Terms & Conditions

1. ABOUT US

2. ABOUT THESE TERMS AND CONDITIONS

3. HOW TO CONTACT US

4. THEVEGANKIND SUPERMARKET

5. SUBSCRIPTIONS

6. RETURNS POLICY

7. KIND CLUB

8. YOUR ACCOUNT

9. GIFT CARDS

10. YOUR RECIPES

11. LOYALTY PROGRAMMES

12. COMPETITIONS, GIVEAWAYS AND PRIZES

13. BRAND AMBASSADORS AND INFLUENCERS

14. YOUR PERSONAL INFORMATION

15. OUR LIABILITY TO YOU

16. GENERAL WEBSITE USE

17. OTHER GENERAL TERMS

1. ABOUT US

These are the terms and conditions of Lillie SPV Ltd, a company registered in England and Wales under company number 14331003 and having its registered office at One St Peter's Square, Manchester, United Kingdom, M2 3DE and its principal place of business at Herschel House, 8 Ashton Road, Glasgow, G73 1UB ("we", "us", "our", “The Vegan Kind”, “TVK”).

We operate the website ‘thevegankind.com’ and ‘TheVeganKind Supermarket’ app (“Website”).

2. ABOUT THESE TERMS AND CONDITIONS

These are the terms and conditions which apply to your use of our Website, including when you order product(s) from our online supermarket (“Supermarket”) or subscribe to our subscription boxes (“Subscription Boxes”).

These terms and conditions apply to sales to consumers.

If you do not agree to these terms and conditions, you must not use our Website.

Please read these terms and conditions carefully before you use our Website or submit an order to us. You should check these terms and conditions prior to each use or order to ensure that you understand the precise terms and conditions applicable to your visit to our Website or to your purchase.

These terms and conditions were most recently updated on 1 January 2022. You should print a copy of these terms and conditions for future reference.

When we use the words "writing" or "written" in these terms and conditions, this includes emails. When using our Website, you accept that communication with us will be mainly electronic. We will usually contact you by email or provide you with information by posting notices on our Website.

3. HOW TO CONTACT US

Our sales office opening hours are Monday-Friday 9am-4:30pm. If you need to contact us for any reason, please use the following details:

Address

Lillie SPV Ltd

Herschel House

8 Ashton Road

Glasgow

G73 1UB

Email

info@thevegankind.com

Telephone

Customer services: 0141 353 3072

Contact page

Contact Us - TheVeganKind Supermarket

4. THEVEGANKIND SUPERMARKET

4.1. Our Contract with you when you order from our Supermarket

Your submission of an order via our Supermarket constitutes an offer to enter into a contract with us to buy product(s) from us (“Contract”).

All purchases from our Supermarket are governed by these terms and conditions. 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 Supermarket.

After placing an order, the Website may display an order confirmation page and/or you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Subject to our cancellation rights set out below, acceptance of your order and completion of the Contract between us will take place when we dispatch the products to you.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product(s). This might be because, for example, you are located outwith a Serviced Location (see clause 4.2 below), the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product and/or because we are unable to meet a delivery deadline.

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 at Contact Us - TheVeganKind Supermarket about your order.

4.2. Serviced Locations

Please see Where do you ship supermarket orders to? – TheVeganKind (zendesk.com) for more information on those locations from which we can accept orders from, and ship Supermarket products to, including details of any restrictions (“Serviced Locations”).

4.3. Your status

By placing an order through our Supermarket you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old, you are a resident in one of the Serviced Locations, and you are accessing our Website from a Serviced Location.

4.4. Products

The product information provided on our Website has been published in good faith and The Vegan Kind will do its best to ensure that it is accurate. However, occasionally, such information may be incorrect, out of date or incomplete owing to human error or circumstances beyond our control. Where product information is incorrect owing to human error or circumstances beyond our control, The Vegan Kind reserves the right to reject the order insofar as it relates to the affected products or where the order has already been accepted, not to supply the affected products. In such event The Vegan Kind will notify you and will not charge you for affected products.

The images of the products on our Website are for illustrative purposes only. Although we have made efforts to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our Website.

You are responsible for opening and inspecting the products upon delivery and storing them correctly. You are also responsible for any preparation and/or cooking of our products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation and/or cooking of the products.

It is your responsibility for checking the packaging and our Website to ensure that a product does not contain a relevant allergen.

Products are sold by us subject to availability and prevailing market conditions. In the event that a product you order is unavailable we may offer a reasonable substitute or refund to you the amount charged for the unavailable item. In the event that we provide you with a reasonable substitute we will notify you in writing and you will have the opportunity to accept or reject this item upon delivery. In the event that you reject the substitute you may return this to us at no cost and we will refund the value of the product to you. We may be unable to offer a substitute of chilled or frozen products.

You warrant that the products will be used for domestic and private use.

4.5. Price and payment

The price of the product(s) and delivery charges will be the price indicated on the Website when you place your order. The prices include VAT where applicable.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any products provided to you.

We have minimum order requirements as detailed on our Website. We have this in place so we can offer sustainable delivery options and give our customers a high standard and good value delivery.

We currently accept payment for Supermarket purchases by credit or debit card, PayPal, or by valid Gift Cards (please see clause 9 for further conditions which apply to the use of Gift Cards). You must pay for the products at the time of placing the order.

Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our Privacy Policy. The Vegan Kind does not have access to view your full credit or debit card details.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency. You will be liable for any fees or charges incurred due to this referral.

4.6. Providing the products

Delivery

During the order process you will be provided a variety of delivery options and may, in most instances, select the option most suitable. For chilled and frozen products, the delivery option will be selected for you. We may choose to change our method of delivery at any time.

The price of delivery charges will be the price indicated on the Website when you place your order. We are not liable for any customs charges, and you accept that if your product is being shipped internationally you may have to pay such fees before receiving your products, and we accept no liability for customs processes and/or charges.

We will deliver your order to the address specified by you during the order process. You are responsible for providing us with an accurate delivery address and for ensuring that you are available to accept delivery of your order. We will do our best to deliver your order to you to the address specified within the specified timescales subject to any delays outside our control.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us Contact Us - TheVeganKind Supermarket to end the Contract and receive a refund for any products you have paid for but not received.

It is your responsibility to ensure that someone is available at your delivery address to receive your order. If no one is available at your delivery address to take delivery of your order, our couriers may not return your order to a local depot for collection or attempt redelivery. Our couriers are authorised to leave packages containing fresh, chilled or frozen products even if no one is there to accept delivery.

You will need to sign for the order, or you must tell the courier provider to leave it in a safe place/with a neighbour. If you do not designate a safe place or nominate a neighbour, your parcel will be left in the safest place available which might be in public view.

We accept no responsibility for parcels which go missing or are tampered with as a result of you being unavailable to accept delivery and/or if an incorrect delivery address is provided.

In the event that you select an alternative delivery option following submission of your order (i.e. an option offered directly by your courier once the package is in transit for example to leave your order with a neighbour or in a safe place), you do so entirely at your own risk. We do not accept liability for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of chilled or frozen products.

If your order is returned to us because you have not collected it from the depot, we may be able to reship this to you (subject to availability) if you pay for additional postage and packaging costs. If you do not wish your order to be reshipped, we can refund you the cost of the products minus deductions for delivery and administrative costs. If we do not receive a reply from you within 30 days of your order being returned to us, we will automatically refund your order minus deductions for delivery and any administrative, storage and/or packaging costs.

Click and collect

All click and collect orders must be collected by you from our warehouse at Herschel House, 8 Ashton Rd, Rutherglen, Glasgow G73 1UB.

When your order is ready for collection from our warehouse, we will contact you email with confirmation of the date and time slot between which you must collect your order (“Collection Slot”). Please do not make the journey to our warehouse until you have received confirmation from us that the order is ready.

If you fail to collect your order within 5 days of your Collection Slot we will automatically refund your order minus deductions for any administrative, storage and/or packaging costs and the cost of any short life products that have subsequently passed their sell by date by end of the 5 days.

You must provide a valid form of identification and/or your payment card and a copy of your order confirmation upon collection.

You agree and understand that click and collect is only available to those customers who reside within such postcode areas as made known on our Website from time to time.

Frozen/Chilled Products

If you have invited us to send frozen/chilled products to you, you agree that you do so in the knowledge of the possibility that the products may be delayed in transit and/or may travel in conditions where they are not chilled as recommended by the manufacturer.

4.7. Risk and title to the products

A product will be your responsibility from the time we deliver the product to the address you gave us (in accordance with clause 4.6 above) or you collect it from us, and the risk of any damage or loss of products will be with you. You own a product once we have received payment in full and the product has been delivered to you or collected by you.

4.8. Requesting changes to your order

Please check all order information provided (including delivery address) before you confirm your order at checkout, as in most circumstances we cannot make any changes to orders. Next day delivery orders cannot be amended.

If you wish to make a change to your order then please contact us Contact Us - TheVeganKind Supermarket, and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

If you have a special request, please get in touch before you place your order so we can let you know whether this is possible before the order is placed.

4.9. Our rights to end the Contract

We may end the Contract at any time by writing to you if:

• you do not make any payment to us when it is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address;
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
• we are unable to fulfil your order due to an event outside our control.

If we end the Contract in the situation set out above we will refund any money you have paid for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

5. SUBSCRIPTIONS

5.1. Your Subscription Contract with us

Subscription boxes of vegan-friendly products may be purchased from The Vegan Kind by clicking on the option for the box (“Subscription Box”) you wish to purchase as shown on our Website and following the step-by-step guide through to completion of your order. Your submission of an order constitutes an offer to enter into a Contract with us to subscribe to receiving the Subscription Box selected.

All Subscriptions for our Subscription Boxes are governed by these terms and conditions. At the time of ordering, please tick the checkbox 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 Subscription Boxes from us.

After placing an order, the Website displays an order confirmation page and/or you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Subject to our cancellation rights set out below, acceptance of your order and completion of the Contract between us will take place when we dispatch the first Subscription Box to you.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Subscription Box. This might be because, for example, you are located outside a Subscription Location (see clause 5.2 below), the Subscription Box is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Subscription Box and/or because we are unable to meet a delivery deadline.

Subscriptions are not transferable and cannot be sold or traded.

5.2. Subscription Locations

Please see Subscription Boxes – TheVeganKind (zendesk.com) for more information on those locations from which we can accept orders for Subscription Boxes (“Subscription Locations”).

5.3. Your status

By placing an order for a Subscription you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old, you are a resident in one of the Subscription Locations, and you are accessing our Website from a Subscription Location.

5.4. Products in Subscription Boxes

You understand the specific products contained within Subscription Boxes are not made known to you in advance of your order or delivery and we cannot guarantee in advance what products will be provided. We cannot customise boxes for any purpose including to meet any requirements for allergies, food sensitivities, or other preferences. You understand that it is your responsibility to check the relevant packaging to ensure that a product does not contain a relevant allergen(s). The images of Subscription Boxes on the Website are for illustrative purposes only.

You are responsible for opening and inspecting the Subscription Boxes upon delivery and for storing products correctly. For any food products, you are also responsible for any 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 the products.

5.5. Price and payment

The price of our Subscription Boxes and delivery charges will be the price indicated on the Website at any time. The prices include VAT where applicable. If at any time an incorrect price is quoted on our Website we will rectify this as soon as possible. We can choose to change the price or delivery charge due for our Subscription Boxes at any time. If the price changes for any reason those persons who at that time have already Subscribed shall be notified as soon as reasonably practicable and shall have the option to terminate their Subscription or if they do not cancel before the despatch of the next Subscription Box accept their liability at that new price.

We offer various payment plans which you select at the time of ordering your Subscription. Your payment will be collected on or after the 1st of each month. We accept payment by credit or debit card and PayPal. You can update your payment details via your Account, and this must be done at least 5 working days prior to your payment date.

All Subscriptions (except gift subscriptions) renew automatically until we or you cancel the Subscription. You acknowledge that your Subscription is subject to an initial payment and recurring payments for the period of your Subscription, and you accept liability for all recurring payments. We can process recurring charges without further authorisation from you until you notify us that you wish to cancel your Subscription or change your method of payment. Charges which have been incurred by you before we could reasonably act will not be affected by the giving of such notice.

Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our Privacy Policy. The Vegan Kind does not have access to view your full credit or debit card details.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency. You will be liable for any fees or charges incurred due to this referral.

5.6. Delivery

The price of delivery charges will be the price indicated on the Website from time to time. We are not liable for any customs charges, and you accept that if your Subscription Box is being shipped internationally you may have to pay such fees before receiving your Subscription Box. We accept no liability for customs processes and/or charges.

We currently deliver our Subscription Boxes by Royal Mail. Please note that delivery times within the UK are typically within 2-5 working days of the date of posting but this may vary due to stock availability, your delivery address and circumstances out with our control which may impact delivery by the Royal Mail. In the event that we deliver boxes to customers internationally delivery timescales to customers based within the European Union are typically between 10 – 15 days from the date of posting and for customers based in other territories delivery may take between 4 – 6 weeks of the date of posting. We may change our method of delivery at any time without prior notification.

We are not liable for any delays in the delivery of boxes. It is the responsibility of customers to report any lost boxes to the Royal Mail and us within 7 days of the expected delivery date. Failure to comply may result in no refund being made. You understand that we send our Subscription Boxes on a non-tracked service.

We will deliver your Subscription Box to the address specified by you within your Account. Should you change address it is your responsibility to update your address details within your Account, and this must be completed at least 5 working days prior to end of the month. If you fail to comply, you will be liable to pay for any boxes sent to the wrong address.

It is your responsibility to ensure that someone is available at your delivery address to receive your Subscription Box. If no one is available at your delivery address to take delivery of your order, the Royal Mail may or may not return your Subscription Box to a local depot for collection or attempt redelivery. In the event that you select an alternative delivery option (i.e. an option offered directly by Royal Mail for example to leave your order with a neighbour or in a safe place), you do so entirely at your own risk. We do not accept liability for any losses you may incur as a result, e.g. theft, tampering, contamination. Our couriers are authorised to leave packages containing fresh, chilled or frozen products even if no one is there to accept delivery. If you do not designate a safe place or nominate a neighbour, your parcel will be left in the safest place available which might be in public view.

We accept no responsibility for parcels which go missing or are tampered with as a result of you being unavailable to accept delivery and/or if an incorrect delivery address is provided.

5.7. Risk and title to the Subscription Boxes

A Subscription Box and the products therein will be your responsibility from the time we deliver the Subscription Box or you, and the risk of any damage or loss will be with you. You own a Subscription Box and the contents therein once we have received payment in full and Subscription Box has been delivered to you.

5.8. Changes to Subscriptions

If you would like to change your Subscription type and/or your payment plan, then please contact us at least 5 working days before the end of the month.

5.9. Cancelling Subscriptions

There is no minimum subscription period, and you are free to cancel your Subscription without a cancellation charge.

You can request to cancel your Subscription via your Account. Requests which are not submitted at least 5 working days prior to the end of the month shall not be accepted for cancellation until delivery of the upcoming Subscription Box, and upon delivery the Subscription shall end, and you shall be liable for payment of that Subscription Box.

If you have paid in advance for Subscription Boxes not received, you will be refunded a pro-rata amount for Subscription Boxes not received.

5.10. Gift Subscriptions

The total cost of a gift Subscription is payable in full at the time of order and if it is cancelled for any reason no refund will be given for any unused period of time.

Gift subscriptions will not renew automatically.

Gift Subscriptions must be activated within such timescales as stated in the confirmation email. After expiry of the activation period, the gift Subscription will be lost, and will not be refunded.

Gift Subscriptions cannot be exchanged for cash.

5.11. Our rights to end the Subscription

We may end the Contract at any time by writing to you if:

• you do not make any payment to us when it is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Subscription Boxes, for example, your delivery address;
• we are unable to continue our Subscription service.

If we end the Contract in the situation set out above we will refund any money you have paid for Subscription Boxes we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

6. RETURNS POLICY

6.1. If there is a problem with the order

If you receive your products and they are damaged, faulty or just not right, please notify us in writing within 24 hours of receiving your order by emailing us at info@thevegankind.com. Please keep your order invoice and provide photos of the damaged or faulty products for our reference.

If you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection. Please ensure that the products are properly packaged for return.

If you are entitled to a refund we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price. For example, we will not be able to refund you for products that have been damaged on return to us due to insufficient packaging by you.

6.2. Changing your mind

For most products bought online you have a legal right to change your mind within 14 days after the day you receive the products (“cooling-off period”). For services purchased online (e.g. our Kind Clun membership or Subscriptions), the cooling period is 14 days after the day we confirm we have accepted your order. Once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

Your right as a consumer to change your mind does not apply in respect of:

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• perishable products, for example: food, flowers, newspapers or magazines;
• any products which become mixed inseparably with other items after their delivery; and
• products that are made to your specifications or are customised, bespoke or personalised.

To exercise your right to change your mind, please contact us Contact Us - TheVeganKind Supermarket and quote your order number.

Please return products to us on a tracked service within 14 days of receiving your order, and ensure that the products are safely packaged. You will have to pay the costs of return of any product. Please enclose the following details with your returned order: your order number, the item(s) you are returning, and the reason for the return.

You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. For example, we may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling them. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.

6.3. Cancelling the order where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have the right to change your mind, you may be able to end the Contract before it is completed, but you may have to pay us compensation. A Contract for products is completed when the product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, please contact us at Contact Us - TheVeganKind Supermarket to let us know by writing to us. We may deduct sums from refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract and/or taking steps to process the order.

7. KIND CLUB

7.1. General terms

Kind Club membership may be purchased as a product via the Supermarket, and therefore clause 4 applies to your purchase. In the event of any conflict between the terms of clause 4 and this clause 7, the terms of this clause 7 shall apply to Kind Club memberships.

Kind Club members are entitled to up to four free deliveries a month of products purchased via the Supermarket.

Kind Club memberships are subject to the following shipment rules:

• Only available to Next Day delivery areas, this is generally mainland UK but could be subject to change;
• Kind Club shipments will be via a Next Day service;
• Kind Club shipments only apply to orders above £40 (inclusive of discounts);
• No other shipping discounts can be used in conjunction with Kind Club.

We reserve the right to amend, withdraw, terminate or temporarily suspend any benefits under Kind Club in the event of any unforeseen circumstances or technical reason outside our reasonable control, with no liability but will use all reasonable endeavours to avoid consumer disappointment.

7.2. Price and payment

The price of our Kind Club membership will be the price indicated on the Website at any time. The prices include VAT where applicable. If at any time an incorrect price is quoted on our Website we will rectify this as soon as possible. We can choose to change the price at any time. If the price changes for any reason those persons who at that time have already subscribed to be Kind Club members shall be notified as soon as reasonably practicable and shall have the option to terminate their membership or if they do not cancel before the next upcoming payment date accept their liability at that new price.

Your payment will be collected monthly every subsequent 30 days following the anniversary of you joining Kind Club. We accept payment by credit or debit card and PayPal. You can update your payment details via your Account, and this must be done at least 5 working days prior to your next upcoming payment date.

All memberships renew automatically until we or you cancel the membership. You acknowledge that your membership is subject to an initial payment and recurring payments for the period of your membership, and you accept liability for all recurring payments. We can process recurring charges without further authorisation from you until you notify us that you wish to cancel your membership or change your method of payment. Charges which have been incurred by you before we could reasonably act will not be affected by the giving of such notice.

Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our Privacy Policy. The Vegan Kind does not have access to view your full credit or debit card details.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency. You will be liable for any fees or charges incurred due to this referral.

Kind Club memberships are not transferable and cannot be sold or traded.

7.3. Cancelling Kind Club memberships

You are free to cancel your Kind Club membership without a cancellation charge. You can request to cancel your membership via your Account. If you pay for your membership on a monthly basis, cancellation requests which are not submitted at least 5 working days prior to the next upcoming payment date shall not be accepted for cancellation until the month following that upcoming payment date. If you pay annually for your membership, you will be refunded a pro-rata amount for the membership which shall be calculated from the first day of the month following your cancellation request. All fees for memberships paid prior to cancellation are non-refundable and you shall be responsible for any charges for the membership prior to your cancellation.

7.4. Our rights to end the Kind Club membership

We may end Kind Club membership at any time by writing to you if:

• you do not make any payment to us when it is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the membership;
• we are unable to continue our Kind Club membership.

If we end the Contract in the situation set out above we will refund money you have paid for the membership on a pro-rata basis but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the terms and conditions of membership.

8. YOUR ACCOUNT

You agree in relation to your Account:

• all required information submitted is complete and accurate;
• you will maintain the accuracy of all information provided;
• you will maintain the confidentiality of your Account;
• you will immediately notify us of any unauthorised use, or suspected unauthorised use of the Account or any other breach of security; and
• you will be solely responsible for all activity that occurs under your Account.

We have the right to disable any Account, at any time, if in our reasonable opinion you have failed to comply with any of these terms and conditions.

If you know or suspect that anyone other than you knows your Account details, you must promptly notify us, Contact Us - TheVeganKind Supermarket.

9. GIFT CARDS

In the event of any conflict or inconsistency between these terms and conditions and any other specific terms and conditions related to Gift Cards, the specific terms and conditions will prevail. Unless expressly stated otherwise by us:

• All value on a Gift Card must be used before the expiry date of 12 months from the date of purchase (or such other timescale as notified in writing on the Gift Card). Any balance left on a Gift Card after its expiry will be lost and will not be refunded.

• Gift Cards can only be used for purchases via our Supermarket.
• Gift Cards may not be used in conjunction with any other special offer.
• Gift Cards cannot be exchanged for cash.
• Certain products cannot be purchased with Gift Cards including Subscription Boxes and Kind Club membership. From time to time other goods or services may be excluded and will be notified to you on the Website.
• The balance of a Gift Card cannot be returned if the Gift Card is stolen or lost.
• The Gift Card is not a credit, debit or cheque guarantee card.

The Vegan Kind reserves the right to amend these terms and conditions at any time or withdraw the Gift Card on reasonable notice. Your statutory rights are not affected.

10. YOUR RECIPES

Whenever you provide a recipe and any related content (including photographs of the finished recipe) (“Recipe”) for our Website this clause 10 will apply.

You must, and agree to, comply with our guidelines as made known to you when you submit a Recipe.

You must only submit Recipes that are your own original creations. You shall immediately notify us in writing of any claim made or threatened that your Recipe infringes the rights of any third party. You understand that we disclose your identity to any third party who is claiming that your Recipe constitutes an infringement of their rights.

Any Recipes you provide to us will be considered non-confidential. You grant us and users of our Website a worldwide, non-exclusive, royalty-free, full paid-up, perpetual, irrevocable, transferable licence to use, reproduce, distribute, prepare derivative works of, and publicly display your Recipe. The permission you have granted to us is not exclusive and therefore you may continue to use the Recipe in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us. You agree, as the sole author of the Recipe, that you waive all moral rights in respect of the Recipe which you may now or at any future time be entitled.

You warrant that your Recipe complies with this clause 10 and our guidelines, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We reserve the right to reject and/or remove any Recipes.

We do not accept any liability for use of Recipes by Website users and/or other third parties.

11. DISCOUNTS, LOYALTY PROGRAMMES AND REWARDS

We reserve the right to cancel, amend, withdraw, terminate or temporarily suspend any discounts, loyalty programme and/or rewards in the event of any unforeseen circumstances or technical reason outside our reasonable control, with no liability to any customers, website users or third parties but will use all reasonable endeavours to avoid consumer disappointment.

In the event of any conflict or inconsistency between these terms and conditions and any other specific terms and conditions related to discounts, loyalty programme and/or rewards, the specific terms and conditions will prevail.

11.1. Kind Points

Users with an Account can earn Kind Points for certain activity within our Website and these Kind Points accumulate towards rewards. The Kind Points system is tiered and the higher the tier, the more rewards you earn. Tiers are allocated on the basis of the Kind Points earned over a 12-month rolling period. Further information on the tier system is available on our Website. Unless expressly stated otherwise by us at the time of issue of rewards:

• We have complete discretion over the rewards that we make available from time to time. We may run different rewards for different customers with different terms (for example, different amounts, types or expiry dates) and we may limit certain rewards to certain regions or delivery areas.

• We also reserve the right to reject your use of a reward where we reasonably suspect fraud.

• The right to use rewards are personal to the original recipient and may not be transferred. Each reward voucher may only be used once and only by one person.
• Rewards can only be used for purchases via our Supermarket. Rewards cannot be exchanged for cash or used to purchase Gift Vouchers. From time to time goods or services may be excluded and will be notified to you on the Website.
• Rewards may not be used in conjunction with any other special offer.
• Rewards cannot be used for past orders you have placed with us or otherwise backdated.
• Rewards cannot be redeemed for cash.
• Rewards are subject to expiry, and will automatically expire on the expiry date..
• We are permitted to change or cancel Kind Points and/or rewards at any time with no prior written notice to you.

11.2. Referrals

We may offer referral rewards from time to time. Referral rewards are subject to the following terms and conditions Terms for this offer from The Vegan Kind (mention-me.com).

Any referral rewards are not negotiable or transferable. We reserve the right to cancel, amend, withdraw, terminate or temporarily suspend any referral rewards in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.

11.3. TVK+

Subscribers to Subscription Boxes and Kind Club members may be offered discounts and other exclusive perks from time to time when shopping in the Supermarket (“TVK+”). TVK+ is not available to Website users who do not have a valid Subscription and/or valid Kind Club membership.

Unless expressly stated otherwise by us:

• TVK+ is personal to the original recipient and may not be transferred.
• TVK+ can only be used for purchases via our Supermarket.
• TVK+ may not be used in conjunction with any other special offer.
• TVK+ cannot be exchanged for cash or used to purchase Gift Vouchers.
• Certain products are excluded from TVK+ as shown on the Website.
• We are permitted to change or cancel TVK+ at any time with no prior written notice to you.

12. COMPETITIONS, GIVEAWAYS AND PRIZES

We may promote competitions, giveaways and/or prizes from time to time.

In the event of any conflict or inconsistency between these terms and conditions and any other specific terms and conditions related to competitions, giveaways and/or prizes, the specific terms and conditions will prevail.

Prizes are subject to availability.

There is no cash alternative for prizes.

We reserve the right to substitute prizes with a prize of equal or greater value.

Any prizes are not negotiable or transferable.

The decision of The Vegan Kind is final and no correspondence or discussion will be entered into.

You agree that if you are a winner, you will take part in and cooperate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.

Where a prize is provided by a third party, we accept no responsibility for inaccuracy of any prize description, and the third party is responsible for prize fulfilment.

We reserve the right to cancel, amend, withdraw, terminate or temporarily suspend any promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.

13. BRAND AMBASSADORS AND INFLUENCERS

Please refer to the specific terms and conditions issued to you as a Brand Ambassador and/or Influencer. In the event of any conflict or inconsistency between these website terms and conditions and the specific terms and conditions, the specific terms and conditions will prevail.

14. YOUR PERSONAL INFORMATION

Our Privacy Policy Privacy Policy - TheVeganKind Supermarket sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Our Cookies Policy Privacy Policy - TheVeganKind Supermarket also sets out information about the cookies used on the Website.

15. OUR LIABILITY TO YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will not be liable to you for any failure by us to comply with these terms and conditions where such failure arises from any cause reasonably beyond our control.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

16. GENERAL WEBSITE USE

16.1. Accessing the Website

We may suspend, withdraw, discontinue or change all or any part of the Website without notice, to reflect changes to our products, our users' needs and/or our business priorities. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

You are responsible for making all arrangements, technical or otherwise, necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

16.2. Do not rely on information on this Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

16.3. Our Website is operated in the UK

As we operate from the UK we make no representations that materials on the Website are appropriate or available for use in or comply with applicable laws of other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

16.4. Acceptable use of the Website

You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.

You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.

You shall not breach or attempt to breach the security of this Website.

When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.

You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website.

You shall not use our Website in any way that breaches any applicable local, national or international law or regulation.

Use of the Website in breach of these terms of acceptable use may give rise to a claim for damages and / or be a criminal offence.

16.5. We do not guarantee that our site will be secure or free from bugs or viruses

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

16.6. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website, and the material published on it including, without limitation, all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, "look and feel" and arrangements. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

You must not use the Website or any part of it for any commercial purpose without obtaining a licence to do so from us or our licensors.

The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of The Vegan Kind or our licensors. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.

If you print off, copy, download, share or repost any part of our site in breach of these terms and conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

16.7. We are not responsible for websites we link to

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

16.8. Rules about linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with these terms and conditions.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

17. OTHER GENERAL TERMS

17.1. Law and jurisdiction

These terms and conditions and any Contract with you shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions and/or any Contract with you and/or any use of the Website shall be subject to the non-exclusive jurisdiction of the Scottish Courts.

17.2. Our rights to vary these terms and conditions

We reserve the right to change these terms and conditions at any time (with the revised terms and conditions being posted on the Website).

It is your responsibility to check the terms and conditions and we encourage you to review them each time you visit the Website to ensure that you are aware of any changes.

Your use of the Website and purchase from the Website will be subject to the version of the terms and conditions that is displayed on the Website as at the date you access the Website and/or submit an order. Your use of the Website following the posting of any such changes will constitute your acceptance of the revised terms and conditions.

17.3. Notices

All notices given by you to us must be addressed to Lillie SPV Ltd at Herschel House, 8 Ashton Road, Glasgow, G73 1UB. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.

17.4. No waiver

Even if we delay in enforcing our Contract with you and/or these terms and conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Contract and/or these terms and conditions, or if we delay in taking steps against you in respect of your breaking the Contract and/or 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.

17.5. Entire agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

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.

17.6. Transfer of right and obligations

We may transfer our rights and obligations under these terms and conditions to another organisation.

You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.

17.7. Third party rights

Any Contract is between you and us. Subject to clause 16.6 above, no other person shall have any rights to enforce any of its terms.

17.8. Severability

If a court finds part of our Contract with you illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.