checked and approved, their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent services.
16.3 Feedback and Complaints. If you have any complaints about the Website, any Order or any Product(s) that you have purchased, please contact us and include all relevant details (including an Order number, where relevant). We will do our very best to address your complaint and resolve it as quickly as possible.
16.4 Nobody else has any rights under these Terms and Conditions. All aspects of these Terms and Conditions are between you and Julienne Bruno, and no other person shall have any rights to enforce any of its Terms and Conditions.
16.5 Headings and interpretation. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
16.6 Even if we delay enforcing our rights under these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, 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.
16.7 If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
16.8 Julienne Bruno may transfer its rights under these Terms and Conditions to someone else. Julienne Bruno may transfer its rights and obligations under these Terms and Conditions to another organisation – for example, this could include another member of Julienne Bruno’s group of companies or someone who buys its business. Julienne Bruno will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms and Conditions.
16.9 Personal agreement. The agreement formed under Terms and Conditions is personal to you, and you cannot transfer any of your rights under them to any other person without our prior express written consent.
16.10 Email counts as “in writing”. When we use the words “in writing” or “written” in these Terms and Conditions, this includes emails. For contractual purposes, you: (a) consent to receiving communications from us by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing.