Please read this carefully. By using or submitting an order (and any subsequent orders) on this website you are agreeing to the terms that appear below. These are the Terms & Conditions on which we supply a breast milk service to you.
BestMilk supplies screened pasteurised breast milk to parents and custodians of children of two years age and below.
You agree to store and use the breast milk in accordance with the guidance that we provide on our website.
If you are a business then different Terms & Conditions will apply to you, please call us on 020 7157 9953.
- Purchase Contract
- Price and Delivery Charges
- Methods of Payment
- Defective Goods
- Warranty and Liability
- Customer Complaints
- Special Offers, Promotions and Competitions
- Cancellation of Deliveries and Suspension of Your Account
- Ending your contract
- Purchase contract
1.1 By using the bestmilk.co.uk website you are bound by these Terms & Conditions. All use of this website and purchases made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order breast milk after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms & Conditions applicable to your purchase. To assist you in determining whether the Terms & Conditions have changed since your most recent order we will display the date when these Terms & Conditions were most recently updated.
1.2 We will confirm your order placed by using the bestmilk.co.uk website. This will occur either by message on the website immediately after you have placed your order, or by us sending an e-mail to the e-mail address you have provided to us.
1.3 Please note that the order confirmation does not constitute our acceptance of your order. Subject to our cancellation rights in clause 10, acceptance of your order and completion of the contract will take place when we despatch the goods to you.
1.4 Any orders placed through the bestmilk.co.uk may be amended or cancelled by the customer at no charge in respect of a period of up to four weeks, provided that this is done before the cut-off time stated on the despatch confirmation email (‘Cut-off Time’). Any orders that have not been cancelled by this cut-off time are binding and will be delivered by BestMilk as set out in clause 4.
1.5 You must be a parent or a guardian of a child of two years of age and below and must have completed the registration process in order to participate in our service.
1.6 If we are unable to accept your order, we will inform you of this in writing and will not charge you for our service. This might be because we run out stock.
1.7 Your order number. We will assign an order number to your order and let you know what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
1.8 We only sell to the UK. Our website is solely for the promotion of our services in the UK. We do not deliver to addresses outside the UK.
1.9 No guarantee of supply. Given the nature of our service, we cannot guarantee always being able to supply breast milk as it depends entirely on donations. We will notify you if any provision of our service may or will not take place for this reason or any operational or technical issue and you should ensure that you are always able to obtain substitute products from elsewhere. You will not be charged for a delivery if we are not able to make it. We will always try to supply you with the full quantity that you have ordered and/or to rearrange a cancelled delivery.
1.10 By ordering our service, you agree that you are aware of the risks associated with inappropriate storage and handling of breast milk. You take full responsibility for storing and using the breast milk in accordance with our guidance that we provide on our website and all the labels on breast milk containers, including ensuring that all hygienic measures have been followed in handling, storing and administering breast milk which include the requirement that it is kept refrigerated at all times and that all equipment and receptacles that you use in relation to breast milk are properly sterilised. Please note, for the purpose of establishing whether or not breast milk is defective, the colour of breast milk and its fat content may vary and will not always be the same as that shown in images on our website.
1.11 All images on our website are for your information only. The packaging in which breast milk is being delivered to you may be different from those images.
- Price and delivery charges
2.1 The price of goods will be as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged for new products which were not in your original order will be the prices quoted at the time you confirm your amended order.
2.2 The price of our service (which includes VAT) will be the price indicated on the order pages when you placed your order.
2.3 If the rate of VAT changes between your order date and the date we supply our service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
2.4 The costs of delivery are as indicated on our website from time to time.
- Methods of payment
3.1 You must pay by direct debit (including by way of PayPal) on the dates and in the instalments that we notify to you when you select your service package. You cannot pay for your order by cash or cheque.
3.2 The debit cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
3.4 If you do not pay us for the services when you are supposed to (see clause 2) and you still do not make payment within 5 days of us reminding you that the payment is due, we may suspend supply until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend supply where you dispute the unpaid invoice (see clause 3.5). We will not charge you for our services during the period for which supply is suspended. As well as suspending supply we can also charge you interest on your overdue payments (see clause 3.3).
4.1 Delivery days may vary and will be made to the address entered by you when you register on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery.
4.3 Should you fail to be present for your delivery we are entitled to charge you in full for the breast milk contained in your order and the cost of delivery.
4.4 BestMilk will ordinarily only make deliveries when an appropriate person is available to receive the delivery. In the event that you instruct BestMilk to leave a delivery of the breast milk unattended at your address on your order page, BestMilk expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes, but is not limited to, theft, tampering, contamination and the result of any change in temperature in respect of the breast milk which must be kept chilled or frozen.
4.5 Please note adverse weather conditions or other events outside our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, we will not be deemed to be in breach of these Terms & Conditions as a result and our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.6 In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 6.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
- Defective services
5.1 We advise that you inspect the goods promptly at the time of delivery and record any defects with the courier where practicable returning to the courier defective breast milk bottles. BestMilk shall investigate the matter and if defects are confirmed, we will promptly arrange for the delivery of replacement breast milk or a refund.
5.2 We will refund you the price you paid for our service including delivery costs, by the method you used for payment.
5.3 As a consumer, you have certain legal rights regarding the return of faulty or misdescribed goods. Our refund procedure does not affect your legal rights in relation to such goods. Our returns policy is in accordance with statutory rights under the Consumer Contracts Regulations. For further information about your legal rights contact your local authority Trading Standards Department, or Citizens Advice.
- Warranty and liability
6.1 Nothing in these Terms & Conditions will restrict our liability for death or personal injury resulting from our negligence or breach of statutory duty.
6.2 Other than as set out in clause 6.1, our maximum liability arising out of any order for the supply of services to you under this contract will be limited to the price of the services contained in that order.
6.3 We only supply our services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.1 Telephone calls made to and from our help line are recorded for quality and monitoring purposes.
- Customer complaints
Any Customer complaints should be addressed to the BestMilk helpline you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" page.
- Special offers and promotions
9.1 From time to time, and in our complete discretion, we may make special offers. In the event that such a special offer applies to your purchase, the terms of such special offer (‘Special Terms’) shall be subject to these Terms & Conditions. If there is any conflict between the terms of a special offer and these Terms & Conditions, these Terms & Conditions shall prevail unless specifically excluded.
9.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1 and 1.9, we will honour at the offer price any order placed by you before an offer ends or is amended or withdrawn.
9.3 We reserve the right to offer in our complete discretion different special offers, promotions and the ability to enter different competitions to different customers.
- Cancellation of deliveries and suspension of your account
10.1 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of these Terms & Conditions or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. For example, if you are in breach of our Terms & Conditions, we may cancel your order. In the event that we cancel your order, you will receive email notification and will be invited to contact us via email or phone as shown on our website.
10.2 In addition to our right to cancel your order in accordance with clause 10.1, we reserve the right to suspend your account. Your account will remain suspended until you contact our call centre and remedy any breaches which are capable of remedy, or provide any information reasonably requested by our call centre advisers to enable them to reactivate your account.
10.3 We may write to you to let you know that we are going to stop providing the service. We will let you know at least 3 days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
- Ending your contract
11.1 Your rights when you end the contract will depend on whether there is anything wrong with our service and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get our service re-performed or to get some or all of your money back), see clauses 4.7 and 5;
(b) If you have just changed your mind about our services within 14 days of receiving your first delivery of breast milk, you may end the contract. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions including amounts payable for breast milk in respect of which the Cut-off Time has passed.
11.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately (without affecting any statutory rights that you may have) and we will refund you in full for any service which has not been provided. The reasons are:
(a) we have told you about an error in the price or description of the services you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(c) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
11.3 Even if we are not at fault and you do not have a right to change your contract, you can still end it before it is completed (that is, in the case of a service package, the time period for delivery has come to an end). If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, please contact our Customer Service to let us know. The contract will end immediately after our confirmation and we will refund any sums paid by you for products not provided but we reserve the right to deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
21.1 If any of these Terms & Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Each of the paragraphs of these terms operates separately.
12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through bestmilk.uk, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the ocado.com website without BestMilk’s prior written permission. BestMilk may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through our site.
12.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.4 bestmilk.co.uk is a trading name of BestMilk Limited. The registered company address for BestMilk Limited is 1 Harley Street, London, W1G 9QD. Registered in England. Company registration number: 11429371.
12.5 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.7 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.