Terms Content~
Terms and Conditions of PurchasePlease read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made on this web site.
To register with and shop with Zimland.com you must be eighteen years of age or over.
These Terms and Conditions were most recently updated on 6th December 2005.
1 PURCHASE CONTRACT1.1 This web site is operated by Zimland.com ("we", "us" or "our"). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not, in any way, be re-sold or otherwise circulated without our prior written consent.
1.3 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the email. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
1.5 The law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order.
2 PRICE AND DELIVERY CHARGES2.1a The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s)at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.1b Where items are ordered and sold individually by weight (such as certain fresh meat, cheese or fruit and vegetables) the price of these items will be the price on the date that they are picked for you. Although we have an indicative weight guide on the website, the price you will be charged is the price for the actual weight you receive.
3 METHODS OF PAYMENT3.1 Payment may be made by debit, credit or charge card and all major credit cards, individual and some business account cards. You cannot pay for your order by cash or cheque. 3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. This is done by 'reserving' £1 against the card you have used for payment. That £1 is not spent by you until we 'debit' your card with the full cost of your order, and the latter happens after we have delivered your shopping to you. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage.
3.4 You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4 DELIVERY4.1 Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the "My Account Details" feature on the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute.
4.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within the period advised and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery period. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.
5 DEFECTIVE GOODS5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS6.1In respect of non-perishable items, you have the right to cancel the contract up to 7 working days following the delivery of the goods by notifying us by telephone or e-mail. In the case perishable items you do not have the right to cancel the contract. Should you wish to cancel your order we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery.
6.2 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given. (provided payment has already been debited to your payment card)
7 WARRANTY AND LIABILITY7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights.
7.2 In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8 PRIVACY8.1 To help us ensure the best possible service some telephone calls will be recorded.
8.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
8.3 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. Our full privacy policy.
8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you.
9 CUSTOMER COMPLAINTS9.1 Any Customer complaints should be addressed to the Zimland Customer Service Helpline, the e-mail address and telephone numbers of which are listed on our website in "Contact Us".
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11 GENERAL11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders through Zimland.com, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute, which may arise between them.
Zimland.com is operated by Zimland Investments of 27 Chapel Ash, Wolverhampton, WV3 0TZ.
Terms & ConditionsVouchers Updated 1st November 2005Make savings on your groceries by using Vouchers. Vouchers are sent to you as a customer or a potential customer of Zimland Limited by post or by email or made available on selected affiliate websites. They entitle you to a saving off your shopping ("the Voucher"). Each Voucher will explain the saving and how it works. They are activated either by entering codes into the checkout section of the Zimland website towards the end of your shop or by handing a paper Voucher to the customer services member who delivers your shopping. It will be clear from each Voucher whether it is for use in paper form or by entering a code when you shop.
What type of Vouchers are there? Money off your shop VouchersEntitles you to money off your total shop. The Voucher will state the amount that will be deducted from your bill, how much you need to spend in order to get money off (if applicable), Voucher codes, in which order to use them and the Voucher expiry date. Where the Voucher does not state a minimum spend, you must spend a minimum of £75 to be entitled to redeem your Voucher. The order total, which you must reach to qualify for the offer, is inclusive of VAT,but generally exclusive of any delivery charge and central London charge (if applicable).
Product specific VouchersEntitles you to money off particular products. The Voucher will state which product or products it applies to, the saving you make, the Voucher codes, and the Voucher expiry date. Products are subject to availability, while stocks last. If the product for which you have a Voucher is not available and we deliver a substitute the Voucher cannot be used again or against the price of the substitute.
How do I use the Vouchers? You can activate the E-Vouchers by placing an order and entering the correct code appearing on your Voucher at the checkout stage of your order process. You can use the paper Vouchers by handing them to the customer services member who delivers your shopping.
Follow the Voucher instructionsRemember you must follow the instructions on your Voucher. In the case of E-Vouchers you must use the codes in the correct order. If you get it wrong you will receive an automatic message telling you which error has occurred. If you get an error message please check the Voucher instructions and try again.
What are the applicable time periods to the Vouchers? Each Voucher should state when it is valid from and when it expires and you must place your order during this time. For example, the Voucher may expire 8 weeks from the date you PLACE your first order, or 8 weeks from the date you RECEIVE your first order, or by a specified date. The Voucher and/or Voucher code will expire automatically on the expiry date stated on the Voucher. If no expiry date is detailed on the Voucher, the Voucher will expire at midnight on the 1 April 2006.
Are there any circumstances where the offer cannot be used? - The Vouchers only apply to goods purchased on the Zimland.com website, and may not be used at any other internet site, including any website of Waitrose or the John Lewis Partnership. It may not be used at any retail outlet or store whatsoever.
- The Vouchers may not be used by any Zimland employee.
- The Vouchers cannot be combined with each other (unless otherwise indicated) but can be combined with general product promotional offers appearing to all customers on the Zimland website.
- The Vouchers cannot be applied to past orders made with Zimland and cannot be backdated or redeemed for cash.
- Each Voucher code may be used only once per household at any one delivery address.
- Zimland reserves the right to withdraw or terminate any of its Vouchers at any time, either as a whole or for specific delivery areas. If this happens, then the Vouchers may not be used for any orders placed after the date of withdrawal or termination. Zimland reserves the right to reject the use of a Voucher where fraud is suspected.
Will all customers receive the same offer?Zimland may from time to time run different customer offers or Vouchers, with different terms (including amounts, types and expiry dates). Zimland reserves the right to limit the applicability of any particular offer to specific regions or delivery areas. Different offers and Vouchers may be run simultaneously
Terms & ConditionsRecommend a friend ("RaF")Recommend our service to a friend and get a £5 voucher to spend with us
If you find our service helpful, why not help some friends by introducing them to Zimland.
You can recommend our service to as many friends as you like and you will receive a £5 Zimland voucher by email after each of them receives their first shop from Zimland. In order to use your £5 RaF Voucher you need to spend £75 or more with us (excluding any delivery or central London charge)
By recommending your friends in this way they will each receive by email a £15 RaF Voucher off their first Zimland shop (provided they spend £75 or more excluding any delivery or central London charge) if they register and shop following your recommendation. Their RaF Voucher can only be redeemed against their first shop.
Your friends must register and shop using the email address to which you sent your RaF email to. This is how you and Zimland are able to track whether or not your friends take up your recommendation to shop with Zimland. If your friends use a different email address you will not be entitled to receive the £5 Raf Voucher.
Your friends must be new customers to Zimland for you both to benefit from this RaF promotion.
If your friends have not placed their first order and received their first shop by the time this RaF promotion ends then neither your nor your friends will be entitled to receive the Vouchers under this RaF promotion.
Please note that our general Discount Offer and Vouchers terms and conditions apply to all RaF Vouchers issued under this member get member scheme.
Zimland employees will not be able to use any RaF Vouchers issued under this promotion.
This RaF promotion will end on 31 December 2006
Terms & ConditionsThe Zimland Customer Challenge Zimland is a revolutionary new reliable online grocery service. The benefits of shopping with Zimland include: - Waitrose quality groceries delivered to your door;
- Delivery in convenient one-hour slots
- Free delivery for orders of £75 or more (a saving of £5)
- Online access to hundreds of offers on Waitrose groceries
- Helpful, friendly and professional customer service delivery team
- A service that can actually deliver what you order
We are so sure that we can deliver what we promise that we are challenging selective Customers, to put us to the test. If, for whatever reason, we fail to keep our promise to you we will offer you an apology, of course, and a little something extra.
The Challenges - selected customers will be invited to take part in some or all of these promotions by either radio, direct mail or email
Delivery Challenge (customers selected by radio4, direct mail or email)
If we deliver your groceries late1, even 1 second over your booked delivery slot, we will give you a £5 Zimland shopping voucher off your next shop.
Substitution Challenge2 (customers selected by radio4, direct mail or email) If we are unable to deliver what you ordered and we offer you a substitute that substitute will be free of charge. You don't need to do anything you will see from your receipt that the item has not been charged to you.
Missing Items Challenge2 (customers selected by radio4, direct mail or email) If we are unable to deliver what you ordered and we do not offer you a substitute you would of course expect not to be charged for the missing item. We will do far more - we will pay you an amount equal to the cost of the missing item (by credit to the card you used to pay for your groceries3). This is subject to our Fair Use policy described below.
The Small PrintWill all Customers receive this same Challenge promotion? Zimland runs different customer discount offers and promotions at different times in different parts of our delivery area, some of which are exclusively designed for specific customer groups. Please note that promotions are restricted to selected Customers only – for example a new customer might be invited to take part in the delivery challenge and the missing items challenge but not the substation challenge. Keep an eye out for other promotions and special offers that apply to you.
Do I need to do anything to benefit from this Challenge? Just have your Zimland shopping delivered within 6 weeks of registering with us. We will do the rest!
How many times can a Customer use the Challenge promotions applicable to them?
The applicable promotion(s) apply to all orders placed by the selected Customer within the time period notified during the registration process.
Sometimes for unforeseen reasons we may need to cancel or reschedule your order - in which cases the challenges do not apply to the original order.
1. The time of delivery is defined as the time when our delivery van arrives outside your address. We realise that not all people's watches are set to exactly the same time so, to avoid any misunderstanding, our Customer Service Team Member driving the van will ordinarily write down the time of arrival on his/her delivery route as taken from the van's satellite navigation system. This offer will be invalidated if you are not contactable at your delivery address during your booked delivery slot.
2. Our Fair Use policy: The Substitution and Missing Items Challenge does not apply to items that are shown as out of stock at the time you place or amend your order. Also, unfortunately, we need to protect ourselves from fraud and deliberate abuse. Therefore, this promotion is subject to a maximum of £10 of free substitutions or credit for missing items per order except in special circumstances agreed by our Customer Service Team.
3. In order for the credit to be made, Zimland must have received payment for your groceries. If your credit or debit card issuer declines payment for any reason then this offer will be invalidated.
4. Customers selected by radio means new customers who have not registered with Zimland prior to the broadcast of the applicable radio campaign and have not shopped with Zimland before that date.
Terms & ConditionsZimland Loyalty SchemeThe Scheme - selected customers will be invited to take part in some or all of these promotions by either radio, direct mail, email or message on the homepage of their Zimland account.
Loyalty programme oneCustomers who place and have delivered 3 orders between 1st & 31st August 2005 will receive a free gift of their choosing from our 'Free Gift Basket One'.
Once your first 2 orders (except your final qualifying order) have been delivered to you, you will be able to choose your free gift and add it to your shopping basket for your final qualifying order. Please note that if you place multiple orders at one time, it is only when each order is actually delivered to you that your details will show you are one step closer to your free gift.
You choose and receive your free gift by adding it to you shopping trolley and the price will be shown as £0.00
In order to receive your free gift you must follow instructions on screen and only add your free gift from the correct link. You will be prompted to add your free gift at checkout or by our "let us reward you" icon.
If you add your free gift from the general shopping aisles a charge will be made - please make sure you add your free gift from the correct place as we may not be able to reverse any charge made to you.
Loyalty programme two Customers who place and have delivered 2 orders between 1st & 31st August 2005 will receive a free gift of their choosing from our 'Free Gift Basket two'.
Once your first order (except your final qualifying order) has been delivered to you, you will be able to choose your free gift and add it to your shopping basket for your final qualifying order. Please note that if you place multiple orders at one time, it is only when each order is actually delivered to you that 0your details will show you are one step closer to your free gift.
You choose and receive your free gift by adding it to you shopping trolley and the price will be shown as £0.00
In order to receive your free gift you must follow instructions on screen and only add your free gift from the correct link. You will be prompted to add your free gift at checkout or by our "let us reward you" icon.
If you add your free gift from the general shopping aisles a charge will be made - please make sure you add your free gift from the correct place as we may not be able to reverse any charge made to you.
Frequently asked questionsWill all Customers belong to the same Loyalty Programme? Zimland runs different customer discount offers and promotions at different times in different parts of our delivery area, some of which are exclusively designed for specific customer groups. Please note that promotions are restricted to selected Customers only. Keep an eye out for other promotions and special offers that apply to you.
Who decides if a Customer is a member of any part of the Loyalty Scheme? Can I do anything to ensure I belong to the Loyalty Scheme or any part of it? Do I automatically become a member of the Loyalty Scheme? No, we choose who is entered into which Loyalty Scheme and the rules that apply to it.
Can I belong to more than one Loyalty Programme at any one time? No, unfortunately not. However, you may find that we invite you to belong to another Loyalty Scheme after the previous one has ended.
End of scheme and small printAll Loyalty Schemes will end on their relevant expiry date and any orders delivered on or after that date shall not be taken into account when ascertaining if you are entitled to your free gift.
Sometimes for unforeseen reasons we may need to cancel you order - in which case you will be treated as if you did receive your order on the date and at the time you originally chose. If you cancel your order for whatever reason we will not treat you as having received your order for the purposes of the Loyalty Scheme.
Although we will make every effort to ensure that none of our free gifts are out of stock, please note our free gifts are subject to availability.
Fair Use policy: If you have one or more outstanding payments due to Zimland at the time you would ordinarily be entitled under the Loyalty Scheme to add your free gift then we may remove you from the Loyalty Scheme and you will not be entitled to a free gift.
You are entitled to benefit from the Loyalty Scheme in conjunction with any other offer, discount or competition being run by us at the same time - unless otherwise stated on that other offer, discount or competition.
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