OUR TERMS & CONDITIONS

1. THESE TERMS

  • 1.1.These are the terms and conditions (“Terms”) on which we supply products to you (including both goods and services) and will be applicable to all and any orders or subscriptions placed with us.
  • 1.2.By placing an order with us you are agreeing to these Terms.
  • 1.3.Please read these terms carefully before you submit any order to us.

2. ABOUT US

  • 2.1.We are Brihaspati LTD (trading as ‘Holy’) and are a limited company registered and incorporated in England and Wales under company number 13264737. Our registered office is 8 Canter Way, E1 8PS, London, United Kingdom, (referred to as “Holy”, “us”, “we”, throughout these terms and conditions).

2.2. How we may contact you

If you have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide when setting up your account [OR when placing an order with us].

2.3.All references to “writing” or ‘written’ in these Terms include communications by email.

3. VARIATION

3.1.Holy has the absolute right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our operation or technological capabilities.

4. SERVICE AVAILABILITY

4.1.All services provided and products sold by Holy are only intended for people residing in the United Kingdom (“the Service Area”). Holy will not generally accept orders from individuals outside the Service Area but may do so at its sole and absolute discretion in certain instances.

5. ALLERGEN INFORMATION AND HEALTH

  • 5.1. All our food may contain traces of allergens. Unfortunately, we are not able to cater to any customers with food allergies (including any that may result in anaphylactic shock), severe food intolerances or insulin dependent diabetics.
  • 5.2. If you have any allergies, intolerances or specific dietary requirements please contact us for specific advice about whether we can cater for your dietary requirements. If you do have any such conditions and use our services, you do so at your own risk.
  • 5.3. We strongly recommend that you seek medical advice before starting any of our available meal plans especially if you have any conditions which may affect your dietary requirements; for example, it is generally accepted that: being under 18, being pregnant, breastfeeding and/or being underweight may have an impact upon an individual’s dietary requirements.
  • 5.4. The information provided by Holy is not to be taken as medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on our website or other Holy publications, including social media posts or bulletins. This includes any advice that Holy may provide to you by email, over the telephone or in person.

6. OUR CONTRACT WITH YOU

  • 6.1.Our acceptance of your order will only take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • 6.2.If we are unable to accept your order, we will inform you of this in writing and will refund you any charge taken automatically for the product(s) ordered. We may be unable to accept your order for the following reasons (which are examples only and without limitation): because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  • 6.3.We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

7. OUR PRODUCTS

  • 7.1. Products may vary slightly from their pictures
  • The images of the products on our website are for illustrative purposes only, and your product may vary in appearance slightly from those images.
  • 7.2. Product packaging may vary
  • The packaging of the product may vary from that shown in images on our website.
  • 7.3.Ingredients may vary
  • Holy has the sole and absolute right to change any meals (whether by individual order or subscription) at our discretion at any point. The meals are designed to use seasonal ingredients and occasionally these might not be available as anticipated within meal plans, substitute meals might therefore be provided.

8. ORDERS

8.1 Orders can be placed with us by signing up through our website [www.eatholy.co.uk] and following the links in the ‘Order’ section. At the time you sign up or place orders with us we will ask you for some personal information which will then be held by us in accordance with our Privacy Policy (which is available here – insert hyperlink).

8.2.Details of how we will take payment from you is to be found below.

9. PAYMENT

  • 9.1 We accept Visa debit & credit cards, Master Card, Paypal.
  • 9.2 Your card will be charged in advance for the full value of the initial subscription period or the total order. Payment details must be received through the online secure payment solution provider via our website or by telephoning our office.
  • 9.3 We reserve the right to amend or refuse the sale if the payment received is not correct and in accordance with our current published pricing structure. Before your subscription expires, we shall endeavour to contact you to discuss renewal. If you wish to renew your subscription, we shall again require full payment in advance for subsequent subscription periods. If we are not able to contact you before your subscription expires, we will assume that you do not wish to renew the subscription until otherwise advised by you.
  • 9.4 Please note that prices may alter, and that we reserve the right to change prices without prior notice by amending our advertised price list. This will not affect any subscriptions already paid for in advance.

10. CANCELLATION AND REFUNDS

  • 10.1.If you wish to cancel your order or subscription, please let us know as soon as possible. Please email info@eatholy.co.uk. The minimum term for a subscription is fourteen days.
  • 10.1.1. You can cancel your ongoing Holy subscription at any time after the minimum term of two giving 7 days’ notice.
  • 10.2. If you notify us at least seven (7) days before your order was due to be delivered or your subscription was due to start, we will cancel your order or subscription and refund you the full amount paid by you less an administration charge to cover credit card charges and our internal administration costs.
  • 10.3. If you notify us that you intend to cancel your order or subscription within seven (7) days of entering in to a contract with us and products have already been delivered to you, we will cancel your order or subscription and refund you the full amount paid by you less the price of products already delivered to you at that date, the price of products which we have already prepared for the following days’ scheduled order at the time of your cancellation request and an administration charge to cover credit card charges and our internal administration costs. The administration charge will vary based on the payment provider you have selected.
  • 10.4. For requests to cancel your order after the notice period, once deliveries have been scheduled to start, we will endeavour to be flexible and consider your request at our discretion. Where ingredients have already been purchased or other expenditure incurred (such as credit card, banking, administration or courier charges), we reserve the right to make reasonable allowance for this in any refund that we may agree to make.
  • 10.5 If you are unhappy with any products provided for legitimate reasons (i.e., missing items within an order of meal plan) you must notify us within 24 hours of scheduled delivery. We may provide a refund or other compensation as appropriate at our sole discretion.
  • 10.6 Any refunds will be made within thirty (30) days from the date on which your order or subscription is cancelled.
  • 10.7 If you cancel before the two weeks term, and if possible, we will strive to do our best to be flexible, and if we decide to approve a refund we will do so minus administration charges and the discount received for subscribing.

11. DELIVERIES

  • 11.1.Delivery is free unless otherwise specified on the order page.
  • 11.2. Our service is not available outside of the Service Area unless specifically agreed at the point of order.
  • 11.3. We can deliver to an address other than the billing address if this is clearly indicated in the relevant order.
  • 11.4. If you require us to access secure parts of your home or building in order to deliver products, please notify us of this at the time of placing your order so that we may liaise with you and attempt to find the available means of delivery that would best suit you. Please keep us up to date with any changes that might affect our ability to deliver to you. If we cannot access your building because of changes that we have not been notified of, we will attempt to contact you to make other arrangements. If we are unable to deliver in such circumstances, we reserve the right to charge you for that attempted delivery.
  • 11.5 We shall not be liable for any non-delivery, even if it is our fault, unless you notify us by email by 23:59 on the due day. Any liability for non-delivery shall be limited to replacing the ordered products within a reasonable time or issuing a credit note to you for that day/the value of the order.

12. TITLE

  • 12.1. Any and all responsibility for products you have ordered will be yours from the time we deliver the products to the address or designated location you have provided. We accept no responsibility for the theft or damage of a product that occurs after delivery. Please contact Holy as soon as you suspect the product has been lost, stolen or damaged – each case will be treated individually, and the determination will be in Holy’s sole and absolute discretion.
  • 12.2. Ownership of products will pass to you upon delivery (in accordance with Section 12.1 above) provided that payment for the corresponding order has been received in full.

13. HANDLING

  • 13.1. Preparation, cooking and re-heating instructions are accessible via QR codes on our packages, and these instructions must be followed closely.
  • 13.2. Similarly, any and all accompanying instructions for storing our products must be followed closely; for example, chilled products should be put in refrigerators upon receipt of delivery.

14. PRIVACY

  • 14.1. Holy shall be entitled to process your data in accordance with the terms of our Privacy Policy. You can find full details of Holy’s Privacy Policy.

15. OFFERS AND VOUCHERS

  • 15.1 Offers and/or vouchers must be used on their own and cannot be used in conjunction with any other offer and/or voucher.
  • 15.2 Offers and vouchers are to be redeemed through our customer service team or via our website where indicated.
  • 15.3 The value of any offers and /or vouchers cannot be exchanged for cash and must be used during the period for which they are stated to be valid, if any such period is so stated.
  • 15.4 In the event that Holy runs any promotional competitions the prizes of these competitions will not be transferable.

16. GENERAL PROVISIONS

  • 16.1. We shall not be liable for any delay or failure to perform any of our obligations under these terms and conditions due to any cause beyond our reasonable control, including but limited to: industrial action, instances of civil unrest, extreme weather conditions or acts of terrorism.
  • 16.2. The waiver by us of any breach or default of these conditions shall not be construed as a continued waiver of that breach, nor as a waiver of any subsequent breach of the same or any other provision.
  • 16.3. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

17. LIMITATION OF LIABILITY

  • 17.1. Nothing in these Terms shall:
  • 17.1.1. restrict our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation; or
  • 17.1.2. affect your statutory rights if you are transacting as a consumer within the definition of the Consumer Rights Act 2015.
  • 17.2. Subject to the above paragraph, our entire liability shall be capped at the sums already paid by you to us for our services during the relevant subscription period. In no event shall we be held liable to you for any special, indirect or consequential damages, loss of profits or goodwill.

18. LAW AND JURISDICTION

  • 18.1. These Terms and the subsequent contractual relationship between Holy and any other party shall be governed by and interpreted in accordance with the laws of England and Wales.
  • 18.2. Each party irrevocably submits to the exclusive jurisdictions of the courts of England and Wales over any claim or matter arising under or in connection with these Terms.

19. ENTIRE AGREEMENT

  • 19.1.These Terms, together with the documents referred to herein, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
  • 19.2. You acknowledge and agree that in entering any transaction governed by these Terms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.

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