Terms and Conditions: Purchase (Consumer and Business Customers)

1.1

You must be 18 years old or over and must have completed the registration process in order to place an order. The registration process will require you to provide some compulsory personal information which will be processed in accordance with our Privacy Notice available here.

1.2

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects. It is your responsibility to update or ensure your details are accurate. You can update your personal information at any time by going to the Your Account section on the Website.

1.3

When you create an account with us, you will be provided with login details and asked to use passwords and other means that allow you to access the Website (together your "Login Details"). It is your responsibility to maintain the security and confidentiality of your Login Details and ensure the Login Details meet any minimum security requirements set by us. We will not be liable to you or any other person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. Should you become aware of or suspect any unauthorised use of Login Details, please contact our Customer Hub on 0345 656 1234 or via email at ocado@ocado.com.

1.4

You are entirely responsible for all activity on your account, including all orders that are placed from your account.

1.5

Alcohol must be ordered by you and will be delivered by us during the licensing hours granted to us under our licence. If you have ordered alcohol from us, it is your responsibility to ensure that the person accepting delivery is over 18. We operate a "Challenge 25" policy, which means that if the person receiving delivery of alcohol looks under 25, our drivers will request identification. If they are not satisfied that the nominated person accepting delivery is a person over 18 years of age or over, we will retain the alcoholic products. We may also request identification in relation to other age restricted products.

1.6

Ocado reserves the right to terminate or suspend your account at our sole discretion. Ocado further reserves the right to decline any new customer or suspend or terminate your access to any services that we provide at our discretion.

1.7

Without prejudice to the generality of clause 1.6 above, if Ocado suspects fraud, unauthorised activity or any breach of the Ocado Terms, Ocado may suspend your account. Your account will remain suspended until you contact our Customer Hub on 0345 656 1234 or via email at ocado@ocado.com and resolve any issues which are capable of being fixed, or provide any information reasonably requested by our Customer Hub advisers to enable them to reactivate your account. Reactivation of the account remains at our discretion.

2.1

You will receive confirmation of your order either via the email address you have provided to us, a SMS to the mobile number you have provided or push notifications through the Ocado app (the "Order Confirmation").

2.2

Please note that the Order Confirmation does not constitute our acceptance of your order. Acceptance of your order and formation of the contract will take place once your order has been dispatched.

2.3

The Order Confirmation will indicate the final cut off time for amending or cancelling your order. We may also contact you before the final cut-off time with information about amending or cancelling the order, alerting you to this cut-off time and reminding you of the scheduled delivery time of your order. Unless you have requested not to be contacted by SMS, we may also send the reminder by SMS to the mobile phone number you have given us when setting up your account. Any orders that have not been amended or cancelled by this cut-off time cannot be amended or cancelled and will be delivered by us during the scheduled delivery slot. Should you elect not to have the order delivered after the cut-off time Ocado reserves the right to charge you the cost of items which it is unable to resell and/or an administrative charge.

2.4

After the Order Confirmation has been sent to you, any items added via the "One-Click" feature on the Website before the cut-off time will automatically form part of that order.

2.5

There is a minimum order value (excluding delivery charges) for every order placed (the "Minimum Order Requirement"). There is a standard Minimum Order Requirement excluding delivery charges. The Minimum Order Requirement is displayed in the top right hand corner of the Website alongside the basket icon. Ocado reserves the right to amend the Minimum Order Requirement from time to time, including temporary changes during certain periods. Orders below certain amounts higher than the Minimum Order Requirement may incur a small order charge. This fee will be displayed on the Order Summary page at the end of the checkout and further information is available in our FAQs.

2.6

If you are using a voucher, the voucher will be subject to its own terms and conditions. Please refer to these terms and conditions for any restrictions which may apply.

2.7

From time to time we may conduct trials. As part of these trials, charges may vary from our normal charges. All charges intended to be charged to you will be set out on the Order Summary page at the end of the checkout.

2.8

Products are subject to availability. We may, from time to time, limit the quantities of products supplied to you if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any products you order, we will seek to offer a reasonable substitute where possible. This may affect the price you pay. You are entitled to reject any substitute item on delivery and you will not be charged for that substitute. We will seek to identify any substitute items to you prior to and/or at the time of delivery, and give you the opportunity to accept or reject the item.

3.1

The price of products for which you will be charged is the price as stated on the Website at the time you confirm your order following the original placement of those items into the trolley, subject to the exceptions set out in the following conditions for which we will not be liable.

3.2

It is possible that on rare occasions some of the products listed on our Website may be incorrectly priced. If the true price of a product is higher than the price stated on our Website, we will reject your order for that product and notify you of such rejection to allow you to determine whether or not you wish to purchase the product at the higher price. Prior to us dispatching your order, Ocado is under no obligation to provide the product to you at the incorrect - lower - price, even after we have sent you an Order Confirmation.

3.3

If following an Order Confirmation you subsequently decide to amend your order to add in additional items, the prices charged for those additional items will be the prices quoted at the time you add them to your order. However, if you seek to add more of the same items which were part of your original order, then the prices charged for these items will be the prices quoted at the time of the Order Confirmation of your original order.

3.4

Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.

3.5

Where items are ordered and sold individually by weight (such as certain fresh meat, poultry, fish, cheese or fruit and vegetables), the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed by our supplier. We have an indicative price per kg guide and an indicative product weight guide on the Website to assist your planning.

3.6

The prices stated on the Website will be inclusive of any VAT payable.

3.7

Each order you make will incur a charge for delivery. (If you are a Smart Pass customer you may be entitled to free delivery charges on certain shops. For further details see the terms below relating to Ocado’s Smart Pass offering.) Your delivery will be shown to you as a separate charge on the Order Summary page at the end of the checkout delivery confirmation page before you confirm your order. Any delivery charge added to your order is set at our sole discretion and will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address. Ocado reserves the right to vary the charges.

3.8

The government introduced a charge for plastic bags in 2015, which means that by law we have to charge you for the plastic bags used to deliver your order. We will automatically charge you for each plastic bag used to facilitate your delivery. You may return these bags back to our driver for us to recycle on subsequent deliveries and Ocado will reimburse you for each Ocado plastic bag returned. However, Ocado reserves the right to suspend return of the plastic bags and/or the subsequent reimbursement at any time and at its sole discretion. We may also place a limit on the number of plastic bags which may be returned at each delivery (and for which you will receive a reimbursement). Details of any limits can be found on our Frequently Asked Questions page here.

4.1

Payment may be made by debit, credit or charge card and some business account cards (where applicable), as well as via various payment service providers. The debit, credit and charge cards accepted by us are those listed on the Website on the date on which your order is placed. Ocado reserves the right to charge any debit or credit card or payment service provider provided to us by you for any orders delivered.

4.2

We also accept payment by Ocado vouchers. No other vouchers or "money off" coupons will be accepted towards payment of an order unless specified otherwise on the Website. Any refunds arising from an order paid for by vouchers shall be given in Ocado vouchers.

4.3

Authority for payment will be requested from your card issuer between the time of your order being placed and when it is delivered. This is done by 'reserving' against the card you have used for payment. The amount that is 'reserved' will be an estimated amount of your order (including charges for carrier bags and delivery). The full price of your order will be charged against your card after we have delivered your shopping to you. We reserve the right to cancel your order if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

4.4

If orders are not paid for in full or your bank declines payment on your payment card and as a result, money is owing to us, then we reserve the right to suspend your ability to place further orders until such time as the outstanding balance has been paid in full. Further, Ocado reserves the right to continue to seek payment for outstanding orders delivered provided until such time as payment is made in full.

4.5

You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you or take any further legal action that we deem appropriate in our discretion to recover monies owing to Ocado.

5.1

Subject to our compliance with applicable laws, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.

5.2

Ocado reserves the right to offer, at our complete discretion, different customers different special offers, promotions and the ability to enter different competitions.

5.3

Orders made for deliveries between 20th - 24th December (inclusive) may be excluded from selected promotions running throughout this period.

5.4

Flash Sale Items: Products offered to you as part of Ocado’s Flash Sale during the checkout have a short shelf life so have to be delivered by a certain date. If you add a flash sale item to your basket but subsequently change the date of your delivery at a later date and the new date goes beyond the 'use by' date of the flash sale item, the item will not be available for you to purchase at the sale price.

5.5

If a product is part of the Flash Sales offer but is also subject to a generally applicable promotional offer on (for example: buy one, add one free) you will receive the larger discount of the two, but not both.

6.1

Delivery days and times will be as specified on the delivery booking page on the Website and will be made to the address specified by you when you place your order. It is your responsibility to ensure that the delivery address is correct.

6.2

Ocado reserves the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery geographies altogether.

6.3

We endeavour to ensure that deliveries are made within the delivery slot specified at the time the order is confirmed on the Website. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot to receive delivery of the order. We may ask that an appropriate person signs for the order on delivery.

6.4

If no appropriate person is at the delivery address to receive delivery during the delivery slot booked by you, at our sole discretion, Ocado will either:

6.4.1

retain the products, in which case you may be charged the cost of products which Ocado is unable to resell and/or an administrative fee; or

6.4.2

re-deliver the products at a later time, in which case we may retain frozen products from your order, and you may still be charged for these as well as the other products in your order; or

6.4.3

provided this is agreed by you, leave the order unattended at your address or another location in accordance with clause 6.7.

6.5

Risk of loss and damage of products passes to you at the time the products are delivered to you, or are left with a person, or in a place nominated by our driver or nominated by you. Ocado will not be responsible for any loss or damage caused to the products after delivery.

6.6

Legal title of the products shall pass to you once we have received payment in full and cleared funds for the products.

6.7

In the event that (i) no appropriate person is available at your address to receive delivery, but you instruct us to leave the delivery unattended at your address; or (ii) an appropriate person is present at your address at the time of delivery, but you instruct us to leave the delivery unattended at your address, we may elect to leave your shopping unattended in a place determined by our driver. If we are unable to carry out age verification on age restricted products, we will remove any age restricted items contained in your order and you may not be charged for these. In the event no appropriate person is present at the address we may also remove perishable items (including but not limited to frozen products) and any other products we deem necessary, in which case, in addition to the cost for the other products in your order, we may charge you the cost of the perishable items and/or an administrative charge. We expressly disclaim all liability which may arise by virtue of any delivery being left unattended at your request. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

6.8

Adverse weather conditions, unforeseen operational or technical issues or other events outside of our reasonable control may result in the occasional late, rescheduled or cancelled delivery. Ocado is not liable for any damages arising in these circumstances. In these circumstances, Ocado will endeavour to contact you as soon as we are able to in order to reschedule your delivery.

6.9

The number of deliveries you may be able to book between the period of 20th-24th December inclusive (the “Christmas Period”) may be limited.

6.10

For deliveries during the Christmas Period, the Minimum Order Requirement may increase and Ocado reserves the right to charge you an amount equal to your delivery fee in the event you cancel your order and/or delivery 14 days or less prior to your delivery date.

7.1

We advise that you inspect all products, including allergen information, at the time of delivery and notify us of any mis-described, incorrect or defective products at the time of delivery or promptly after delivery.

7.2

If whilst inspecting your order at the time of delivery, you identify products you do not want, you are free to decline any product for any reason. After delivery there are certain products which cannot be returned for health and safety reasons unless they are not as described, fit for purpose or of satisfactory quality. A comprehensive list of these restricted items can be found in the FAQs.

7.3

Refunds can be requested through the Website or by using our app and navigating to the 'Request refund' link from the Orders page. Ocado reserves the right to request evidence of any mis-described, incorrect or defective products before issuing any refund. If more than 7 days have passed since the relevant delivery and the 'Request refund' link is not available, please email ocado@ocado.com or call us on 0345 656 1234. We will arrange with you for the products to be returned to us and on receipt and inspection of the products, we will refund the price of any products which are defective or arrange for the delivery of replacement products.

7.4

Whilst Ocado tries to ensure all the information available on the Website is accurate and up to date, food products are frequently reformulated, ingredients may change and manufacturers' data may be incorrect or incomplete. You should not rely solely on the website description and upon delivery you should always double check product labels. Ocado has produced nutritional information on the Website for the general information of the public. It contains information gathered from various sources and, although Ocado considers it to be accurate at the time of publication, to the extent permitted by applicable law and except as otherwise set out in the Ocado Terms, Ocado accepts no responsibility for, and makes no representation or gives any warranty or undertaking express or implied as to the accuracy or completeness of the information.

7.5

In the event that the products delivered to you are incomplete or include incorrect goods, please notify us promptly via our Customer Hub on 0345 656 1234 or via email at ocado@ocado.com. You will not be charged for any incorrect products you receive or products which you have not received. In any event, subject to condition 10.1 below, our liability will be limited to the price of the products not delivered or incorrectly delivered and the cost of delivery.

7.6

We ask that items are returned to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the products, unless you are certain that you intend to keep the products. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of any such item to you.

7.7

Except in the event of defective products, you may be responsible for the cost of return postage. You will also be responsible for the risk of loss and damage in transit and you are advised to obtain appropriate evidence of posting and use a reliable mailing/courier service for the return.

7.8

We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of the Ocado Terms or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. In the event that we cancel your order, we will contact you and you will be invited to contact our Customer Hub on 0345 656 1234.

8.1

You must have an Ocado account (including stored payment details) and have received your first order to sign up for and use the Ocado Reserved service. Ocado reserves the right to accept or refuse your use of the service at its sole discretion.

8.2

By signing up to Ocado Reserved, you agree to receive a delivery for orders that are automatically created for the same day and time on a weekly or fortnightly basis as selected by you. The basket is automatically populated using your shopping history to identify the products most likely to be ordered that week (known as your "Suggested Order"). The Ocado Reserved service does not apply (i) at any time when Ocado is not operating deliveries (including but not limited to Christmas Day, Boxing Day and New Year's Day) and (ii) on certain days with seasonal periods i.e. Christmas, on these days you will need to book your order separately on the Website.

Your selected slot will be reserved for you 29 days in advance of your delivery date, and your basket populated 14 days in advance of your delivery date. You can edit the basket as normal until your cut-off time. It is your responsibility to edit the order and remove/replace items which are not wanted prior to any delivery. If you fail to edit the Suggested Order, then you will receive the items that have been generated by the Suggested Order.

8.3

To make sure that we can book your chosen slot, orders are reserved 29 days in advance, however, when you first subscribe to Reserved, we’ll attempt to place orders due for delivery closer than 29 days away, but slots are subject to availability. If we’re unable to place your order, we’ll let you know with an email. There could still be slot availability near your Reserved delivery date and time. You can check out your Book a delivery calendar to see when there is a slot available.

8.4

All orders must meet any Minimum Order Requirements and there is a limit of one reserved delivery slot per registered customer per day of the week.

8.5

All items in the order (including those generated by the Suggested Order) will be delivered to you unless unavailable at the point of dispatch, in which case we will offer a substitution. Only substitution(s) which you have not touched may be rejected, not items generated by Your Suggested Order.

8.6

Ocado Reserved will reserve your slot 29 days before your reserved delivery day and time. However, there may be occasions where your chosen delivery day and time slot are unavailable. If this occurs, we will cancel your order and we will contact you and ask you to rebook the delivery of your order.

8.7

You will be charged the prices which are quoted on the Website on the date your basket is populated (includes any promos and discounts at that date). Further details on charges can be found at clause 3 above.

8.8

Delivery can be made to any of the addresses specified by you in the "Details & Settings" section of your account on the Website. It is your responsibility the correct address is identified for delivery.

8.9

The Ocado Reserved service may only be used by the named account holder and is not transferable. We reserve the right to request proof that you are associated with your Ocado Reserved delivery.

8.10

You have the right to change your mind and cancel your registration to the Ocado Reserved service at any time on the Website - please refer to your “Orders” on the Website, where you can choose “Manage Reserved Orders” and then select “Cancel Reserved”. This cancellation will take effect immediately, and no further Reserved orders will be placed. However, any Ocado Reserved orders due to be delivered within the next 14 days will not be automatically cancelled and needs to be done manually. This can be done by clicking on individual orders on the Order page and clicking ‘Cancel Order’.

8.11

We reserve the right to monitor your usage of the Ocado Reserved service and to terminate the use of such service (upon 14 days notice) if we believe, in our sole discretion, that:

8.11.1

the service is being used in breach of the Ocado Terms;

8.11.2

you are cancelling your reserved delivery slot on a regular basis;

8.11.3

you are in breach of any other terms and conditions relating to Ocado Reserved or the Ocado Terms; or

8.11.4

you have engaged in conduct that is fraudulent or a misuse of the service or is harmful to our interests.

8.11

If orders are not paid for in full or your bank declines payment on your payment method and as a result, money is owing to us, then we reserve the right to suspend your ability to place further orders on the Website and to use Ocado Reserved until such time as the outstanding balance has been paid in full. If the payment card we have on record for you is unavailable (in that we cannot successfully charge you for the order that has been generated using Ocado Reserved), we may immediately terminate your use of the Ocado Reserved service. This means that all new orders going forward will need to be ordered through the Website in the usual manner.

8.12

We are entitled to withdraw or suspend the Ocado Reserved service at our sole discretion at any time.

9.1

We guarantee to deliver products with a certain minimum number of days of product freshness ("Ocado Fresh+ Promise"). The Fresh+ Promise is displayed on the Website by giving the specified number of days until 'use by' or 'best by' date stamped on the product (DAYS+) from the day after the product is delivered to you. We make all reasonable efforts to meet the Fresh+ Promise, but there may be exceptional situations where the Fresh+ Promise has not been met for a product. Where you are not satisfied with a product we will refund the price provided that you notify us in accordance with clause 7.

9.2

If there is more than one expiry date on a product, it is the later date that is used to establish the Fresh+ Promise (usually called 'use-by' date). If there is a difference between the expiry date on the product and the information listed on your customer receipt, it is the expiry date on the product that prevails.

9.3

If you start creating an order without booking a delivery slot, you'll see Fresh+ Promises that are based on a delivery slot for the following day. To obtain a more accurate picture regarding the Fresh+ Promises of products, you are encouraged to book your delivery slot before filling your shopping trolley.

10.1

Nothing in these Ocado Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights if you are a consumer. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.

10.2

We will not be liable, whether in contract, tort (including, without limitation, negligence), representations (other than fraudulent on negligent misrepresentations), under statute or otherwise arising out of or in connection with these Ocado Terms for any individual or a combination of:

10.2.1

special, indirect or consequential loss or damage; or

10.2.2

loss of profits; or

10.2.3

loss of revenue; or

10.2.4

loss of privacy or data; or

10.2.5

loss of goodwill or reputation; or

10.2.6

loss of business or anticipated saving; or

10.2.7

loss or damage caused by any reliance you had in having the products delivered to you or arising out of our supply or failure to supply the products to you.

10.3

The products are sold to you on the basis that you are a customer therefore we will not be liable for any special losses that you might suffer using, re-distributing or reselling the products as part of a business.

10.4

In addition to clause 6.7, we will not be liable (whether in breach of contract, tort, negligence, misrepresentation or otherwise) as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment or vehicles, road traffic problems, travel restrictions, pandemics, epidemics, spread of illness, lockdowns or other government controls and restrictions.

10.5

Other than as set out in clause 10.1 above, our maximum liability arising out of any order for the supply of products to you under this contract will be limited to the retail price of the products contained in that order and the cost of delivery.

11.1

Our privacy notice is incorporated into these Ocado Terms. Please click here for further details.

11.2

Telephone calls made to and from our Customer Service team are recorded for complaint handling, quality and monitoring purposes.

11.3

In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.

11.4

We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless we have a lawful basis to do so. We will share your personal information with our affiliated companies operated by the Marks & Spencer Group and Ocado Group provided that they follow practices at least as protective as those described in our privacy notice.

13.1

When submitting a product review on the Website, you warrant that:

13.1.1

you are the sole author and owner of any intellectual property linked to the review;

13.1.2

the content of the review is accurate and not false or misleading;

13.1.3

you have voluntarily waived any moral rights that you may have in the content of the review;

13.1.4

the use of the content of the review will not breach any of the Ocado Terms, or cause harm to any person or entity; and

13.1.5

you have previously purchased the product being reviewed at Ocado.

13.2

You undertake to us that you will not submit content:

13.2.1

that is defamatory, obscene, libellous, religiously or racially biased, hateful or unlawfully threatening, harassing to any person or entity or is otherwise objectionable;

13.2.2

that infringes any third party rights, including any copyright, patents, trademarks, publicity or privacy rights or other intellectual property rights or other rights;

13.2.3

where you have received any compensation or consideration for submitting the content. This restriction does not apply where we send a free product to you for the purpose of submitting a review;

13.2.4

that includes references to any other websites, addresses, emails addresses, contact information or telephone numbers or in any other way, directly or indirectly, contains any information that does not relate to the product itself (e.g. reference to competing products or other irrelevant references);

13.2.5

that contains viruses, worms or other potentially damaging computer programs or files;

13.2.6

that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

13.2.7

that would constitute, encourage, promote or provide instructions for conduct of an illegal activity, criminal offence or civil liability; and

13.2.8

that contains medical or health advice.

13.3

You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of the above undertakings.

13.4

Ocado may share the content submitted with third parties, including for use on third party websites.

13.5

Ocado, at its sole discretion, may remove or refuse to publish submitted content for any reason. We will not be held responsible for any submitted content or content not published.

13.6

You have the right to access and the right to request erasure of your review. Ocado does not amend reviews. Any published review which is found to be inaccurate or requires rectification, will be removed.

13.7

For any content submitted, you grant us a revocable, royalty-free, transferable right and license to use, copy, delete in its entirety, publish, translate, create derivative works from and/or distribute the content and/or incorporate such content into any form, medium or technology, throughout the world without compensation to you subject to your data subject rights detailed in clause 13.6.

13.8

Ocado, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees are not under any obligation of confidence in relation to the content you submit.

13.9

By submitting a product review, you agree that we may use your email address to contact you about the submitted content or for administrative purposes.

13.10

If you see a review on the Website which you are concerned about, for example, if you believe it breaches this clause 13, then you can notify us using the helpdesk here.

13.11

Customer reviews are subjective. Customer reviews should not be regarded as medical or health advice; no reliance should be placed on them; and they are not endorsed by Ocado. If you have any health problems or questions regarding the suitability of any product, please consult a health professional. Products are not medicinal unless otherwise stated.

14.1

Any complaints should be addressed to the Ocado Customer Service Helpline you will find an e-mail link or address and telephone numbers here.

14.2

If any of these Ocado Terms are 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 Ocado Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

14.3

These Ocado Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter or formation will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.

14.4

If we delay in taking steps against you as a result of you breaching these Ocado Terms, it will not prevent us taking steps against you at a later date.

14.5

All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the 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 the Website, 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 Website without our prior written permission. We may impose a fee on any proposed use of the material data and content contained on its Website, other than for placing orders through the Ocado.com Website.

14.6

Notwithstanding the ongoing relationship between Ocado and any of our commercial partners from time to time, and the historical use of certain slogans, the businesses do not have any liability for each other's obligations nor are they jointly or severally liable for any legal purposes.

14.7

Ocado.com is a trading name of Ocado Retail Limited. The registered company address for Ocado Retail Limited is Apollo Court, 2 Bishop Square, Hatfield Business Park, Hatfield, Hertfordshire, AL10 9NE. Registered in England. Company registration number: 03875000.

15.1

Ocado Smart Pass ('Smart Pass') is a membership service open to customers which provides Smart Pass members with certain benefits and discounts. These Ocado Terms will apply to your membership of Smart Pass and all purchases made when using your Smart Pass.

15.2

Smart Pass is not available for business customers, legal entities or for customers who purchase items for business use or for the purpose of resale.

15.3

You must have an Ocado account to sign up for and use your Smart Pass.

15.4

Your membership to Smart Pass is subject to fair usage terms set out below. You acknowledge and accept that:

a)

Smart Pass may only be used by the named account holder and is not transferable;

b)

we reserve the right to monitor your usage of Smart Pass;

c)

you will not cancel your agreed delivery slots on a regular basis;

d)

we may limit the number of orders or quantities of products supplied to you if, in our opinion, the quantity of products or number of orders jeopardises availability for other customers;

e)

you will observe and comply with the Ocado Terms; and

f)

we reserve the right to request proof that you are associated with your delivery address(es).

15.5

Your membership fee will be the fee displayed on the Website at the time you purchase your Smart Pass or when your membership is renewed. The membership fee is non-refundable except as expressly set out below.

15.6

Your membership fee will be charged on the date Ocado sends you an email confirming your membership activation.

15.7

Your membership will be renewed automatically at the end of your membership period (e.g. monthly, 3-monthly, 6-monthly or annually depending on your subscription).Your membership fee may be subject to an increase on renewal.

15.8

If your subscription is every 6 months or annual, we will contact you to remind you your membership is up for renewal at least 28 days prior to the relevant date, and notify you of any change in the membership fee. If you are on a monthly renewal you will only be contacted if there is a change in price upcoming. Unless you notify us before the renewal date that you do not want to automatically renew and that you wish to cancel your membership on expiry of the current term, you understand that your membership will automatically renew for the same period as your previous term and you authorise us to collect the then-applicable membership fee from the payment card we have on record for you. Your initial purchase of a Smart Pass membership is an authorisation for us to use this payment card. If, before renewal, you decide to cancel your Smart Pass membership or you do not want to automatically renew, please contact us on 0345 656 1234.

15.9

You have the right to change your mind and cancel your Smart Pass membership within 14 days (counted from the day after your membership is activated according to clause 15.6 above) provided you have not used your membership in that time. If you do decide to cancel, you must contact us on 0345 656 1234 and we will issue you with a full refund for the cost of the membership fee. If you have purchased a Smart Pass using a special offer voucher (giving money off your grocery order on condition that you simultaneously purchase Smart Pass) and you subsequently cancel your membership, we will issue you with a refund equal to the cost of the membership fee paid less the value of the special offer voucher redeemed.

15.10

If you wish to cancel your membership at any other time, please contact our Customer Hub on 0345 656 1234.

15.11

From time to time, we offer customers free Smart Pass trials. Depending on your Smart Pass trial, at the end of it you may automatically be placed on a membership at the fee advised to you. If you do not want to continue with your Smart Pass trial, simply call us on 0345 656 1234 or send an email to ocado@ocado.com prior to your membership activating.

15.12

In return for payment of your membership fee, we will offer you the following benefits:

a)

Next day deliveries, or deliveries that occur on a date after this, will not incur further charge. We reserve the right to charge a delivery fee for same day deliveries. You can receive up to one delivery per day, without incurring further delivery charges. Please note that delivery charges may be payable for deliveries during the Seasonal periods (for example Christmas), and delivery slots generally are subject to availability and cannot be guaranteed. Should this be the case, the delivery charges will be set out on our Website.

b)

Priority access to Christmas delivery slots. We will give you priority access to book deliveries during the Christmas Period unless you are in a trial period. We will contact you informing you of priority access to and how to book a Christmas delivery slot before the slots are made available to customers who are not Smart Pass members. Please note that:

i.

You may be restricted as to the number of deliveries you can book during the Christmas Period.

ii.

You may be required to pay delivery charges for deliveries booked during the Christmas Period.

iii.

The availability of delivery slots during the Christmas Period is not guaranteed.

iv.

For deliveries during the Christmas Period, we reserve the right to charge you an amount equal to your delivery fee in the event you cancel your order and/or delivery 14 days or less prior to your delivery date.

v.

If you become a new Smart Pass member after a cut off date in August or September, you may not receive priority access to delivery slots during the Christmas Period for that year, but you will receive priority access the following year if you are still a Smart Pass member. The exact cut off date to become a Smart Pass member and receive priority access for the relevant year will be communicated each year via our FAQs page here and email communications.

c)

Discounts on selected items. We may offer you discounts on selected products from time to time as stated on our Website subject to the following:

i.

If a product that is the subject of a Smart Pass discount is also subject to a generally applicable promotional offer on (for example: buy one, add one free) you will receive the larger discount of the two, but not both.

ii.

Orders already placed when your membership is activated will be subject to the product prices applicable at the time the order was made (i.e. without any Smart Pass discount(s) applied) unless the delivery slot is changed once your membership has been activated (in which case the order shall then have the Smart Pass discounts applied to the relevant products, as appropriate).

iii.

You may be eligible to receive any product samples that we believe may be of interest to you if you place an order during availability and while stocks last.

15.13

Your Ocado Smart Pass membership does not guarantee you a delivery slot or guarantee that the products subject to the Smart Pass discount will be in stock. All stock is subject to availability.

15.14

Orders placed before a Smart Pass membership is activated will be subject to our delivery charges applicable at that time.

15.15

Products to which the Smart Pass benefits apply will be shown to you at the time you become a member. Ocado reserves the right to remove or add products to which the Smart Pass benefits apply from time to time at its sole discretion. If a product is delisted or discontinued, then it will be removed from the products available to Smart Pass members.

15.16

If you order a product that is unavailable, we may offer a reasonable substitute. This may affect the product price you pay, however you will still receive the same percentage discount on the substitute product that you would have received had the original Smart Pass product been available. Provided you have not touched the substitute item, if you reject any substitute item, we will refund the amount you have been charged for that substitute.

15.17

Ocado reserves the right to change or withdraw your Smart Pass benefits (or any element of them) at any time. We will contact you in advance of any material change to your membership benefits before it takes effect.

15.18

If you feel that a change to your Smart Pass benefits is to your disadvantage, then please contact us on 0345 656 1234. Otherwise, your continued membership after we notify you shall constitute your acceptance of these changes which will become effective at the end of the relevant notice period. We will not be liable for any losses resulting from any changes to, termination or withdrawal of, any Smart Pass benefits.

15.19

We reserve the right to accept or refuse membership to Smart Pass at our discretion. We may also amend, suspend or terminate your membership or the Smart Pass membership scheme at any time at our sole discretion.

15.20

If you owe us any outstanding monies, your Smart Pass membership may be suspended by us and will only be re-activated at our discretion. We will not under any circumstances reactivate your membership until such time as the outstanding balance has been paid in full and / or you change or update your payment card details to a card that can successfully be charged the applicable renewal fee and/or any monies you owe to us.

15.21

If your Smart Pass membership is suspended by us, your renewal dates will remain the same when your Smart Pass membership becomes active again and you will forfeit the use of your Smart Pass membership during the period your Smart Pass membership is suspended.

15.22

In the case of termination or suspension by us under these Ocado Terms, you shall not be entitled to receive a refund of any part of your membership fee.

15.23

By becoming a member of Smart Pass, you agree to (i) receive emails providing information about Smart Pass, but you are free to opt-out of marketing messages at any time; and (ii) being entered automatically into prize draws we run for Smart Pass members from time to time.

16.1

This section is applicable to discount offers and the use of vouchers and are in addition to any other terms and conditions specified on the offer or voucher themselves. For the avoidance of doubt, where there is any conflict between these Ocado Terms and the terms and conditions on a Voucher or applicable to any discount offer the terms and conditions on the relevant Voucher or applicable to the discount offer shall take precedence.

16.2

Vouchers may be made available to you by us or by selected affiliates and authorised partners. They entitle you to a saving off your shopping (the "Voucher"). Each Voucher will explain the saving and how it works and any restrictions that apply. They are activated by entering codes into the checkout section of the Website.

16.3

We may from time to time run or offer more than one type of discount offer or Voucher simultaneously. Different terms and conditions may apply to different discount offers or Vouchers. We reserve the right to limit the applicability of any particular offer to specific regions or delivery areas.

16.4

Money off Vouchers:These Vouchers entitle you to money off your total shop. Where the Voucher does not state a minimum spend, your order must meet the standard Minimum Order Requirement in order to redeem your Voucher. Some vouchers include free deliveries for 3, 6 or 12 months and include a free Smart Pass - if you activate one of these vouchers you will be emailed within seven days of your first delivery with information on your free Smart Pass. See the Smart Pass section of these Ocado Terms for more details.

16.5

Grocery Vouchers: These Vouchers entitle you to money off products in certain grocery categories. The discount will only be applied to products in the specified category. Examples of categories include: Fresh, Food Cupboard, Bakery, Frozen, Soft Drinks, Tea & Coffee, Baby Meals and Finger Foods, and Toiletries.

16.6

Fresh food Vouchers: These Vouchers entitle you to money off products in the Fresh category, which includes fresh fruit and vegetables, meat, poultry and fish, dairy, eggs, chilled drinks and other fresh food. The Vouchers cannot be used for products in the following categories: Food Cupboard; Bakery; Frozen; Soft Drinks, Tea & Coffee; Toiletries; Household; Pet; Kitchen & Dining; Home & Garden; Beauty & Clothing; Health & Medicines; Newsagent & Entertainment; Toys & Games; Alcohol and tobacco products; Flowers; Recipe Boxes; postage stamps; infant formula; the purchase of Ocado Gift Vouchers; and food donations with Ocado.

16.7

Product specific Vouchers: These Vouchers entitle you to money off specific products, or in some cases, a free product. The terms and conditions applicable to these Vouchers are included on the specific Vouchers themselves.

16.8

Free delivery Vouchers: These Vouchers entitle you to a free delivery slot on a specific day within a specified time period. Once you have chosen a delivery slot to which the Voucher applies the delivery fee will be reduced to £0 once you have inputted the free delivery Voucher code and proceeded to the final checkout page. Where the Voucher does not state a minimum spend, your order must meet the standard Minimum Order Requirement to be able to redeem your Voucher.

16.9

Ocado Zoom Vouchers: Ocado Zoom money-off vouchers and free delivery vouchers are only valid for orders placed with Ocado Zoom on https://zoom.ocado.com/content/terms-conditions.html.

16.10

You can activate Vouchers by following the instructions on the Voucher. You must use code(s) in the correct order (if applicable) and enter the code(s) at the checkout stage of your order process.

16.11

If a Voucher code is not used correctly, you may receive an automatic error message. If you get an error message, please check the Voucher instructions and try again or alternatively contact our Customer Hub.

16.12

Each Voucher will state the validity period, and you must place or have your order delivered during this time (the requirements will be stated on the voucher). The Voucher will expire automatically on the expiry date stated on the Voucher.

16.13

Vouchers only apply to products purchased on the Website.

16.14

Vouchers cannot be combined with each other (unless otherwise indicated) but can be combined with general product promotional offers appearing to all customers on the Website.

16.15

Vouchers cannot be applied to past orders made with us and cannot be backdated or redeemed for cash.

16.16

Each Voucher type may be used only once per customer. If more than one customer is registered at the same delivery address, a Voucher type may only be used by one customer registered at that address. For example, a Voucher for money off your first shop may only be used by one customer at each registered address.

16.17

You may only use a Voucher that has been assigned to your account. You may not use a Voucher that has been assigned to another customer's account, and you must not pass any Voucher code on to any other customer for use on other accounts.

16.18

We reserve the right to withdraw or terminate any Voucher at any time, either in whole or in relation to specific delivery times or areas. If this happens, then the relevant Voucher may not be used for any orders placed after the date of withdrawal or termination.

16.19

We reserve the right to reject the use of a Voucher where fraud or breach of these Ocado Terms or the Voucher terms and conditions is suspected. Under these circumstances, we also reserve the right to cancel your order and suspend your account, in accordance with clauses 1.6 and 1.7 of the Ocado Terms.

16.20

Buy any 3 save 25% M&S Wine Sale. Order by 03/02/2026, offer subject to availability. Maximum 18 promotional items per customer. The discount shall also apply when you purchase 6, 9, 12, 15 or 18 bottles. Discount applies to the 3 cheapest bottles of wine in your basket.

2.1

The following conditions in Section A shall be amended as follows:

2.1.1

Conditions 1.1, 7.5, 7.6, and 10.5 in Section A shall not apply to business customers and shall be deleted in their entirety.

2.1.2

Condition 2.5 shall be amended to read: There is a minimum order requirement (excluding delivery charges) for every order placed (the “Minimum Order Requirement).”). The standard Minimum Order Requirement is currently £20.00 (excluding delivery charges), but we may change this from time to time, including temporary changes during certain periods. Any order between £20 to £39.99 shall incur a £10 delivery charge. Any order £40 or above will be subject to the delivery charge shown on the Website. Any changes to the Minimum Order Requirement will be set out on the Website and clearly indicated before you place your order. If you are using a money off voucher, the purchase of cigarettes, cigars, tobacco, postage stamps and infant formula will not contribute to the Minimum Order Requirement relating to that voucher.

2.2

As a business customer, you must be a business which is operated by a person who is 18 years old or over and must have completed the registration process in order to place an order. The registration process may require you to provide some compulsory personal information which will be processed in accordance with our Privacy Notice available here.

2.3

As a business customer you do not have the right to cancel the contract at any time after the cut off time. Should you wish to cancel your order after the cut off period but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the items contained in your order and the cost of delivery.

2.4

We will always try to supply you with the full quantity of products that you have ordered. If you are not satisfied with the quantity that you have received, we will arrange with you for non-perishable products to be returned to us (please note that the products must not be used and must be in good condition). In the event that the products delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect products you receive and/or products which you have not received. In any event, subject to condition 11.1 of Section A, our maximum liability arising out of any order for the supply of goods to you as a business customer under this contract will be limited to the price of the goods contained in that order.

3.1

In addition to the rights of termination set out in Sections A and B, we reserve the right to terminate or suspend your usage of the Ocado Reserved service or your account at our sole discretion immediately on giving you notice.

3.2

You shall comply with the Bribery Act 2010 and all applicable laws in connection with bribery, modern slavery or anti-corruption including ensuring that you have in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that all of your personnel involved in performing the contract so comply.

3.3

You shall indemnify, and keep indemnified, Ocado from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Ocado as a result of or in connection with your breach of any of your obligations under the Ocado Terms.