Terms and Conditions

TERMS AND CONDITIONS OF SUBSCRIPTION SERVICES – BLUE FIN TUNA

1.    THESE TERMS

1.1 This agreement (“Agreement”) sets forth the terms and conditions, together with our Booking Form and Privacy Policy and any other documents referred to herein, on which we offer our variety of blue fin tuna products in a range specific boxes on a subscription basis. 

1.2 Hook to Plate Ltd operates its business by catching and collecting the finest blue fin tuna and delivering it to our Customers as part of our Services.

1.3 Our website can be found at https://hooktoplate.co.uk which is owned by us, and our details are listed below (“Website”).

1.4 We offer our Services in the form of a monthly subscription box, as elected when you complete your Booking with us. 

1.5 In this Agreement, “we/us/our” shall mean Hook to Plate Ltd and “you/your” shall mean you as our Customer. Each shall be a “party” and collectively referred to in these Terms as “parties”.

1.6 This Agreement, and any contract formed between you and us, shall be in the English language.

1.7 Where you communicate to us on behalf of a company or organisation, you agree that you have authority on its behalf to proceed with us.

1.8 This Agreement shall prevail over any marketing material, or any electronic, written or oral representation made to you by us, our employees or agents. 

1.9 We recommend that you please read this Agreement carefully before using the Website and before you commence your Booking with us, as they affect your rights and liabilities and the basis upon which we may provide our Services to you. 

1.10 This Agreement incorporates our Privacy Policy, Cookie Policy and our Terms of Use. 

1.11 We may vary these terms from time to time as they may apply to your use of our Services and your subscription to use the Website.

1.12 You agree that you are over the age of 18 years old, otherwise you will not be permitted to purchase our Subscription Boxes. 

By clicking the “I accept” button or signing any Booking Form that references this Agreement, you as the Customer confirm that you have read, understood and accept the following terms, which will be legally binding on you, and in doing so, acknowledges that you will be bound by the following terms and conditions governing any use of the Website. 

Your use of this Website indicates that you accept these terms in their entirety.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE APPLICATION TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT.

2. DEFINITIONS

2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Booking”	means any order by you of one of our Subscription Boxes and the order to buy any associated goods and services as advertised on our Website;
“Booking Form”	shall mean any booking form in support of these terms setting out the details of the Booking and your chosen Subscription;
“Business”	means any business, trade, craft, or profession carried on by you or any other person/organisation;
“Customer”  “Data Protection Legislation”	shall mean you as the individual or company to whom this Agreement shall apply and shall mean any person acting on behalf of and with the authority of such person of firm or corporate body; means all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (Data Protection Act) (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications);
“Confidential Information” “Intellectual Property Rights”	means, in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such); means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Privacy Policy”	means our policy on collecting and processing your personal information relating to the Services which can be found on our Website;
“Services”	shall mean all services provided by us to you in connection with your Subscription plan or when you purchase our products through the Website;
“Start Date”	shall mean the date that on which these Services shall commence;
“Subscription Box”	means your elected subscription box which includes either a Chefs Box, or Sushi Box.
“Subscription Fees”	means our fees offered on a subscription basis for access to, and use of, the Subscription Services as outlined in the Booking Form;

2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
4. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
5. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
6. A reference to writing or written includes email.
7. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
8. A reference to this Agreement or to any other agreement or document referred to in these terms is a reference to this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.
9. References to clauses are to the clauses of this Agreement.
10. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3. INFORMATION ABOUT US AND HOW TO CONTACT US
   2. We are Hook to Plate Ltd; a company registered in England and Wales with its company number 15812159. Our registered office is Beaver Lake Farm Crow Hill, Crow, Ringwood, England, BH24 3DE.
   3. You can contact us by emailing us at info@hooktoplate.co.uk.
   4. If we have to contact you, we will do so by telephone or by email. You may also contact us via the Website.
   5. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4. HOW WE USE YOUR PERSONAL INFORMATION

“Controller”, “Data Subject”, “Processor”, “Personal Data” and “Personal Data Breach” in this Agreement shall have the meanings as defined in Data Protection Legislation.

2. All personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.
3. We have a separate Privacy Policy, which sets out the terms on which we process any Personal Data we collect from you, store, use and share such information or that you provide to us and where we act as a data Controller of your data. Please take the time to read this, as it includes important terms which apply to you. 
4. By accepting this Agreement, you consent to such processing, and you warrant that all data provided by you is accurate. 
5. In so far as the provision of our Services and the use of the Website involves us collecting, using, or holding or otherwise processing data obtained from you, which is Personal Data, we shall do so only in accordance with our Privacy Policy and in accordance with any lawful instructions given by you from time to time, and in accordance with the provisions of the Data Protection Legislation and your rights.
6. Where we act as a data Processor of your Personal Data, we confirm we shall comply with the Data Protection Legislation when processing Personal Data and following a written request from you, we shall provide such documentary information as may reasonably be requested by to demonstrate such compliance.
7. Where we do process Personal Data, the following provisions shall apply:
   1. Each of the parties acknowledges and agrees that this sub-clause is an accurate description of the details of the processing of Personal Data by us:
      1. The subject matter and duration of processing is the supply of our products and services to customers;
      2. The nature and purpose(s) of processing is to process orders and payments;
      3. Type(s) of Personal Data include information data, identity data, transactional data including the following: name, address, email address, financial information, telephone number, postal address;
      4. Categories of Data Subjects – Customers.
   2. We shall only process Personal Data in accordance with this Agreement, unless required to process such Personal Data for other purposes by applicable laws or regulatory authorities.  In such circumstances, we shall provide you notice unless the relevant law or regulatory authority prohibits the giving of notice on important grounds of public interest.
   3. The provisions of Articles 28(3)(b) to 28(3)(h) inclusive of the UK GDPR shall be incorporated into this Agreement by reference and we shall comply with the express obligations of a Processor as articulated in Articles 28(3)(b) to 28(3)(h) inclusive of the UK GDPR, provided that you may not instruct us to delete data that we hold on your behalf; and  (b) the requirements of Article 28(3)(b) of the UK GDPR shall not apply to persons that we are required by applicable laws or regulatory requirements to grant access to of any such Personal Data.
   4. You shall provide us with a general authorisation to engage further Sub-Processors who may process and access your Personal Data, to enable us to deliver our Services to you, such as our delivery partners. This will only be subject to the remaining provisions of this Agreement. We confirm we shall only engage Sub-Processors where they meet the requirements of Article 28 of the UK GDPR and where we consider them to be capable of providing the levels of protection for Personal Data required by this Agreement and under the Data Protection Legislation. We will monitor and review the performance of all such Sub-Processors regularly and we ensure high levels of due diligence are carried out before engaging any Sub-Processor.
8. You agree that to enable us to proceed under clause 4.6, we may transfer Personal Data outside of the European Economic Area and the UK, but, only where we have a lawful basis for that transfer, which shall include ensuring that the proposed transfer is based on adequacy regulations, or we shall ensure that there are appropriate safeguards in place pursuant to Articles 44-47 of the UK GDPR.
9. We agree that we shall notify you and without undue delay on becoming aware of any Personal Data Breach, which may affect you.
10. We shall take appropriate and technical organisational measures to ensure the adequate protection of your Personal Data which we will process when you subscribe to our Services.
11. You shall at all times be the legal owner of any Personal Data uploaded to the Website, and we shall ensure that we maintain integrity and confidentiality of that Personal Data.

5. OUR CONTRACT WITH YOU
   2. The advertising of the Website and the Services constitute an “invitation to treat”; and the Customer’s order for the Subscription Box to the Website and the Services constitutes a contractual offer. No contract will come into force between us and you unless and until you place a Booking with us and accept this Agreement.
   3. Upon submitting a Booking with us, we will confirm with you whether we are able to offer you our Services by way of confirmation or acceptance of your order. If we are unable to complete your Booking howsoever, we will advise you of this. We will guide you through the Booking process through our Website. No order will be deemed to be accepted unless we confirm this with you.
   4. Before making a Booking through the Website, you will be given the opportunity to make amendments, and we recommend that you check everything carefully before submitting your Booking to us.
   5. Any amendments to the Booking will only be effective, if agreed by us in writing.
   6. Your Subscription Box plan shall be effective from the Start Date and will continue on a monthly basis unless terminated otherwise by this Agreement.
   7. Where we offer any promotional codes, or offers, these can only be used once, and we reserve the right to withdraw any offers at any time. All offers are subject to availability. 
6. OUR RESPONSIBILITIES
   2. We shall provide the Services in accordance with your Booking.
   3. We aim to provide our Services to the highest standard. 
7. YOUR RESPONSIBILITIES
   2. You agree to provide us with all information that is necessary to enable us to provide the Services to you. 
   3. You confirm that the information set out in the Booking Form whether completed and or accepted / signed by you is accurate in all respects and you will notify us immediately if any changes need to be made.
   4. Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this clause shall not be our responsibility or fault.
8. SUPPLY OF SERVICES AND ACCESS TO THE WEBSITE
   2. We will make available the Website and the Services to the Customer by setting up an account for the Customer on the Website, and providing to the Customer login details for that account as soon as practicable following the Start Date. Access will only be granted to you.
   3. You acknowledge that our Services are subject to seasonal changes and fluctuations. The prices for our Subscription Fees will be listed on the Website. 
   4. You acknowledge that our Subscription Boxes may vary in weight and the average weight and guidance shown on the Website is for guidance and illustrative purposes. 
   5. Due to the nature of the products sold in our Subscription Boxes, there may be occasions, when we are unable to supply our Services to you. If for any reason therefore, we are unable to supply and deliver a Subscription Box to you, we will not charge you for the Subscription Fees due in that month. Where we have already taken payment, we will either refund you or offer a credit against a future Subscription Box. 
9. SUBSCRIPTION FEES AND PAYMENT
   2. Upon completing a Booking with us, you will be required to make a payment to us for any appropriate Subscription Fees payable as outlined in the Booking Form. Payments shall be made according to the type of subscription elected by you at the point of Booking.
   3. We use a third-party payment provider such as Stripe; to collect payments through the Website and we will collect payments monthly. You must pay the Subscription Fees and any delivery charges before we dispatch your Subscription Box. 
   4. We will not accept any liability if any Subscription Box is delayed because of your failure to make any payment due to us. 
   5. Subscription Fees will be charged in accordance with your chosen billing cycle i.e. monthly. 
   6. All payments required to be made pursuant to this Agreement by you, shall be made upon demand by us, in accordance with the agreed instalment and you agree that any failure to make such payments to us, will incur interest on a daily basis at 4% above the base rate of from time to time until payment is made in full of any such outstanding sums.
   7. We reserve the right to increase our fees as advertised by us or on our Website from time to time, but where this may affect you, we will notify you of any increase.
   8. If we have not received payment from you at the point upon which your subscription is due, and within 14 days after the due date, and without prejudice to our other rights and remedies as may be available to us, including the right to terminate, we may suspend our Services and your access to the Website.
10. DELIVERY OF THE SUBSCRIPTION BOXES
    2. We will provide delivery to all parts of the UK as set out on our Website in our delivery information section. 
    3. Delivery charges will apply as set out on our Website, according to your location at the point of your Booking. Delivery dates and times will be scheduled according to your Booking. 
    4. All Subscription Boxes will be delivered using a third-party delivery courier, but we ensure that the Subscription Boxes are packaged in insulated packaging to ensure the products stay fresh.
    5. You will be provided with a tracking number to maintain tracking of the Subscription Box, but it is important that you inform us about delivery dates and times because we cannot guarantee the exact time for delivery. 
    6. It is also important that your delivery address is correct at the point of placing your Booking. We cannot be responsible for any errors or omissions made by you in the Booking Form. 
    7. If you are not going to be available to take or accept the delivery of your Subscription Box, you must inform us of an alternative place for delivery such as a neighbour, or safe location.
    8. Due to the nature of the Subscription Boxes and the highly perishable products, if we are not able to deliver the Subscription Boxes safely, we may need to have the products disposed of and we will be under no further obligation to replace the Subscription Box, if we fail to deliver as a result of no one being home. 
    9. You also acknowledge that whilst we will make reasonable efforts to ensure deliveries are successful, deliveries will sometimes be subject to factors outside of our control, such as unforeseen circumstances or adverse weather conditions. 
    10. You are responsible for opening and inspecting the Subscription Box on delivery and storing our products correctly and in the right conditions i.e. keeping the products refrigerated.
    11. You acknowledge we will accept no liability for any loss, damage or otherwise arising as a result of your incorrect storage.
    12. Our Subscription Boxes will list all ingredients and allergens which are brought to your attention in this Agreement.  
11. YOUR RIGHTS 
    2. You have the right to cancel this Agreement within 14 days of entering into it, without giving any reason, unless you waive your rights to cancel, by placing a Booking for delivery of a Subscription Box within the 14-day window. 
    3. To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post or email) using the contact details listed in this Agreement at clause 3. 
    4. If you are entering into this Agreement as a business, we will only agree to a cancellation of our Services at our discretion, otherwise this Agreement shall remain in operation until termination of this Agreement.
    5. Due to the perishable nature of the products we sell, any rights of cancellation can only apply where we have not already supplied and delivered any orders.
    6. If for any reason following delivery, the Subscription Box is defective or not as described, you may exercise your consumer rights and notify us of the problem. We ask you to notify us within 2 working days following Delivery and provide evidence in support.
    7. We are under a legal duty to supply you with products that are in conformity with this Agreement. 
    8. If we deem the issue to be our fault, we will of course offer you a refund or a replacement product. Any refunds will be repaid back to the same method of payment by you within 14 days of us agreeing to provide you with a refund.
    9. We recommend you contact Citizens Advice Bureau or Trading Standards for any further information on your consumer rights.
12. LIABILITY
    2. You agree that you shall indemnify us and any successor to us, and to the extent required from time to time by us (or any such successor), our officers, agents, sub-contractors and employees, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us or any successor to us arising out of or in connection with your negligence, misrepresentation or the breach of any obligation to be performed by you under this Agreement.
    3. We will only be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of this Agreement, or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    4. Our maximum aggregate liability for breach of this Agreement (including any liability for the acts or omissions of its employees, agents or subcontractors) whether arising in contract, tort (including negligence), misrepresentation or otherwise shall in no circumstances exceed the price that you have paid to us under this Agreement, unless there is malice aforethought or gross negligence on our part. In any case, we shall only be obliged to compensate for personal and direct damage to you for which we are liable.
    5. Nothing in this Agreement seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
13. TERMINATION OF THIS CONTRACT
    2. We may end this Agreement with you at any time by contacting you if:
       1. you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
       2. you do not, within a reasonable time of us asking for it, provide us with information that is required to enable the Programs to be delivered to you by us; and
       3. we wish to do so and for no reason.
    3. You may end this Agreement by giving us one month’s written notice of termination of your Subscription with us.
    4. If this Agreement is ended, it will not affect our right to receive any money which you owe to us under this Agreement. 
14. INTELLECTUAL PROPERTY RIGHTS
    2. We own or licence all rights, title and interest in and to all of our Intellectual Property Rights including but not limited to the copyright and trademarks in the Website and our Services. Except as expressly stated in this Agreement, this Agreement does not confer any other rights or transfer of our intellectual property rights on the Website and all rights not expressly granted are reserved by us. The structure, code and organisation of the Website are the valuable trade secrets and Confidential Information of us.
15. CONFIDENTIALITY
    2. During the term of the Agreement and for a period of five years thereafter, each party undertakes not to disclose information to any third party regarding the other party’s activities which may be deemed business or professional secrets without the other party’s consent. Information which the party states to be confidential shall always be deemed to be a business or professional secret.
    3. The confidentiality obligation does not include such information which was in the other party’s lawful possession before the disclosure; is lawfully disclosed to the receiving party by a third party without restriction on disclosure; is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
    4. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
    5. This clause shall survive termination of this Agreement, however arising.
16. MISCELLANEOUS
    2. You may not transfer your rights or obligations under this Agreement, but we may transfer our rights under this Agreement to someone else.
    3. These terms and conditions and any other documents referred to in this Agreement constitute the whole agreement between you and us, and supersede all previous discussions or communications. 
    4. The invalidity of one or more of the provisions of the Agreement between the parties does not affect the validity of the remaining provisions. In the event that a provision should be invalid, the parties shall replace it by a new provision that adheres as closely as possible to the objectives of the original provision.
    5. The Agreement shall be governed by and interpreted in accordance with laws of England and Wales and shall be subject to the jurisdiction of the English courts.
    6. Nobody else has any rights under this Agreement. This Agreement is between you and us. 
    7. The Contracts (Rights of Third Parties) 1999 shall not apply to this Agreement and person other than the parties to this Agreement shall have any rights under it.
17. DISPUTES
    2. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Subscription Boxes you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out in clause 3. 
    3. If a dispute cannot be resolved in accordance with clause 17.1, or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
18. EVENTS OUTSIDE OF OUR CONTROL
    2. We will not be liable for any failure to perform, or delay in our performance of, any of our obligations under this Agreement which are caused by events outside of our control.