- That you have a Yale Keyless Connected Smart Door Lock installed at the property or will have one installed before the date of the Delivery
- That you will change your Smart Lock code after every Delivery that is made using the While You’re Away Delivery service
- That your fridge/freezer will have enough space for your groceries on the day of Delivery
- That you are happy to receive push notifications about your Order via the App
- That there are no dogs or indoor cats in the property where the Delivery is to be made
- That your property does not share a front door with any other property
- That there will be no one unsupervised under the age of 18 at the property during the time when Delivery is made
- That you will disable any burglar or house alarm on the day of Delivery and ensure that this will not invalidate or void any home insurance policy that you may have in respect of the property; and
- That you will notify us if any of the above circumstances change
Terms and Conditions for the Supply of Services
- Order – means an Order made by you on www.waitrose.com for the Delivery;
- Delivery – means the Delivery of your Order placed through the Website for the Goods in the way more specifically described in clause 5 of these Terms and Conditions;
- Delivery Slot – means the time that the Order will be carried out;
- Goods – means the products Ordered by you through the Website;
- Driver - means the Partner that will deliver your Goods during a Delivery
- Restricted Items – Goods which we are only legally permitted to sell to customers over 18 years of age including, but not limited to, analgesics, alcohol, butane gas, certain CDs / DVDs / Games, cigarettes and tobacco products, e-cigarettes, crackers containing sparklers, fireworks and sparklers, knives / razor blades, gardening tools, lottery tickets and scratchcards, party poppers, solvents and petrol.
- Terms and Conditions - means these terms and conditions;
- We/us/our - means Waitrose Limited (company number 99405);
- Website – means the website at www.waitrose.com;
- Trial - means the trial of a in-home delivery service provided by Waitrose using Yale Keyless Connected Smart Door Locks.
- Onboarding Site - means the website at www.wya.waitrose.com;
- The App - means the WYA iPhone or Android app
- You – means the person or organisation who places an Order through the Website.
- Yale Keyless Connected Smart Door Lock / Smart Lock - means Yale Keyless Connected Smart Door Lock
WHO ARE WE AND HOW TO CONTACT US
- For any queries regarding our service, please contact our customer service team by phone on 07907978510 or email on firstname.lastname@example.org
Our company details are:
Registered in: England and Wales
Company registration number: 99405
Registered office: 171 Victoria Street, London, SW1E 5NN
- These are the terms and conditions under which we will provide the Delivery to you. By placing an Order for the provision of a Delivery via the Website you agree to be bound by these Terms and Conditions in addition to the terms and conditions applicable to your Order available at: Waitrose Terms and Conditions
- In the event of a conflict between these Terms and Conditions and the terms \and conditions on the Website applicable to your Order then these Terms and Conditions shall take precedence.
- Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.
- These Terms and Conditions apply to your Order. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future Orders. We reserve the right to change the Terms and Conditions from time to time, and your continued placing of Orders following such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the Terms and Conditions then you must immediately cancel and/or cease to make an Order.
ELIGIBILITY AND CUSTOMER REQUIREMENTS
In Order to be eligible to make an Order you must meet the following criteria:
- live in selected postcodes within greatr London and surrounding areas. The list of postcodes will evolve. Please refer to the Onboarding Site to confirm eligibility of your postcode.
- provide a valid email address and mobile telephone number;
- have access to an iOS or Android mobile telephone
- place at least 6 Orders during the trial period;
- provide regular feedback during the trial period
- be aged 18 years or over.
By making an Order you confirm and undertake that:
- you have the legal right and authority to grant us access to the property at the address specified by you for Delivery;
- you have, or agree to have a Yale Keyless Connected Smart Door Lock installed;
- you will disable any burglar or house alarm on the day of Delivery and ensure that this will not invalidate or void any home insurance policy that you may have in respect of the property;
- That there is no one unsupervised under the age of 18 at the property during the time when Delivery is made
- that there are no dogs or indoor cats at your property;
- you will share the unique access code to your Smart Lock via our App by 11:59pm on the evening before each Delivery; and
- that you will change the code to your Smart Lock after each and every Delivery.
- We reserve the right to refuse or decline an Order at our own discretion. Furthermore, if any of the conditions of this Clause 4 are not met then we reserve the right to refuse a Delivery at any time in our sole discretion.
- In Order to be eligible to make an Order you must meet the following criteria:
Order Process and Deliveries
In Order to make an Order, you must:
- Log into your customer account on the Website;
- Select the Goods that you want delivered and add them to your basket; and
- Add the While You’re Away Delivery line (£35) to your basket by following instructions when first logging into waitrose.com. You won’t be charged for the £35 when payment is taken on the morning of Delivery.
- If you place an Order for a Delivery, you are authorising us to access the property at the address specified by you for Delivery of the Goods during the Order process for the purpose of delivering the Goods.
- Delivery will be made to your property within 3 hours of your chosen Delivery Slot (an hour either side of the hour slot you have chosen). Should there be a change to your Delivery time, you will be notified of the change on the day of Delivery.
- Upon placing an Order for the Goods and making an Order via our Website, you will receive your normal Order confirmation email from Waitrose, followed by a second e-mail from the ‘While You’re Away’ Delivery team confirming selection of the service.
- On placing an Order, you will receive a push notification from our App prompting you to input and send your Smart lock code in the app. You can input your code anytime up until 11:59pm the day before Delivery. Once you have sent the code, it will be stored in a secure database until 11:59PM on the day of Delivery. The database will only store the most recent code for each Order.
- When the driver arrives at your property, they will begin recording on a body worn camera. Please refer to clause 6 below for further information on Delivery recordings.
- The Driver will be able to request the code to your Smart Lock via their Delivery handset on arrival at your property. If you do not provide your code by 11:59pm on the day before Delivery, the Delivery will not take place.
- Once the Driver has arrived at the property and is ready to start the Delivery they will ring the doorbell before entering. If you are in the property, please ensure you make yourself known to the Driver. By placing a WYA Order, you are confirming that you are happy for the Driver to record you or anyone other individuals in the property if they are present and do not make themselves known to the driver before entry. If someone is present in the property without making the driver aware, we will have to terminate the Delivery if they do not consent to being filmed.
- The driver will place all chilled Goods in your fridge and all frozen Goods in the freezer. All ambient Goods will be left on a work surface or table. The Driver will use hand sanitiser before opening the fridge/freezer. The Driver will follow a set layout when placing Goods in the fridge and if there is no space for products to go into the fridge or freezer then the driver will remove these Goods from the Delivery and you will receive a full refund for the relevant Goods. The driver will not move or remove any products currently in the fridge and freezer.
- If you need to inform us about any other changes on the day of the Delivery, please contact us on 07907978510
- We will use reasonable endeavours to follow any special Delivery instructions you have provided.
- We shall not be liable for any loss or damage to the Goods following Delivery.
- In Order to make an Order, you must:
DELIVERY VIDEO RECORDINGS
- The driver will start video recording the Delivery prior to unlocking your door and will continue recording until he/she has completed the Delivery and relocked your door.
- The video will be filmed using a body camera. The footage will be available to request via the App after the Delivery. This will be sent to you via the App within two working days of the request being made. You will receive a push notification when the video is ready to view.
- In the event that You request footage of an Order, We may withhold whole or part of this footage if We have reasonable cause to believe that it contains any errors, misconduct or other behaviour that we consider to be inappropriate or unrelated to the Order. We will notify You if this is the case and inform You whether part of the footage will be released at a later date or the footage will be withheld.
- By placing a WYA Order, you are confirming that you are happy for the Driver to record you or anyone other individuals in the property if they are present and do not make themselves known to the driver before entry. If someone is present in the property without making the driver aware, we will have to terminate the Delivery if they do not consent to being filmed.
- All substitutions will automatically be delivered, if you do not want to receive substitutions for specific Goods then please select this option on the Website when placing your Order.
- If you are unhappy with any substitutes you are sent, please contact the team on 07907978510 who will arrange a refund of the relevant item(s).
YALE KEYLESS CONNECTED SMART DOOR LOCK
- The lock will be supplied to you and installed free of charge as a condition of the trial;
- The lock will be installed by a John Lewis Home Solutions approved locksmith once you have completed the onboarding journey and have received email confirmation that you have been accepted onto the trial;
- The locksmith will make contact with you directly to arrange a suitable time for installation;
- We are are only responsible for installing the lock. If you wish to remove the lock it is your responsibility to remove the lock;
- We will not be liable for any damage to the door that is left as a result of fitting the lock;
- Your Yale Keyless Connected Smart Door Lock comes with a 2 year guarantee provided by Yale. To activate your guarantee, you must register your Yale Keyless Connected Smart Door Lock at yale.co.uk/registeryourproduct
- We are not responsible for any faults or problems with the Yale Keyless Connected Smart Door Lock. If you experience any issues with the lock, you should contact Yale customer support directly on 01902 364606
YOUR RIGHTS TO CANCEL OR CHANGE A DELIVERY
- Amendments to placed Orders must be completed by 11pm on the day before Delivery.
- To re-arrange or cancel your Delivery after this time, please contact the customer services team on 07907978510.
- If you have not contacted us to rearrange a failed Delivery within 24 hours of the original Delivery Slot then your Order will be cancelled and the cost of your Order, excluding the cost of perishable items and any other associated charges, will be refunded to you.
OUR RIGHTS TO CANCEL OR CHANGE A DELIVERY
- We will use reasonable endeavours to perform the agreed Delivery. However if, for reasons beyond our control, we have to change or cancel a Delivery or Order we shall be entitled to do so. If this is the case then we shall notify you as soon as possible.
- Where the timing of a Delivery is to be revised we shall notify you of the new estimated time of the Delivery. If you are not available at this time you should notify us by contacting the customer services team on 07907978510.
- Where the date of a Delivery is to be revised the customer services team will call you to provide you with available dates and times for the Delivery.
AGE RESTRICTED ITEMS
- If on Delivery there is someone present at the property who is not aged 18 or above, and they are not accompanied by an adult who is aged 18 or above, then we will not deliver any of the Goods including those that are Restricted Items. Our drivers apply our "Challenge 25 Policy" and so proof of age will be requested if the only person present on the property looks under 25 years old.
We may, at our sole discretion, issue promotional codes and/or vouchers. Use of the voucher or promotional codes will be subject to any terms and conditions attached to or provided in conjunction with a voucher/code and the following rules:
- only one voucher or promotional code can be redeemed per Order, multiple vouchers per Order are not permitted and cannot be used with any other offer unless explicitly stated;
- if the price payable is greatr than the value of the redeemed voucher or promotional code, the remaining amount is payable by you using your chosen payment method;
- vouchers and promotional codes are only valid for one use. Once the gift voucher or promotional code has been used (whether in an authorised or unauthorised manner) it will become void; and
- vouchers and promotional codes must be used by the specified expiry date and will become void after this date if not used.
- We may, at our sole discretion, issue promotional codes and/or vouchers. Use of the voucher or promotional codes will be subject to any terms and conditions attached to or provided in conjunction with a voucher/code and the following rules:
- If there are any issues encountered during the Delivery we will contact you via the phone number provided and explain the details of the issue and work to resolve this with you.
- Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods or services provided without reasonable care and skill. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.
- Subject to clauses 14.2 and 14.3, Unless any losses are caused directly by our negligence our total liability to you under these terms and conditions shall be limited to the price paid for the goods.
Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the sale of goods act 1979 or section 2 of the supply of goods and services act 1982 (title and quiet possession);
- any breach of the obligations implied by sections 49, 51 or 52 of the consumer rights act 2015 (right for services to be performed with reasonable care and skill, at a reasonable price and within a reasonable time);
- defective products under the consumer protection act 1987 (title and quiet possession); or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Subject to clause 14.2, we shall not be liable to you for any losses that:
- were not foreseeable to both parties when the Order was made; and
- were not caused by our negligence or breach of these terms and conditions.
- If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
EVENTS OUTSIDE OUR CONTROL
- We shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.
- In Order to make an Order you must provide us with your mobile phone number and email address. You agree that we may send you text (SMS) messages, push notifications (via the App) and/or emails, or call you, as part of the normal business operation to provide the Delivery. You acknowledge that if you opt out of receiving text (SMS) messages, push notifications, phone calls or emails then we will be unable to provide the Delivery to you. If you would like to opt out then please contact email@example.com.
We make every effort to provide the Deliveries in a manner which is satisfactory for you. However, if you wish to make a complaint, you may do so by contacting us via one of the routes below:
- Tel: 07907978510
- Email: firstname.lastname@example.org
- Via the feedback link in the App
If after contacting us you feel we still haven't resolved your complaint satisfactorily, please email or write to:
Waitrose Customer Care Team
Southern Industrial Area
- If after following our internal complaints procedure you still feel that we have not satisfactorily resolved your complaint, then (providing you are acting as a \consumer and not as a business in the course of your trade or profession) you can access the Online Dispute Resolution platform by following this link.
- We make every effort to provide the Deliveries in a manner which is satisfactory for you. However, if you wish to make a complaint, you may do so by contacting us via one of the routes below:
- No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
- If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website or App shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
- These Terms and Conditions govern our relationship with you. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Terms and Conditions.
LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.