The Food Witch - terms and conditions
Last updated: October 2022
These Terms and Conditions apply to use of this website (“our site”, “the site”, “our website”) and goods (“goods'‘, “products”) and services supplied to you, by us (“Sal Dhalla”, “Salima Dhalla”, “Salimah Dhalla”, “Us”, “We”, “Our”, “The Food Witch”).
Please read these Terms and Conditions carefully before using our website, products and services. Please note this also refers to all associated / registered domains e.g. www.thefoodwitch.uk, www.thefoodwitch.org, www.thefoodwitch.net, www.thefoodwitch.co.uk
Your access to and use of the site and our goods and services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the site, goods and services.
By accessing or using the site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the site.
Purchases - Terms and Conditions
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. Also, for event catering only, see Catering T’s and C’s.
If you wish to purchase any goods or services made available through the site, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, payment not being authorised, errors in pricing or product description, website or third party technical failure, error in your order or other reasons. You expressly agree that Salima Dhalla cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
All goods and services are subject to availability. In the unlikely event that we are unable to supply you with your ordered goods or service, we will notify you as soon as we can. We will do our best to offer you a similar or substitute item. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable order.
Detailed ingredient and allergen information is available on request by emailing sal@thefoodwitch.com for food orders and event catering. Please make sure to read labels for any allergy information or enquire with us directly for details. Do not solely rely on the information given on the website as mistakes can occur. Whilst we try to make sure that they are as accurate as possible, all sizes and measurements are approximate. All product images on the website may vary from the computer screen image you see e.g. in terms of exact colour. We cannot guarantee that the image is an identical representation of the product you will receive. Whilst every effort is made to avoid cross-contamination, our products are produced in a kitchen that handles and stores nuts, milk and cereals containing gluten. Trace allergens may be present.
All product prices are in GBP but exclude delivery costs. We reserve the right to amend prices at any time at our discretion (but not after we accept orders). For retreat/private chef and catering orders we will take either full payment in advance (orders under £500) or a deposit of 50% in advance (orders over £500). Our prices are for quoted services only - if we are catering your event and providing waiting staff and/or chefs this will be charged at an hourly rate and will be agreed in advance with you, as will any additional costs for equipment hire - see Catering T’s and C’s for full terms relating to event catering and private/retreat chef services.
Delivery - Terms and Conditions
As we produce most of our goods to order, we will normally be in touch with you directly to arrange delivery dates and times. We aim to process and deliver orders within 3-5 working days but this is an estimate and subject to change depending on the size of your order or any bespoke requests. We currently deliver to the London, Greater London area. We do not offer a national delivery service at this time but we can accommodate specific requests on an ad hoc basis – so please get in touch by contacting sal@thefoodwitch.com we will try to help and quote a delivery price specific to your needs.
We aim to provide you with excellent service and deliver your orders within agreed delivery timeframe estimates (although we cannot guarantee a specific time). If you haven’t received your items within the delivery timeframe indicated, then contact us at sal@thefoodwitch.com. Please make sure the delivery address and postcode are correct, as we take no liability for goods being undelivered due to incorrect information. It is also your responsibility to ensure someone will be available to accept the delivery if a timeframe has been agreed. Risk of damage or loss to the goods supplied passes to you when delivery is attempted whether successful or not. We cannot accept any claim for damage or deterioration after the delivery has been made. This does not affect your statutory rights.
Classes, Workshops & Courses - Terms and Conditions
All open class and workshop places (online and in-person) are non-refundable, but they are transferable. If you are unable to attend your booked class, you can either offer your booking to another person yourself or you can transfer your booking to a different day. Please contact sal@thefoodwitch.com as soon as possible to let us know if you can’t attend. Please provide at least 1 weeks notice for open sessions and at least one month notice for private sessions. If you cancel later than this, transfer and availability of another spot is at our discretion and will not be guaranteed.
If within the cancellation policy, the amount originally paid can be transferred to another class but is only valid in the form of a credit of the exact amount paid and is valid for 6 months from the payment date. We are not held liable for weather, travel, illness or any other situations that occur out of our control.
In cases where a deposit has been paid, the final payment will be due at least 1 month before the course date. The deposit are non-refundable and will be non-transferable after the 1 month mark. If payment has not been made on the due date we hold the right to release your reservation. If you are unable to attend for whatever reason and you have missed the cancellation timeline, you are free to gift or resell your booking but we then hold no obligation to refund or transfer your booking.
In the unlikely event the minimum places do not get filled we will, at your convenience, transfer you onto another course; if this option does not suit, you will receive a full refund (not applicable for vouchers).
Those who purchase a voucher are responsible of making the recipient aware of these terms & conditions.
Please email us if you think you have purchased an online course in error within 24 hours and as long as you haven’t access the product we will refund you. Otherwise, online courses and video tutorials are non-refundable and any refund for course payments will be entirely at our discretion. Some of our courses are hosted by Podia.com and you will be hosted and your information stored on their platform not on our servers and database.
We will send you ingredients and equipment lists in advance of your class, and it is your responsibility to ensure you have these in place for the class. No liability will be accepted if you are unable to fulfil those requirements. For online classes it is also your responsibility to ensure you have the appropriate technical capability to attend.
Private Classes: Prices for private classes are quoted on a given number and if the numbers decrease, prices are subject to increase. A non-refundable 50% deposit is required upon booking, to secure a date for a private class. Full payment will be taken 2 weeks before the class. Refunds are not given once payment has been taken for a private class as it is not practical to replace with another booking at short notice. Transfers will be made at our discretion.
When attending a class in person or online you agree to the following:
Wear appropriate clothing, including flat, covered shoes, in the kitchen. Remove jewellery and keep hair covered/tied back where appropriate.
Do not attend an in person class if you are unwell or have been in the preceding 48 hours. Get in touch to reschedule/transfer your place within the parameters above.
Under no circumstances will you be permitted to participate in a class if you are under the influence of alcohol/other substances. No refunds/transfers will be offered in this case.
Only paying guests are permitted to be in the class kitchen. No children under the age of 18 will be permitted to participate in or observe classes.
You will follow instructions on hygiene and safety during your class, and take extra care when handling equipment and be aware of your surroundings and potential hazards in a kitchen. We will suggest measures to ensure a safe environment. By participating in a class, however, you acknowledge that we cannot be responsible for your health and safety at all times, both for in person and online classes. You agree that you are ultimately responsible for your own health and safety, and that there is an element of risk involved in participating in a cooking class.
You are responsible for ensuring ingredients you purchase meet your dietary needs and are safely stored, transported and prepared: prior to, during and after the class.
After the class you will follow instructions for the preparation, storage, cooking/reheating and consumption of what has been prepared.
You will indemnify and hold us harmless from all claims, damages, liabilities and causes of action which may arise as a result of: your preparation, storage, re-heating and consumption of food after your class; any loss of property; any injury or damages sustained as a direct or indirect result of your involvement in a class.
Our kitchen is used for many food purposes and we therefore cannot guarantee a completely allergen free environment. We offer a variety of gluten free, vegan and other “-free” menus but please note we are not held liable for any severe allergies or cross-contamination in our kitchen, your home or in private venues.
All property which you bring to classes or events is brought entirely at your own risk and we cannot accept any responsibility for any loss or damage to the property of any students belongings, nor do we accept any liability to any student.
For the duration of a cookery class (on our premises, an external venue, in your private residence or online), and when you are not on the property, we do not accept responsibility for any injury which you incur. If there are damages to the venue and/or its contents the event organiser or participant will subsequently be billed.
Our liability to you shall not exceed the total price paid for the class(es).
These terms do not exclude our liability to you caused by our negligence or any other losses which cannot be excluded or limited by applicable law.
General Terms and Conditions
By using our website, products and services you agree that you will not at any time when using them:
Do anything illegal or infringe on the rights of other people including us
Do anything libellous, breach privacy or harass/cause distress to another person
Dsicolse any private or third party information that ought to be regarded as confidential
Intellectual Property and Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the designs, text, graphics, the selection and arrangement and all other material which are copyright of The Food Witch / Salima Dhalla, except where this is stated otherwise, and may not be reproduced or distributed without our express written permission.
You may view the site and download any part of it to a personal computer for personal viewing and private purposes. You are not permitted to: store this site or any part of it or print out copies except for your own viewing or for private purposes; re-publish this site for commercial purposes or reproduce, copy or transmit it for any purpose or in any other medium; alter the content in any way. Any documents (recipes and photos) that we give to you as part of your use of our goods and services, are for your private or domestic use only, unless expressly agreed with us for commercial purposes (such as event marketing), in writing.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
You are prohibited from using this website to post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material that would violate any law. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Squarespace/Stripe: This site is subject to the terms and privacy policies of both Squarespace and Stripe. This site is built using Squarespace, and uses Squarespace's commerce function to take and process orders. This site's payment processing system is run using Stripe. Squarespace and Stripe may have access to your information as they support this site in its authorised use of your information. Their terms and conditions and privacy policies are available on their websites.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the site. The products or services available on our site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We aim to keep the site up to date and available at all times, but cannot guarantee this. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Our site is for your enjoyment and to offer information about our goods and services, nothing on the site nor the services offered constitute financial, nutritional, legal or technical advice and should not be relied on for such purposes.
This does not affect your statutory rights.
Links To Other Web Sites
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You further acknowledge and agree that Salima Dhalla shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless us/Salima Dhalla, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the site, goods and services, b) a breach of these Terms, c) your violation of any law or the rights of a third-party.
Limitation Of Liability
Excepting any legal responsibility that cannot be excluded under law, in no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the site, products or services, or for any other claim related in any way to your use of the site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Only you have the right to enforce these Terms.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the English courts. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. All rights not expressly granted herein are hereby reserved. These Terms and conditions of use supersede any prior or contemporaneous communications between this website or affiliates and you regarding this website and its content
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our site, goods or services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Contact Us
If you have any questions about these Terms, please contact sal@thefoodwitch.com.
Refunds Policy
By law, unless they are damaged or faulty, you cannot return or obtain a refund for perishable items including food or, personalised items made to your own specifications except where you have selected from pre-determined options or standard off-the-shelf components. Therefore we do not accept returns for perishable items. Please get in touch with us before you destroy or discard any product, and agreed that doing so won't affect any refund or replacement process. In case of the product arriving damaged / faulty, please take a picture as that will help us resolve the case faster and process refunds where applicable. We always strive to deliver excellent customer service and top quality food. If for any reason you are not happy with the goods you have received, please contact us within 24 hours on sal@thefoodwitch.com to discuss the problem. Refunds will be at our discretion. Classes, workshop and event tickets and courses are non-refundable, but can be transferred to another person on request (please email sal@thefoodwitch.com). If you can’t transfer to someone else, you can be waitlisted for a future date (please email). Deposits taken for catering or bespoke orders are non-refundable - see Catering T’s and C’s for full terms relating to event catering. Changes to orders will not be accepted less than 48hrs before delivery, normally. We may stipulate specific timeframes for changes to bespoke or large orders. If you would like to change or cancel your bespoke order please get in touch as soon as possible after placing it. Digital products and downloads are non-refundable. Books can be returned if they are unused and in saleable condition, please let us know by emailing sal@thefoodwitch.com within 7 days of receiving your book. You will be liable for postage and refunds will only be processed once received and verified.
Contact
Please feel free to get in touch by emailing: sal@thefoodwitch.com
Disclaimer
The information contained in this website is for general information purposes only and is subject to change without notice. The information is provided by us and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Your use of the site is at your sole risk. Our site is for your enjoyment and to offer information about our goods and services, nothing on the site nor the services offered constitute financial, nutritional, legal or technical advice and should not be relied on for such purposes. The site is provided on an "AS IS" and "AS AVAILABLE" basis. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website or goods and services supplied by us. The site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. We have no responsibility and do not accept liability for the content of the linked website(s).
Every effort is made to keep the website up and running smoothly. However, we no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. We make no warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this site. Salima Dhalla, subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.