TERMS & CONDITIONS

WEBSITE TERMS OF USE


Welcome to the MasterChef website operated by the Great Product Exchange Ltd (“we” “us” or “our”). These website terms and conditions of use (“Terms of Use”) set out the rules for accessing, using and posting content on the MasterChef website and any other account or pages created and/or operated by us on online/ social media platforms such as Twitter, Facebook, YouTube and Instagram (“Social Media Platform(s)”) (but not the Social Media Platforms themselves).

In these Terms of Use, any references to “Our Sites” are to this website and any other account or pages created and/or operated by us on Social Media Platforms (but not the Social Media Platforms themselves).

These Terms of Use apply to your use of Our Sites. By accessing and continuing to use Our Sites you confirm that you agree to these Terms of Use.

We may make changes to these Terms of Use from time to time. Your continued use of Our Sites shall be considered acceptance to such changes. If you come back to visit Our Sites at a later date be sure to check back to this page to check that you have read the latest version of these Terms of Use.

  1. Terms and Conditions of Sale
    1. Goods sold through Our Sites are sold subject to the applicable Terms and Conditions of Sale:
      1. for Shop Items these are available by clicking this link.
    2. Our Policies
      1. Your personal details:To see how we use any personal details that you give us or which we may collect through your use of Our Sites, please read our Privacy Policy which is available by clicking this link and our Cookie Policy by clicking this link.
      2. Accessibility Policy:To see what we do to make Our Sites accessible to all, please read our Accessibility Policy by clicking this link.
    3. Our Sites’ content
      1. We may from time to time change the content on Our Sites, update Our Sites, or suspend or discontinue any aspect of Our Sites.
      2. Whilst we have taken reasonable care to ensure that the information placed on Our Sites by us is accurate, Our Sites have been created on an “as is” basis and we do not make any representations or warranties as to the accuracy or completeness of Our Sites, nor do we warrant that any of Our Sites will be available uninterrupted and in fully operating condition.
    4. Intellectual Property Rights in Our Sites
      1. All intellectual property rights, including copyright, in Our Sites, in the content of Our Sites (including images, text and product descriptions) and in the brand names, trade marks and domain names used on Our Sites belong to us or our licensors (as the case may be) and no rights are assigned to you by virtue of your access to and use of Our Sites. You can access, view and/or use any functionality on Our Sites and keep a copy of the information on Our Sites for your personal use only (provided that you clearly mark any copy as originating from Our Sites and do not alter or modify any copy in any way).
      2. You may not use Our Sites (including copying in whole or in part) for any commercial or business purposes including selling or otherwise exploiting Our Sites or any content included on Our Sites.
    5. Your access to and use of Our Sites
      1. You must not misuse Our Sites or our system. In particular, you must not attack, hack into, circumvent security or otherwise disrupt the operation of Our Sites or our system. You must not transmit to or from Our Sites or our system any material which is technologically harmful including computer viruses, Trojan horses, worms and logic bombs.
      2. You are responsible for ensuring that your computer system is adequately protected from computer viruses and hackers.
      3. You must not attempt to auto-download, or mass download content from Our Sites. Using software that attempts to connect to Our Sites and copy large amounts of data is prohibited.
      4. We may, at any time, restrict access to any user if we deem (at our sole discretion) there to be inappropriate use of Our Sites.
      5. If you set up an account through any of Our Sites, you are responsible for keeping your username and password secure and confidential. You shall be solely responsible for the activity that occurs on or through your account.
    6. Content you post or upload
      1. You and/or other users may post comments, reviews, photos, pictures, videos, audio or other material (“Content”) to any of Our Sites, where we provide the functionality to do so. Such Content will not be verified or approved by us and we are under no obligation to monitor, review or moderate any such information or materials. The views expressed by other users on Our Sites do not represent our views or values.
      2. By submitting any Content to Our Sites you agree to the following:
        1. you grant to us, our licensees, assigns and successors in title a worldwide, non-exclusive, royalty free, transferable licence to edit, modify, adapt, translate, publish, reproduce, copy, store, perform, transmit, display and otherwise use your Content in any and all media in connection with the provision of Our Sites and for the purposes of marketing, promoting and publicising Our Sites, the goods available through Our Sites and for other purposes connected with Our Sites, our goods and our business;
        2. you grant to each user of Our Sites a worldwide, non-exclusive, royalty free licence to access, view and use your Content; and
        3. you grant to MasterChef (our licensor and the production company behind MasterChef) (“MasterChef”) a worldwide, non-exclusive, royalty free licence to edit, modify, adapt, translate, publish, reproduce, copy, store, perform, transmit, display and otherwise use your Content in any and all media including within their programmes, their associated websites and social media pages.
      3. If you post or upload Content to Our Sites, you acknowledge that your Content and your username may be published on Our Sites and therefore made available to other users of Our Sites. If we (or our licensees, assigns or successors in title), or MasterChef use your Content, in accordance with these Terms of Use, then we (or our licensees, assigns or successors in title) or MasterChef (as applicable) may (but are under no obligation to) name you as the source or owner of such Content.
      4. When you post or upload Content you confirm that:
        1. your Content is your own original work and has not been copied wholly or substantially from any other work or material or any other source, you are responsible for all the creative ideas and for the execution of your Content and you have not had any assistance or input from any other person; and
        2. anyone depicted in your Content has given their permission to be included and used in your Content and you have and will continue to have all necessary rights and permissions (including, for example, in relation to any third party intellectual property rights, moral rights, image rights and/or rights of privacy) which are required to upload your Content to Our Sites and for you to grant the licences set out in this paragraph 6.
      5. You will not use or upload your Content onto Our Sites in order to sell, advertise or promote your or any third party goods or services.
      6. You will not use your Content as a way to collect personal data about any users of Our Sites or any other information such as location and preferences of users.
      7. You agree that you will not use Our Sites or your Content to:
        1. send duplicative or unsolicited messages (i.e. spam mail);
        2. send or store any Content which is unlawful, infringing, offensive, indecent, discriminatory, defamatory, threatening or which may otherwise cause distress or annoyance to users;
        3. send or store any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
        4. do anything unlawful, misleading, malicious or discriminatory; or
        5. do anything that could disable, overburden or impair the proper working or appearance of Our Sites.
      8. If we become aware (although this is not to say that we will be monitoring Content) that you have posted or uploaded Content to Our Sites which violates these Terms of Use we may (without liability to you) remove such Content.
      9. If you become aware of any other users posting Content to Our Sites that may violate these Terms of Use, please notify us. We may (but have no obligation to) investigate such Content and may (but have no obligation to) remove Content that we in our absolute discretion deem to violate these conditions.
    7. Linking to Our Sites
      1. You may not create a link to Our Sites or frame Our Sites on any other site without our prior written consent.
    8. Links to other websites and social media platforms
      1. Our Sites may contain links to third party websites or resources. We have no control over such websites or resources and accept no responsibility for them. These links are provided for information only.
      2. If you decide to access any third party websites or resources from Our Sites, you do so at your own risk. We do not recommend or endorse any goods or services advertised on third party websites or resources. All such third party websites and resources are governed by their own terms and conditions, cookie policies, privacy policies and other policies (which can be accessed via the applicable website). Where you access third party websites or resources, we encourage you to review the terms and conditions and policies on that third party website or resource to check that you are happy with their terms.
      3. You may access Our Sites via links on other third party websites or via Social Media Platforms. We are not responsible for these websites and/or Social Media Platforms (including any content not posted by us and/or any goods or services offered or supplied through the Social Media Platforms) or any link or third party post contained in these websites and/or Social Media Platforms. All such websites and Social Media Platforms are governed by their own terms and conditions, cookie policies, privacy policies and other policies (which can be accessed via the applicable website or Platform). Where you access Our Sites via a third party website or Platform, we encourage you to review the terms and conditions and policies on that third party website or Platform to check that you are happy with their terms. These Terms of Use only apply to the use of Our Sites.
    9. Liability

Our liability to you

  1. We do not exclude liability for
    1. death or personal injury caused by our negligence;
    2. our fraud or fraudulent misrepresentation; or
    3. any other liability that cannot be excluded or limited by law.
  2. Subject to the above paragraph:
    1. we exclude all conditions, warranties, representations or other terms which may apply to Our Sites or any content on it, whether express or implied; and
    2. we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) your use of, or inability to use, Our Sites; (ii) your use of or reliance on any content or information displayed on Our Sites or (iii) any third party use of your Content (it is for you to monitor any third party use and to take action against such third party if you deem it necessary).
  3. We only provide Our Sites for domestic and personal use and as such we will not be liable to you for any commercial or business losses such as loss of profit, loss of business, business interruption or loss of business opportunity.

Your liability to us

  1. We may hold you responsible if you fail to comply with these Terms of Use and we suffer any loss as a result.
  1. Other terms
    1. Our rights and obligations can be transferred to others, but this will not affect your rights under these Terms of Use.
    2. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
    3. Failure or delay in exercising any right under these Terms of Use shall not prevent the later exercise of that or any other right.
    4. These Terms of Use shall be governed by English law. If you need to enforce your rights under these Terms of Use against us, you can bring proceedings in your local court wherever you are resident within the United Kingdom.

WEBSITE TERMS OF SALE
  1. Introduction
    1. The MasterChef: Terms and Conditions of Sale – Shop Items (“Terms”) govern the sale of goods (including equipment, accessories and one off purchases through our online shop (“Shop Items”) via the MasterChef website (“Website”).
    2. Please read all of these Terms carefully before placing your order for Shop Items. By placing your order, you confirm that you have read these Terms and agree to be bound by them.
    3. You should save a copy of these Terms for future reference.
  2. Changes to our Terms
    1. We may change these Terms at any time by posting a new version on our Website.
    2. Changes to these Terms will not apply retrospectively; if you and we have already entered into a Contract (as defined in the “Order Process” section below), the Terms of that Contract will not change. Changes to these Terms will apply to any further orders you place after the date the new Terms including the change are posted on our Website.
    3. If you choose to place further orders for Shop Items through the Website, you should check that you have read the latest version of these Terms before placing your order as you will be agreeing to be bound by them.
  3. Our details

In these Terms “we”, “us” or “our” refers to The Great Product Exchange Ltd. Our company details are as follows:

  • Registered in England and Wales
  • Company Registration Number: 09189901
  • Registered Office: Royal Chambers, 110 Station Parade, Harrogate, North Yorkshire, HG1 1EP
  • VAT number: GB 196504190
  1. Your personal details

We will only use your personal details and any personal information you submit to us (“Personal Data”) in accordance with our privacy policy (“Privacy Policy”), which you can access by clicking this link: here. We recommend you read our Privacy Policy as it contains important information about how we handle your Personal Data and when we may contact you.

  1. Your status
    1. Shop Items are only intended for use by consumers; that means that you can only buy Shop Items through our Website for your personal use and not for any business purposes. We do not sell to businesses through this Website.
    2. Due to the nature of some of the Shop Items, we do not sell to anyone under the age of 18.
    3. By placing an order with us, you are confirming to us that:
      1. you (and the intended recipient, where applicable) are a consumer and are not purchasing Shop Items for any business-related purpose; and
      2. you are at least 18 years old;

We reserve the right to reject or cancel your order if we reasonably think that you do not meet any of the above requirements (although we may attempt to contact you beforehand).

  1. If you are buying Shop Items for someone else and those Shop Items are to be delivered to their address, you confirm that you have their consent to share their personal details with us and for us to deliver those Shop Items directly to them.
  1. Description of Shop Items
    1. Each Shop Item is sold subject to its product description which may set out additional conditions specific to that Shop Item including, without limitation, any product warranty or guarantee.
    2. We take all reasonable steps to ensure that all details, descriptions and prices for Shop Items appearing on the Website are correct.
    3. Images of Shop Items are included for illustrative purposes only as the representation of Shop Items (including colour and finish) is dependent on factors outside our control such as your computer, tablet or mobile device screen or settings.
    4. All Shop Items shown on our Website are subject to availability.
  2. Order Process
    1. You will be guided through the order process by a series of simple instructions on the Website.
    2. When ordering, you will need to provide us with certain personal details including your name, address, email address and telephone number in order that the purchased Shop Items can be delivered. If you are buying Shop Items for someone else and want those Shop Items to be delivered to them directly to their own address, you will need to provide us with the personal details of the person for whom you are buying the Shop Items. Please take the time to check that the information you provide us with is correct and complete. We cannot be responsible for any delays or failure to deliver any Shop Items because of inaccurate or incomplete information.
    3. Your order summary will set out all the details of your order. Please take the time to check that all the details of your order (including quantities and delivery address) are correct before you place your order. Place your order by clicking "Place my order" at the end of the checkout process.
    4. If we accept your order, we will send you an email confirmation. A legally binding contract will not be formed between you and us until we send our email confirmation. The contract between you and us is made on these Terms (“Contract”).
    5. We may refuse or cancel your order (in whole or in relation to particular Shop Items) for any reason before we dispatch the Shop Items including, without limitation, unavailability of Shop Items, our inability to obtain authorisation for your payment, you not meeting the eligibility criteria in these Terms or problems with our Website. If we have taken payment prior to our refusal or cancellation of your order, we will refund the price you paid to us for the Shop Items (and any delivery charge if we refuse or cancel the whole of your order) using your original payment method; it can take up to 14 days for the refund to reach your account.
    6. We recommend that you keep a record of your order number. If you contact us about your order, we will ask you for your order number and order details so that we can find and track it on our system.
  3. Prices and payment
    1. The price of each Shop Item is the price displayed on our Website at the time you place your order. All prices include VAT at the applicable current rate.
    2. From time to time we may offer discounts and special offers. Discounts and special offers are subject to availability. Each discount or special offer will be subject to its own additional conditions which will be on our website or, if applicable, in the email that we send to you notifying you of the discount or special offer. You must comply with those additional conditions to be eligible to receive the discount or special offer (e.g. how to claim, when it can be used, how many times it can be used, when it expires etc.).
    3. Delivery charges may apply for delivery of Shop Items, our delivery charges are as quoted on our Website from time to time and will be shown in your order summary before you place your order.
    4. The total amount you will pay for your Shop Items, taking into account any delivery charges, discounts or special offers, will be shown in your order summary before you place your order.
    5. Payment must be made by credit or debit card. We accept all major credit and debit cards (including Visa, MasterCard and Amex) and wallets (including Apple Pay and Google Pay). Payment is taken in full at the time you place your order.
  4. Delivery
    1. We only deliver to addresses within the United Kingdom.
    2. Any delivery dates provided are estimates only. We cannot guarantee the exact date that you will receive your Shop Items. We will notify you, via email, of dispatch of your Shop Items. Our email will include the tracking information provided by our courier, Royal Mail, which will enable you to track delivery of your Shop Items through their online tracking system. Neither our email nor the tracking information can be taken as a guarantee that your delivery will arrive on a specific date. You can find further information about delivery on Royal Mail’s website at https://personal.help.royalmail.com/app/home.
    3. We will deliver to the address you provided to us at the time you place your order.
    4. If you are unavailable to take delivery of your Shop Items, you can provide our courier, Royal Mail, with a nominated “safe place” to leave the parcel (you will be able to do this when Royal Mail provide you with the tracking number for the delivery of your Shop Items). If they are unable to deliver to your “safe place”, they will attempt to leave it with a neighbour or deliver to your local delivery office. A calling card will be left informing you of your parcel’s location (if you need to collect your parcel, instructions for collection will be on the calling card). Your delivery instructions are given at your risk and neither we nor our courier will be responsible for any loss or damage caused by following your instructions.
    5. If delivery of any of your Shop Items is delayed by an event outside our control (for example, bad weather, strikes, fuel shortages, road blockages, power failure, epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction etc) and there is likely to be significant delay in delivery, then we will contact you, by email, as soon as possible to let you know. We shall have no liability, nor shall we be deemed to be in breach of contract for any delay or failure in performance (in whole or in part), which results from an event outside our control. When we contact you to let you know that there is likely to be a significant delay in delivery, we will give you the option to end the Contract. If you choose to end the Contract, we will refund the price you paid for any Shop Items not delivered (and any delivery charge if no Shop Items have been delivered) using your original payment method; it can take up to 14 days for the refund to reach your account.
  5. Cancellation, returns and refunds
    1. If you change your mind about any Shop Items, you can return them (subject to the exception detailed below). Your right to return Shop Items is in accordance with your legal right to change your mind and cancel the Contract (cancelling the Contract means that you need to return all Shop Items in your order (again, subject to the exception detailed below at Clause 10.4).
    2. To exercise your right to change your mind you must comply with the following conditions:
      1. you have 14 days to let us know that you have changed your mind, by completing the Cancellation and Returns Form on our Website here. This 14 day period runs from the day on which you receive your Shop Item(s). If you have ordered a number of Shop Items, we may send them in separate parcels, if we do, the 14 day period will run from the day that you have received all your Shop Items (i.e. 14 days from the day that the last of your Shop Items arrives);
      2. you have a further 14 days to return the Shop Item(s) to us (our address to return Shop Items to us is The Great British Exchange, Unit 1 & 2, Kingsley Farm, Kingsley Road, Harrogate, HG1 4RF). This 14 day period runs from the day you complete the Cancellation and Returns Form (“Return Period”);
      3. all Shop Items (including any product packaging or labels) must be returned to us unused and in the same condition as they were sent to you; you are responsible for ensuring that the Shop Items are adequately packaged to reach us in the same condition and within the Return Period; and
      4. you will need to arrange return delivery to us and must pay all postage/courier charges. Please keep your proof of postage receipt or tracking code until you have received your refund.
    3. If you meet all the above conditions as set out in Clause 10.2, we will process a full refund for the price you paid to us for the Shop Items, within 14 days of the day on which we receive your returned Shop Items. We will refund you using the original payment method. If any Shop Items are not returned in the same condition as they were sent to you, but you meet all the other conditions above, we will reduce your refund by a reasonable amount to reflect any reduction in the value of those Shop Items.
  6. Damaged, Faulty or Missing Items
    1. If, on delivery, any Shop Items arrive damaged, faulty or missing, we will offer you a replacement or refund in accordance with the remainder of this section.
    2. For faulty or damaged items, we will require photographic evidence of the fault or damage. Contact our Customer Service Team within 30 days of receipt of the Shop Item(s) in the first instance and they will instruct you on how to proceed (which may include returning the faulty or damaged Shop Item to us).
    3. If we ask you to return the faulty or damaged Shop Item to us, we will reimburse any reasonable costs you incur in returning the faulty or damaged Shop Item to us (proof of your payment of any such costs will be required).
    4. If you choose a replacement Shop Item, we will deliver the replacement Shop Item free of charge.
    5. If you choose a refund of the price you paid for the Shop Item, the refund will be made using the original payment method:
      1. if we ask you to return the faulty or damaged Shop Item to us, within 14 days of our receipt of the returned faulty or damaged Shop Item; or
      2. otherwise, within 14 days of our offering a refund.
    6. You will not be eligible for a replacement or a refund if the defect in the Shop Item arises from any misuse or incorrect use by you, including, but not limited to, incorrect storage of the Shop Item, mishandling or use of the Shop Item in any way other than as recommended.
  7. Our liability to you
    1. If we fail to comply with these Terms, we shall only be liable to you up to the price you paid for the Shop Item(s) giving rise to your claim. We are only responsible for any loss or damage that you suffer that is a foreseeable result of our failure to comply with these Terms or our negligence. We are not responsible for any loss or damage that you suffer that is not a foreseeable result of our failure to comply with these Terms.
    2. Nothing in these Terms excludes or limits our liability for:
      1. death or personal injury caused by our negligence or the negligence of our employees acting in the course of their employment;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (broadly, the terms implied are that we have the right to sell the Shop Items to you);
      4. breach of terms implied by sections 13 and 14 of the Sale of Goods Act 1979 (broadly, the terms implied are that the Shop Items will meet their description, be of satisfactory quality and fit for purpose);
      5. defective products under the Consumer Protection Act 1987; or
      6. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
    3. We only supply Shop Items to consumers for personal use. If you use Shop Items for any commercial, business or resale purposes, we will not be liable to you for any commercial or business losses such as loss of profit, loss of business, business interruption or loss of business opportunity.
    4. None of these terms restrict any of your statutory rights as a consumer. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizens Advice Bureau.
  8. Other terms
    1. The Contract is binding on you and us and on our respective successors and assignees.
    2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
    3. Failure or delay in exercising any right under these Terms shall not prevent the later exercise of that or any other right.
    4. The Contract between you and us is governed by English law. If you need to enforce your rights under the Contract against us, you can bring proceedings in your local court wherever you are resident within the United Kingdom.
    5. If there is a dispute between you and us, we would hope to be able to resolve any such dispute with you ourselves (any disputes should be raised with our Customer Service Team). If you and we are not able to resolve the dispute then you may wish to attempt to resolve the dispute through alternative dispute resolution (alternative dispute resolution is a process where an independent body considers the facts to a dispute and seeks to resolve the dispute between the parties without them going to court).