Terms
TERMS AND CONDITIONS
These are the website terms and conditions of Big Mouth Gyoza LTD trading as “Big Mouth Gyoza” in the UK.
This document (together with the documents referred to in it) tells you the terms and conditions on which we will supply to you the products (“Products”) listed on our Site via one of our subscription services (“Services”). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
These Terms and Conditions were most recently updated on 18 October 2021 and apply to sales to consumers.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
By placing an order on this website, you are agreeing to the following terms and conditions:
ORDERS AND CANCELLATIONS
Order Acceptance Policy
All orders and subscription requests received are subject to acceptance by Big Mouth Gyoza Limited (“Big Mouth Gyoza") and Big Mouth Gyoza, and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
We delivery to UK Mainland only, excluding the Scottish Islands. Any orders placed for areas not covered by our service will be cancelled.
Products with Collection discounts can not be ordered for delivery. If delivery is selected for these products, your order will be cancelled.
Timing of Your Order
Orders are open until 06:00 on Tuesday on the week of your delivery and may close early due to sell out. Orders containing Gyoza are dispatched on Wednesdays for delivery on Thursdays only. Our Gyoza are made, and delivered frozen. In the event of an unexpected sell out, we reserve the right to dispatch your order in the following week.
Your order will be delivered between 06:00 &
Changes to Your Order
If you wish to change your order, please contact orders@bigmouthgyoza.com We’ll always do our best to make last-minute changes for you, but we can only guarantee changes that are requested by 06:00 on the Tuesday morning of your delivery week. Failure to do so will result in the lapse of any rights to a refund or re-delivery.
Cancellation Policy
To cancel your order, please email orders@bigmouthgyoza.com before 06:00 on the Tuesday in the week of your delivery. In this case, we’ll be happy to provide you with a full refund. Failure to cancel before this time will result in the lapse of any rights to refund or re-delivery.
PAYMENTS
We accept American Express, Visa and MasterCard credit and debit cards. In order to offer the best security, all our payments are processed securely by Shopify.
For one off orders your credit or debit card will be billed upfront on checkout. For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the items.
If you create an account and enter your payment details, your card will be stored securely by Shopify so that you can check out on future visits without re-entering your card details. We never store or have access to your credit or debit card details.
PRICES
All prices are stated inclusive of any applicable VAT, unless otherwise stated. All applicable delivery charges are set out explicitly in your order.
DELIVERY POLICY
Big Mouth Gyoza delivers to any address within the United Kingdom, excluding PO boxes, BFPO, Scottish Highlands, Islands, Scottish Islands & Northern Ireland
We deliver by DPD, APC, Royal Mail Tracked other courier companies. We will determine how to deliver your order, and any applicable delivery charges will be clearly communicated before you check out. We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.
We will make every effort to communicate your delivery instructions to your delivery provider, however we cannot guarantee that delivery instructions will be followed.
Orders may be left the safe place of your choosing. This is at the customers risk. If your package is delivered to your safe place, and stolen, damaged or pirated you are responsible for this package. We can not offer a refund if your product is stolen, or damaged while in your safe place.
Your order will be delivered between 06:00 & 18:00. You must open the box & place your gyoza in the freezer by 20:00 on the day of your delivery. If you do not get your Gyoza in the freezer before 20:00, and they spoil, you are not eligible for a refund or replacement.
When choosing the safe place instruction 'Leave with concierge', it is the your responsibility to first ensure that your concierge accepts fresh food deliveries. In the event that a delivery is turned away due to the nature of your package, you will not be eligible for a refund or re-delivery.
Although our team will always try our best to ensure punctual delivery for our customers, Big Mouth Gyoza cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the courier and delivery services that we use or anything else outside of Big Mouth Gyoza’s control.
In the event of a non-delivery (your Gyoza not having arrived on their intended delivery date), please contact us at orders@bigmouthgyoza.com. It is the customer's responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
Delivery will be complete when we deliver to the address which you specify when ordering. When ordering Gyoza, as they arrive chilled, it is important that you follow the storage instructions provided, on our site, in your order confirmation email, and your in box instructions. Failure to do so will result in the lapse of any rights to a refund or re-delivery.
If you change address, you must contact us at orders@bigmouthgyoza.com, before 06:00 on the Tuesday of your delivery week, to ensure the change is made to your order. While we will do our best to accommodate a last minute change of address, we can not guarantee the change will be made after this time. We are unable to provide refunds or re-deliveries for any deliveries sent to the wrong location where we have not received advance notice in accordance with this paragraph.
If you should change your mind about your order once it has already been confirmed and dispatched, please accept said delivery and you must contact us at orders@bigmouthgyoza.com on the day of delivery to discuss the order further. Refusal of your parcel, unless confirmed damaged by the courier, will forfeit any claim for refund or redelivery.
We reserve the right, at our absolute discretion, to refuse your orders if it becomes apparent to us that the postal or courier service in your area is too unreliable. We value our customers and our ability to deliver, so where we can't, we won't risk disappointing you.
COLLECTION POLICY
Collection is available on weekdays only, excluding the day of your order. When you collect your order, you must get it in the freezer within 1 hour of receiving the package. If you do not get your gyoza safe in the freezer within this time period, and they spoil, you are not eligible for a refund or a replacement.
We do not offer weekend or same day collection.
GYOZA STORAGE
You must store your Gyoza in the freezer only. This information is clearly presented on the 'Storage' section of the product pages & on the 'Handling Card' given to you with your order. If you store your Gyoza in any place other than the freezer, and this spoils your product, you are not entitled to a refund or replacement.
RETURNS AND REFUNDS
Freshness
Our Gyoza are sent out in insulated packaging to ensure they remain frozen. If the food we deliver to you does not seem frozen, please contact our Customer Support team at orders@bigmouthgyoza.com to let us know. If, at our sole discretion, the food does not meet our high freshness standards, you may be offered the choice of a replacement at our next available delivery date. Please note that you will need to email us a photo of the food within 72 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
Damage
While our Gyoza are packed carefully to ensure they arrive in perfect condition, on occasion (and for reasons beyond our control) damage may happen in transit. Should this occur to a level that you deem unacceptable, please contact us at orders@bigmouthgyoza.com to discuss your situation.
Other Issues
If you should have any concerns about your Gyoza, please contact our Customer Support team at orders@bigmouthgyoza.com to let us know. If, at our sole discretion, the food does not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the problematic food within 72 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
Non-Delivery
While we do everything we can to make sure our meals are delivered, sometimes mistakes do happen and deliveries don't arrive. If we fail to deliver your order (i.e. if your meals have not arrived on their intended delivery date) we will send you a free replacement on our next available delivery date, or a refund at our discretion. If we offer you a refund, we will refund you the full amount paid within 3 business days. Please note that banks might take an additional 3-5 days to refund the amount on your card.
Returns
Due to the perishable nature of our handmade Gyoza, we are unable to accept returns. We offer our customers replacement delivery, or in some cases refunds, at our discretion, if our meals are not delivered to an acceptable quality, as detailed above.
Product Availability and Substitution
Our fresh ingredients are subject to availability. In the event of any supply difficulties, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.
OFFERS AND PROMOTION CODES
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
Any offer that includes a free gift is subject to availability. We reserve the right to change this gift without prior notice. Such gifts are not guaranteed to be delivered with your purchase, and cannot be redeemed for cash or store credit. In such case that a gift is not sent with an order, the request for a refund will not be valid.
We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
Unless explicitly otherwise stated, free or discounted introductory offers are only available to new Big Mouth Gyoza customers, and are only available once to any one household. If a billing address has previously been used as a shipping address for any other order and an introductory offer is used on a new order, this new order will be invalid along with any additional rewards - we reserve the right to cancel orders if such behaviour is seen.
Except where otherwise stated, discounts and credits are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers.
Discounts and voucher codes cannot be redeemed against delivery charges; percentage discount vouchers are applied only to the cost of meals unless otherwise stated.
Credit expires 12 months from the date that it is added to an account. We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
Customers enjoy free delivery on all orders above £60. However, if a promotional code is used resulting in the amount paid by the customer falling below £35, the free delivery is no longer granted. E.g. if basket is equivalent to £35 at checkout and a £10 promotional code is used by customer, the customer's spend is £25, and so the basket would not qualify for free delivery on top of the promotional code. Should the basket be equivalent £45 at checkout and a £10 promotional code used, the customer's spend is £35, and so the basket qualifies for free delivery.
GIFT CARDS
All our usual terms and conditions apply to Gift Cards. The following terms and conditions will also apply to the purchase and redemption of Gift Cards on the Big Mouth Gyoza website:
Gift Cards ordered through our website will be delivered either by electronic means to the email address you specify or by physical means by way of a physical Gift Card being delivered to your chosen recipient on the date of your choosing.
Unless otherwise stated site offers and promotions (including credit) do not apply when purchasing Gift Cards. Our Gift Cards must be redeemed on our Website, as full or part payment for products from our Website.
If there is any Gift Card balance outstanding upon redemption, such balance can be redeamed in future orders.
Gift Cards cannot be exchanged for cash. All Gift Cards are dated and expire 12 months from the date of issue. No refunds will be processed in respect of the purchase of Gift Cards.
The first redemption of a Gift Card cannot be used in conjunction with any other credit or discount.
Where products purchased online with a Gift Card are returned, any monies owing will be refunded by way of the relevant amount of credit added to the Gift Card recipient's account at Big Mouth Gyoza.
Big Mouth Gyoza is not responsible if a Gift Card is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
CIRCUMSTANCES BEYOND OUR CONTROL
Adverse Weather Conditions
During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.
Force Majeure
Big Mouth Gyoza shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Big Mouth Gyoza’s reasonable control.
OUR LIABILITY
Whilst we agree to use all reasonable endeavours to ensure that the Big Mouth service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Big Mouth Gyoza service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Big Mouth Gyoza service impossible or impractical.
Except in cases of death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, our liability in connection with your order with us shall not exceed the price paid to us for the order in question (defined as an individual delivery within a particular week, not an entire subscription).
Subject to the exclusion above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Big Mouth Gyoza service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied.
CUSTOMER AND RECIPIENT PERSONAL INFORMATION
To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information. Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy.
During the checkout process, we ask for the following personal information:
Customer's Email Address
We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate. If there is an error with your email address or you do not receive an order confirmation with 2 hours please contact us immediately at orders@bigmouthgyoza.com Failure to do so will result in the lapse of any rights to a refund.
Customer's Telephone Number
We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
Recipient's Full Name and Address
We require this information in order to deliver the meals you have ordered. It is vital that the recipient's address is accurate. We will also use the recipient's name and address for marketing communications from time to time.
GENERAL
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Big Mouth Gyoza website and/or the Big Mouth Gyoza service from time to time. We will publish any changes on the Big Mouth Gyoza website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Big Mouth Gyoza service or Big Mouth Gyoza website. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
Additionally, we reserve the right to suspend, restrict or terminate access to the Big Mouth Gyoza site and/or the Big Mouth Gyoza services for any reason at any time.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Big Mouth Gyoza website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Thank you for your order, and we hope your Big Mouth Gyoza experience will be a pleasurable one.
REGISTERED OFFICE AND TRADING ADDRESS
Big Mouth Gyoza Limited, Embsay Mills, Skipton, BD23 6QR