Terms

TERMS AND CONDITIONS

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (“Terms”) on which we supply the produce (“Produce”) to you in connection with your subscription to the dietary programmes (“Programmes”) listed on our website (“our site”).

These Terms will apply to any contract between us and you for the subscription to a Programme by you (“Contract”). Please read these Terms carefully and make sure that you understand them, before subscribing to a Programme on our site. Please note that before subscribing to a Programme you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to subscribe to any Programme from our site.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order a Programme, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1.        INFORMATION ABOUT US

1.1.      We operate the website www.eatwelldeli.com. We a limited company, a company registered in England and Wales under company number 09315440 and with our registered office at 7-11 Nelson Street, Southend-on-Sea, Essex SS1 1EH. Our main trading address is 7-11 Nelson Street, Southend-on-Sea, Essex SS1 1EH. Our VAT number is GB 204 1683 40.

1.2.     CONTACTING US

1.3.       If you wish to contact us you can contact us by emailing our customer service team at orders@eatwelldeli.com.

1.4.       If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2.         OUR PRODUCE

2.1.       The images of the Produce on our site are for informative or illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Produce. Your Produce may vary slightly from those images.

2.2.       The packaging of the Produce may vary from that shown on images on our site.

2.3.       Although we will endeavour to ensure that the Produce is as described in the Programme, there may be occasions where we are not able to source, for whatever reason, certain types of Produce. In such cases we reserve the right to provide a substitute that is similar but not identical to the Produce described in the Programme.

2.4.       You may terminate your weekly rolling subscription at any time by giving us notice in writing but will not be given a refund if you choose to do so. If you choose to cancel your weekly rolling subscription during the Programme, deliveries of Produce will continue for until the end of such Programme but your subscription will not automatically renew at the end of the Programme.

3.         USE OF OUR SITE

Your use of our site is governed by our Terms of website use. Please take the time to read this, as it includes important terms which apply to you.

4.         HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.         YOUR STATUS

You may only subscribe to a Programme on our site if you are at least 18 years old.

6.         HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1.       Our website will guide you through the steps you need to take to subscribe to a Programme with us. Our subscription process allows you to check and amend any errors before submitting your subscription request to us. Please take the time to read and check your request at each page of the subscription process.

6.2.       After you place a request, you will receive an e-mail from us acknowledging that we have received your request. However, please note that this does not mean that your request has been accepted. Our acceptance of your request will take place as described in clause 6.3. We reserve the right to reject your request for subscription to a Programme for any reason whatsoever.

6.3.       We will confirm our acceptance to you by sending you an e-mail that confirms that your request has been accepted and that the first package of Produce forming part of the Programme is to be dispatched (“Subscription Confirmation”). The Contract between us will only be formed when we send you the Subscription Confirmation.

7.         OUR RIGHT TO VARY THESE TERMS

7.1.       We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

7.2.       Every time you subscribe to one of our Programmes, the Terms in force at the time of your subscription will apply to the Contract between you and us.

7.3.       We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.

7.4.        If we have to revise these Terms, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You shall not be entitled to a refund in such circumstances.

8.        DELIVERY

8.1.      We shall endeavour to deliver the Produce in accordance with the delivery plan contained in the Subscription Confirmation (“Delivery Plan”).

8.2.      In respect of each delivery of Produce, we will contact you by email to inform you when the Produce has been despatched and to provide an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.

8.3.      If no one is available at your address to take delivery, we will leave the Produce with a neighbour and leave a note at the delivery address informing you with whom it has been left.  If there is no available neighbour, we will leave the Produce in a suitable place by the delivery address.  It is your responsibility to inform us if neither of these options are acceptable to you.

8.4.      Delivery of each package of Produce shall be completed when we deliver the Produce to the address you gave us, or as otherwise provided in clause 8.3, and the Produce will be your responsibility from that time.

8.5.       If we fail to deliver a package of Produce in accordance with the Delivery Plan, you should notify us of such failure. On receiving such notification, we shall refund you the price of such package which shall be determined as a pro-rata calculation based on the total Produce to be delivered in the Programme (for example, if one package of Produce is delivered late and the Programme comprises 10 packages at a total cost of £100, you shall be refunded £10).

9.        NO INTERNATIONAL DELIVERY

9.1.      Unfortunately, we do not deliver to addresses outside the UK or to Northern Ireland.

9.2.      You may subscribe to a Programme from outside the UK, but the Produce must be delivered to an address in the UK excluding Northern Ireland.

10.      PRICE OF PROGRAMMES AND DELIVERY CHARGES

10.1.     The subscription fee for each Programme will be as quoted on our site at the time you submit your subscription request.

10.2.     Subscription fees for our Programmes may change from time to time, but changes will not affect any Programmes you have subscribed to or requested subscription to.

10.3.     The subscription fee to a Programme includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your request for subscription and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Programme in full before the change in VAT takes effect.

10.4.     The subscription fee for Programmes includes delivery charges.

11.        HOW TO PAY

11.1.       You can only pay the subscription fee for a weekly rolling subscription via PayPal. Please see PayPal’s terms and conditions (posted at www.paypal.com) for details of the payment types that are accepted and the relevant terms of use.

11.2.       Payment of the subscription fees for the weekly rolling subscriptions is in advance. We will not process payment until we dispatch your order.

11.3.       By subscribing to a weekly rolling subscription, you authorise us to use the card details you provide to us to take regular [weekly] payments for the relevant subscription fee. If that card expires at any time or we are otherwise unable to take payment from it, you must provide us with an alternative payment method. We reserve the right to suspend the subscription of any user that has not paid all of their subscription fees.

12.        OUR WARRANTY FOR THE PRODUCE

12.1.       We provide a warranty that on delivery and for a period of [48] hours from delivery, the Produce shall be of satisfactory quality. However, this warranty does not apply in the circumstances described in clause 12.2.

12.2.       The warranty in 12.1 does not apply to any defect in the Produce arising from:

1.        your failure to store Produce in accordance with the instructions provided with such Produce; or

2.        where no such instructions are provided, your failure to store Produce in an appropriate manner given the nature of such Produce.

12.3.        This warranty is in addition to, and does not affect, your legal rights in relation to Produce that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

13.        OUR LIABILITY

13.1.       If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.2.       We only supply the Produce for domestic and private use. You agree not to use the Produce for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3.       We do not in any way exclude or limit our liability for:

1.                death or personal injury caused by our negligence;

2.               fraud or fraudulent misrepresentation;

3.               any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

4.               any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

5.               defective products under the Consumer Protection Act 1987.

14.         EVENTS OUTSIDE OF OUR CONTROL

14.1.        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2 below.

14.2.       An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3.       If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

1.                 we will contact you as soon as reasonably possible to notify you; and

2.                 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Produce to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4.       You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 7 days and shall be entitled to a refund in such circumstances. To cancel please contact us.

15.          COMMUNICATION BETWEEN US

When we refer, in these Terms, to “in writing”, this will include e-mail.

16.          OTHER IMPORTANT TERMS

16.1.         We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2.         This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3.         Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4.         If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.5.         Please note that these Terms are governed by English law. This means a Contract for the subscription to a Programmes through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you or we may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you or we may also bring proceedings in Scotland.

 

17. Please if you have any complaints contact us at info@eatwelldeli.com

EU online dispute resolution (“ODR”) service.

In order to promote e-commerce the EU wants consumers who buy a product or service online to be able to submit complaints to traders via an EU platformhttp://ec.europa.eu/odr. That site will then transmit the complaint to an alternative dispute resolution (“ADR”) entity to try to facilitate a solution. The EU service will be operational by 15 February 2016.

Our trading email address is info@eatwelldeli.com.

If you feel you would like take this further please follow the link below.

http://ec.europa.eu/odr