1. OUR TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply digital products (namely, e-cookbooks) to you through the rachelkhoo.com website (our website).
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide digital products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Wikhoo Holdings AB a company registered in Sweden. Our company registration number is 559101-6273 and our registered office is at Box 55642, 102 14 Stockholm, Sweden.
2.2. How to contact us. You can contact us by sending an email to hello@rachelkhoo.com or by submitting your query through the ‘Contact Us’ page on our website (https://www.rachelkhoo.com/contact).
2.3. How we may contact you. If we have to contact you we will do so in accordance with our privacy policy (available here).
3. OUR CONTRACT WITH YOU
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the digital product. This might be 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 digital product or because technical issues relating to operation of our website and/or delivery of digital products.
3.3. Your order number. We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.OUR RIGHTS TO MAKE CHANGES
We may change and/or update the digital product:
a(a)to reflect changes in relevant laws and regulatory requirements (for example, by removing sections or parts of any e-cookbook); and
to implement minor technical adjustments and improvements.
5. PROVIDING DIGITAL PRODUCTS
5.1. When we will provide digital products. We aim to make the digital products available for download on the same day that we accept your order.
5.2. We are not responsible for delays outside our control. If our supply of a digital product 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 to end the contract and receive a refund for any digital products you have paid for but not received.
5.3. We are not responsible for you being unable to access digital products if this is outside of our control. Our digital e-cookbooks are provided in PDF format. If you are unable to access digital products we have provided to you (for example, due to technical difficulties such as your email account rejecting and/or blocking our emails or as a result of you not having the appropriate technical hardware and/or software to access such digital content) please contact us. If we consider it appropriate, we may be able to assist you in accessing such content but, provided your inability to access digital products is outside of our control, we will not be liable for you not being able to access the content.
5.4. Your legal rights if we provide digital products late. You have legal rights if we provide any digital products late. If we’re unable to provide any digital products to you within a reasonable time of us accepting your order then you may cancel your order. After that we will refund any sums you have paid to us for the cancelled digital products.
5.5. What will happen if you do not give required information to us. We will need certain information from you so that we can supply the digital products to you, for example, an up-to-date email address which is able accept incoming email messages and attachments. If so, you will have been asked to provide this information when placing your order. If did not provide this information to us at that time or, where we ask for you to provide alternative information to us and do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the digital products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.6. Reasons the supply of digital products may be delayed on suspended. We may have to delay or suspend the supply of digital products to:
(a) deal with technical problems or make minor technical changes;
(b) update the digital products to reflect changes in relevant laws and regulatory requirements;
(c) make changes to digital products as notified by us to you.
Your rights if we delay or suspend supply of digital products. We will use reasonable endeavours to contact you in advance to tell you that supply of the digital product will be delayed or suspended, unless the problem is urgent or an emergency. If we’re unable to provide the digital product to you within a reasonable period of time, you may contact us to end the contract and we will refund any sums you have paid in advance for the digital product in respect of the period after you end the contract.
6. PERMITTED USE OF DIGITAL PRODUCTS
6.1. All intellectual property rights in our digital products (including all content contained within our e-cookbooks) are owned by, or licensed to, us and all such rights are hereby reserved.
6.2. By placing an order for our digital products, you acknowledge and agree that your right of access is non-exclusive and non-transferrable, and that you will gain no right, title or interest to the intellectual property rights in such digital products other than as expressly described in this clause 6.
6.3. After you have placed an order for digital products, you are entitled to download one copy of that product for personal use. You may also print out and make a back-up copy of digital products for personal use only.
6.4. You may not copy, distribute, modify, transfer, communicate or otherwise grant access to the product (and any content contained within the product) to other parties, whether electronically or in hard-copy, unless we have otherwise agreed in advance in writing. If you deal with the product in any manner contrary to this clause 6, we reserve the right to prevent or restrict your access to the product and you must, at our option, destroy any copies of the product you have in your possession or control.
7. CANCELLATION AND REFUNDS
7.1. When you can cancel an order for digital products. You can cancel an order for products in a number of circumstances as described in this clause 7.
7.2. You may cancel your order for any reason within 14 days of your order being accepted (Consumer Contracts Regulations 2013). For most digital products bought online you have a legal right to cancel your order and request a refund anytime within 14 days of us accepting your order. However, your right to cancel will cease as soon as you start to download and/or otherwise access digital product (for example, if access to the digital content was immediate, and you agreed to this when ordering, you will not have a right to cancel your order).
7.3. You may also cancel your order because of something we have done or are going to do. You may cancel your order and request a refund at anytime prior to downloading and/or otherwise accessing the digital product in the following circumstances:
(a) we have told you about an error in the price or description of the digital product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the digital products may be significantly delayed because of events outside our control;
(c) we have delayed or suspended supply of the digital product for technical reasons, or notify you we are going to delay or suspend them for technical reasons; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late.
7.4. You may also be entitled to a refund if a digital product is not fit for purpose, as described or of satisfactory quality. If a digital product we provide is faulty, you’re entitled to repair or a replacement. If the fault cannot be fixed within a reasonable period of time and without significant convenience, you can get some or all of your money back.
7.5. How to notify us. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at hello@rachelkhoo.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the contact us form on our website (https://www.rachelkhoo.com/contact).
If you’re in any doubt as to what information to provide to us when seeking to cancelling your order, please use the Model Cancellation Form included at Schedule 1 of these terms and conditions.
7.6. How we will refund you. We will refund you the price you paid for digital products by the method you used for payment.
7.7 When your refund will be made. We will make any refunds due to you as soon as possible and in any case within 14 days of you making a valid request.
7.8. Your obligation to destroy rejected or cancelled digital products. If you wish to exercise your legal rights to reject or cancel an order for digital products you must destroy any copies of the product you have in your possession or control.
8. OTHER IMPORTANT TERMS
8.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.
8.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
8.3. Nobody else has any rights under these terms and conditions . These terms and conditions are between you and us. No other person shall have any rights to enforce any of its terms unless otherwise agreed by us in writing in advance.
8.4. If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
8.5. Even if we delay in enforcing these terms and conditions , we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking 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.
8.6. Which laws apply to these terms and conditions and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the digital products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the digital products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the digital products in either the Northern Irish or the English courts.
9. UGC Instagram Feed Privacy Policy
We are so grateful to all Rachel Khoo followers who have shared their Food Memories and images with her and we'd love for you to do the same. Post your photos on Instagram with the hashtag #RachelKhoo and mention @rachelkhooks in your caption.
Please note that by uploading, or sharing your photos on Instagram using the #RachelKhoo hashtag, you are agreeing to our User Generated Content, Submissions & Photo Sharing Terms & Conditions.
USER GENERATED CONTENT, SUBMISSIONS & PHOTO SHARING TERMS & CONDITIONS
You may email, post, upload, or submit content you have created, including photographs, videos, reviews and comments (collectively, “User Submissions”) to your social media accounts, through www.rachelkhoo.com, or directly via email at hello@rachelkhoo.com. By posting, uploading, or sharing User Submissions that you have tagged with @rachelkhooks #RachelKhoo or other Rachel Khoo brand hashtags, you grant Wikhoo holdings AB and our third-party content-management service providers the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use at our discretion your User Submissions for promotional purposes. In making a User Submission, you also agree to hold Wikhoo holdings AB and any person acting on our behalf harmless from any liability related in any way to the use of your User Submissions.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the supply of the following service [*],
Ordered on []/received on [],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.
