Terms & Conditions

1. Introduction

1. This website is owned and operated by Try Cooked Limited trading as “cooked”. Our company information is at the end of this document.
2. Please read these terms and conditions carefully. They apply when you buy any goods via this site. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a
file copy specifically for the transaction with you and we cannot guaranteethat they will remain accessible on our website in future. These terms and conditions are available in the English language only.
3. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
4. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are
not in conformity with the contract, whether because they are faulty, not as described or otherwise.
5. We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring
after the effective date shown.
6. The monthly subscription period herein this contract is equivalent to 4
weeks.

2. Right to pause

1. You have the right to pause this contract subject to the provisions set out below. This right is not affected by any separate returns policy contained herein.
2. You may pause your meal subscription 48hours before your chosen delivery day by contacting our customer care team using the details provided at the bottom of the Homepage, or calling our customer care team on 0723623470,
or via email: talk@trycooked.com, and request for your account to be paused. Please notify us of your recommencement date. Your chosen delivery day will remain the same as originally selected unless requested
otherwise by you.
3. In the event you pause your Meal Subscription, please note that we may still send you promotional communications about Try Cooked, unless you opt out of receiving those communications by following the unsubscribe instructions
provided therein.

3. Right to cancel

1. If you are a Consumer, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
2. There is no right to cancel contracts for the supply of goods liable to deteriorate or expire rapidly. This applies to most of the goods we supply.
3. If you do have the right to cancel, the following instructions apply:
4. You have the right to cancel this contract within 14 days without giving any reason.
5. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the first delivery of goods in the case of
recurring orders).
6. To exercise, you must inform us of your decision to cancel this contract by a clear action or statement. This includes choosing to cancel your account via the ‘My Account tab in your cooked account, contacting our customer care
team via the ‘Contact Us’ button at the bottom of the Homepage and requesting for your account to be cancelled, or calling our customer care team to ask for an account cancellation.
7. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8. In the event you wish to cancel your subscription after the 14-week cooling off period, we suggest you try pausing your subscriptions first to allow you to reschedule your deliveries and finish your monthly subscription plan. 
9. If you still wish to cancel your subscription you must notify us 48 hours in advance of your next monthly subscription start following the procedures outlined in 3.6. We will not be liable for cancellations made outside of the time period specified and the full subscription amount will be charged.
10. Refunds will remain at the discretion of management.

4. Minor variations in goods

1. We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance of our goods.
2. The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.

5. Your order

1. Your order is an offer to buy from us on a one-off or recurring delivery basis.
2. You place your order by using the ordering process on our website or our digital services (the term “website” shall hereafter refer to the website and our other digital services). This involves making the selection on our site and
transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button. You
can also change your order any time up to the relevant cut-off date / time (see further below).

3. You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
4. We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed.
5. We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit if you have been charged.
6. You acknowledge that, for recurring orders, we will select the relevant recipes for you if you do not make your own selection by the cut-off date/time specified on our site.
7. The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.

6. Payment and price

1. The price for the goods is as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise.
2. Delivery costs are charged extra at the rate shown on our site at the time you place your order.
3. Payment is required in advance as explained below.
4. You authorise us and our third party payment providers to take payment and/or to charge your payment card or mobile money for the relevant amounts and at the relevant times. Despatch of the goods is subject to our
being able to charge your payment card or mobile money. It is your responsibility to update your payment card details as necessary.
5. We will take your first payment when we accept your order. If you have purchased a subscription plan, payments will be taken after the relevant cut- off date/time specified on our site (which may change from time to time),
depending on the delivery date(s) you select.
6. Recurring deliveries can be cancelled or changed at any time via the site before the relevant cut-off for a particular delivery (subject to any applicable legal right to cancel set out in the section 2 above).
7. The cut off for any delivery occurs at midday, two days before your delivery
day.
8. If you revise the contents of your first box before the delivery cut off so that the cost is less than it was originally, the difference will be credited to your account. Alternatively, the difference can be refunded to you by requesting
this from our customer care team via the 'Contact Us' form at the bottom of the Homepage. Changes made to subsequent boxes before cut-off will be reflected in the amount taken as payment.
9. We may change our prices by giving you notice by email at least 14 days before any price change takes effect. If you do not accept the new price, you should cancel your subscription as explained below as payments taken after
the notice period will be at the new price.

10. We may from time to time offer some recipes which attract an additional surcharge. This surcharge is clearly shown on the website and will be added to the cost of your standard subscription should you choose these recipes.
11. You must contact us immediately with full details if you dispute any payment.

7. Discount codes and credits

1. We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery charges and any additional clearly marked surcharges associated with certain recipes that may feature on the
menu from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise
stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we
state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
2. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
3. We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. Credits expire after the time
periods specified in the FAQs on our website. The validity period starts from the time the credit is allocated to your account. Any unused credit on your account will automatically expire if your account is closed. Credit can be used
against the cost of standard recipes, the additional surcharges associated with certain recipes and delivery charges, and is redeemed automatically upon checkout.
4. Refer-a-friend credits only apply if the referred user is a third party who has been genuinely referred by you on an arm’s length basis and if the delivery address is to a different address to that of the referrer.
5. New user credits apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.
6. We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these terms or is otherwise being abused.
7. We may occasionally offer customers their nth box free. In order to successfully claim this free box, it must have the same or less monetary value as the first box you purchased, otherwise we reserve the right to withdraw
this offer.

8. Delivery

1. Delivery will be complete when we deliver to the address which you specify when ordering.

2. Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our
reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
3. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact us to arrange re-delivery. If nobody is available to receive the goods, we will use reasonable efforts to
follow any special delivery instructions you have provided.

9. Risk and ownership

1. Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.

10. Termination

1. We may cancel this agreement immediately by email notice at any time if any amount due to us is unpaid, or unjustifiably charged back, or if your account is inactive for more than 6 months.
2. You may cancel this agreement at any time within your account on our website.
3. In the event of termination of this agreement, we are entitled to delete your account including any unused credit. We will deliver any outstanding orders and take payment accordingly if the agreement was terminated after a
relevant cut-off date.

11. Liability

1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
3. The following clauses apply only if you are a Consumer:
1. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
2. such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
3. such loss or damage is caused by you, for example by not complying with this agreement; or
4. such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
2. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).

4. The following clauses apply only if you are not a Consumer:
1. Our liability of any kind (including our own negligence) is limited to the price paid for the goods
2. In no event (including our own negligence) will we be liable for any:
1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
2. loss of goodwill or reputation;
3. special, indirect or consequential losses; or
4. damage to or loss of data
5. (even if we have been advised of the possibility of such losses).
3. You will indemnify us against all claims and liabilities directly or
indirectly related to your breach of this agreement.
4. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
5. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

12. Events outside our control

1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

13. Privacy

1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

14. English law

1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the Republic of Kenya.

15. General

1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not
binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as
expressly stated otherwise.

2. By placing an order, you are confirming that you are 18 years of age or older. We cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm your age before purchasing such products.

16. Complaints

1. If you have any complaints, please contact us via the ‘Contact Us’ button at the bottom of our Homepage, or email our customer care team on talk@trycooked.com

17. Company information

1. Company name: Try Cooked Limited
2. Country of incorporation: Republic of Kenya
3. Registered number: PVT-DLUJZ6E
4. Other contact information: PO Box 51525 – 00100, Nairobi.
5. PIN number: P051932083M