Terms & Conditions
General
These Terms and Conditions together with our privacy policy give you information about us and the legal terms and conditions on which you access and use the website and upon which we sell any of the products (“Products”) listed on our website to you (“Terms”).
By using our website you are agreeing to be bound by the Terms. If you do not agree to any of the Terms you should not use our website nor buy any Products.
We may amend the Terms from time to time and your continued use of the Site or purchase of any Products shall be deemed to be your acceptance of any such changes. These Terms were most recently updated on 1st April 2022.
Information about us
“We, us our” means Elena Cove trading as Miza and this is who operates the website https://mizafoods.com (the “Site”).
“You or your” means the person accessing the Site or purchasing Products through the Site.
Contacting us
Via email: makeitmiza@gmail.com
Via post: Lower Floor Flat, 99a Regents Park Road, London, NW1 8UR.
Contacting you
If you have given us your email or telephone when ordering we may contact you using those methods about your order.
Sale of Products
The following terms will apply to the sale of Products to you. Before placing an order you will be asked to agree to these terms. [ac1] If you do not agree you will not be able to order any Products.
These terms apply to you as a consumer. They do not apply if you are acting as a trade customer whether or not you are registered with us as a trade customer.
Our Products
1. Our Products are currently made in small batches and are subject to availability, and because of seasonality differences and potential differences in production method, we cannot guarantee that our sauce colours will accurately reflect the colours seen on the Site. Products may vary slightly because of small batch production, but our flavours will always remain consistent.
2. A use-by date will be provided on each product. Please only use Products within their use by date.
3. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 2% tolerance.
4. The packaging of the Product may vary from that shown on images on our Site.
5. We reserve the right to change or withdraw Products offered by us at any time without notice.
IMPORTANT ALLERGEN INFORMATION
6. Our Products are made in a manufacturing site which handles other allergens, therefore we cannot guarantee any Product is free from any allergen, even if it is not listed on the ingredient list.
7. Our labels state when allergens are present in any of the ingredient lists. It is the customer’s responsibility to check the ingredient list to check for any allergens they wish to avoid.
8. If you are not sure, please contact makeitmiza@gmail.com for further information.
Ordering Products, Payment and Delivery
9. We only sell Products within the UK and we can only deliver to mainland UK (excluding some remote areas).
10. Our shopping pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process.
11. The prices of the Products are as quoted on our Site at the time you submit your order.
12. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13. The price of a Product does not include delivery charges. Our delivery charges will be advised to you during the check-out process, before you confirm your order.
14. We use YODEL, with a standard delivery rate is £3.95.
15. You can pay using a debit card or credit card. We accept all major credit and debit cards. When you give us your credit or debit card details you are confirming that you are either the cardholder, or that you have permission from the card holder to use the card to order from us.
16. All payments are managed securely by Cargo, our trusted third party payment provider.
Order Processing and Delivery
18. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (“dispatch confirmation”).
19. The contract between us will only be formed when we send you the dispatch confirmation. You are entitled to amend your order after it has been placed but before the dispatch confirmation is sent. If you wish to amend your order please e-mail makeitmiza@gmail.com.
20. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
21. We aim to ship your order within a week or two of your payment (because of the pre-order nature, there is a delay). Please note that there will be a limited stock available online, as we are focusing on selling our sauces in stores.
22. If no one is available at your address to take delivery, the delivery driver may attempt to leave it in a safe place or with a neighbour. If this is not possible, a card will be left with details of any rescheduled delivery date (if applicable) or alternatively how to collect or rearrange your delivery. Should any order be returned to us and you made no attempt to contact us or the courier regarding delivery, we will be entitled to charge a standard delivery charge to re-send the order.
23. Delivery of an order shall be completed when we deliver the products to the address you gave and the products will be your responsibility from that time.
24. We do not accept any responsibility for delayed or failed delivery of a product which results from your failure to provide correct address information. If a product is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs (and administration fees and taxes, if applicable) before we re-deliver the Product.
Discounts, vouchers and promotions
25. Online vouchers may be sent to you if you opt in for correspondence via email. You will be given a unique voucher code which you can use at checkout. Please check your voucher expiry dates as they do have a time limit. If there is a minimum spend for the voucher to apply, the minimum spend amount must be in addition to any promotions, multi-buys or other discounted items. Each voucher code may be used only once per household. If a discount voucher code takes the order below the minimum order value threshold you will need to add additional Products to your basket to reach this threshold.
26. Any promotions, discounts or vouchers (“offers”) are single use only and not to be used in conjunction with any other offer unless otherwise stated.
27. We may from time to time run different offers, with different terms (including amounts, types and expiry dates). We reserve the right to limit the applicability of any particular offers to specific regions or delivery areas. Different offers may be run simultaneously but cannot be used in combination with each other unless explicitly allowed.
28. We reserve the right to reject the use of an offer where fraud or breach of these terms is suspected
Returns and refunds
29. Please note that as our Products contain 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 28(1)(c) of the Consumer Contracts (Information, Cancellation 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.
30. If you are not 100% satisfied with any Product we want to know. Please email us at nuju.elena@gmail.com with the details of the issue and we will try to resolve the situation.
Our liability
31. If we fail to comply with these Terms or we act negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. The maximum amount we are liable for is the cost of the Products plus any relevant delivery charges.
32. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
33. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as set out in the conformity provisions above; and for defective products under the Consumer Protection Act 1987.
34. We are not liable for business losses. We only supply the Goods to Consumers 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, loss of business opportunity or any other business losses (except for any liability to you where it would be unlawful to exclude or limit it).
Written communications
35. 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 Site. 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.
Notices
36. All notices given by you to us must be given to Elena Cove trading as Miza and should be sent via email to makeitmiza@gmail.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately, 24 hours after an e-mail is sent, or two 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.
Intellectual property rights
37. We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
38. 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.
39. If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions.
Law and Jurisdiction
40. Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
