44 FOODS LIMITED
TERMS AND CONDITIONS OF SALE
These Terms and Conditions were updated on 12 November 2020.
1.1 This website is operated by 44 Foods Limited, a company registered in England and Wales. Our company registration number is 12605532 and our registered office is at Atlantic House, Oxleasow Road, Redditch, England, B98 0RE (“we”, “us” or “our”). Our registered VAT number is 123334942. By using the https://44foods.com website (“website”) you are bound by these Terms and Conditions.
1.2 These Terms and Conditions apply to your purchase of any produce from us on our website. The governing terms and conditions when you place each order will be those in effect at the date of your order. You should check prior to each order to ensure that you accept the current terms and conditions.
1.3 We have tried to make these Terms and Conditions easy to understand but we do understand that you may feel uncertain about some sections when you read them. Our staff are here to help and will be more than happy to assist you with any query you may have.
1.4 If you have a query about these Terms and Conditions or do not accept them, please contact us:
Address: 44 Foods Limited, Atlantic House, Oxleasow Road, Redditch, England, B98 0RE
1.5 A copy of these Terms and Conditions and all other documents which apply to your purchase of a product are available for you to read on our website.
1.6 If you would like this contract in another format please contact us using the contact details in Clause 1.4 above.
2 YOUR ACCOUNT
2.1 You need to register an account with us to buy produce on the website (“Account”) or you may use the guest checkout. You must be at least 16 (sixteen) years old and resident of the United Kingdom to register an account with us. The website is intended for use only in England, Scotland and Wales.
2.2 You must ensure that your username and password are kept secure and confidential. You are responsible for any activity on your Account. It is your sole responsibility to monitor and control access to and use of your Account. You agree to keep your information accurate, complete and current.
2.3 You may make copies of your information contained in your Account in any format and in doing so, you may make copies of reasonable portions of the website and the material and content of the website and your Account.
3 PLACING AN ORDER
3.1 This section sets out how a legally binding contract will be formed between you and us.
Completing an order
3.2 To purchase produce on our website, you need to add items to your basket and follow the steps on the website to guide you through to checkout. You will also need to select an available delivery slot.
3.3 You should check your basket carefully before submitting your order. You should also ensure that the personal details (especially your email address and the delivery address) in your Account are correct.
Acceptance of an Order
3.4 Once you have submitted your order, we will acknowledge it by email detailing the products you have ordered (“Confirmatory Email”). Acceptance of your order will take place when we receive payment from you, payment will be taken on the day the order is placed. The Confirmatory Email will include your order number and personal details and will include a link to these Terms and Conditions. Once payment has been received a legally binding contract (“Contract”) will be formed.
3.5 Our products are subject to availability. We may limit the quantities of particular items supplied to any one customer at our sole discretion.
3.6 We will contact you if all or part of your order has not been accepted. This will usually be because:
(a) the item is unavailable;
(b) we cannot authorise your payment; or
(c) there has been a mistake on the pricing or description of the produce.
3.7 We only sell in England, Scotland and Wales. Our website is solely for the promotion of our products in England, Scotland and Wales. Unfortunately, we do not accept orders from or deliver to addresses outside England, Scotland and Wales.
3.8 Please note, you do have the right to cancel the Contract and we have set out how you can do that in Clause 10 (Cancellations) below.
4.1 We use a third party logistics company (“Courier”) to deliver our products. You can see the delivery options which are available to you during the checkout process on our website. You will be asked to select your preferred delivery day when you check out. You cannot change this delivery day. If you need to contact the Courier for any reason about your delivery, please contact us at email@example.com.
4.2 Delivery of produce will take place when our Courier delivers to the address specified by you during the checkout process. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.3 It is your responsibility to either:
(a) ensure that an appropriate person is available to take delivery at the delivery address during the delivery slot; or
(b) tell us where we can leave your order at safe place at your address.
We are not responsible in any way for the consequences of the delivery being left unattended for a period of time, whether left in your nominated safe place or not. This includes but is not limited to theft, tampering, contamination or the deterioration of chilled produce.
4.4 You are responsible for produce when delivery has taken place. In other words, the risk in produce passes to you when you take possession of the produce, or it is left in the safe space you have specified.
4.5 If you are not satisfied with an order you have received or if the order is incorrect, something is missing or produce arrives which is not fit for consumption, you must notify us as soon as possible.
4.6 If something happens which:
(a) is outside of our control (for example adverse weather conditions); and
(b) affects the estimated time or date of delivery;
we will give you a revised estimated time or date for delivery of the products.
5 OUR PRODUCE
5.1 Our produce is seasonal, so it changes regularly so you can buy what is growing in our suppliers’ fields and farms at that time of year. This means that not all produce will be available all year round. We may change the variety, number and type of produce available on the website regularly and without notice. Produce is likely to become unavailable out of season as towards the end of seasons.
5.2 Produce may vary slightly from their pictures. The images of the produce on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the produce. Your produce may vary slightly from those images.
5.3 Produce packaging may vary from that shown in images on our website.
5.4 Whilst we believe product information on our website to be accurate at the time of publication, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not solely rely on the information presented on our website. Please always read the labels, warnings, and directions provided with the product before using or consuming a product. To the extent permitted by applicable law we accept no responsibility for, and make no representation or give any warranty or undertaking express or implied as to the accuracy or completeness of the information contained on our website.
5.5 All products that you order will remain our property until we have delivered the products to the delivery address stated in the order.
5.6 If we have not received payment in full for the produce prior to their delivery, then the products will remain our property until such time as payment is received in full.
6.1 The price of the produce:
(a) is the price indicated on the order pages when you checkout;
(b) is in pounds sterling (£)(GBP); and
(c) includes VAT at the applicable rate.
6.2 Some costs, such as the delivery charge, are shown as a separate charge on the checkout page.
6.3 We take all reasonable care to ensure that the price of the item shown on the website is correct. However, it is always possible that, despite our best efforts, some of the items we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the item’s correct price at your order date is:
(a) less than our stated price at your order date, we will charge the lower amount;
(b) higher than our stated price at your order date, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any products provided to you.
7.1 We accept all major credit and debit cards via Stripe. PayPal customers who would like to use PayPal payment method when placing an order can click on the “Checkout with PayPal” button when checking out. We do not accept cash.
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Payment will only be taken on the day you place your order with us.
7.4 If your payment is not received by us and you have already received the products, you must pay for the products within 30 days and compensate us for all reasonable costs and expenses incurred by us in obtaining payment from you. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
7.5 Nothing in this Clause affects your legal rights to cancel the Contract during the ‘cooling off’ period (if applicable) under Clause 10 (Cancellations).
8 PROMOTIONS AND OFFERS
8.1 From time to time purchase of goods may be subject to offers and promotions, at our sole discretion. These Terms and Conditions will apply to any such offers and promotions. If there are any conflicts between the terms of the offer or promotion and these Terms and Conditions, then these Terms and Conditions will apply.
8.2 The number of customers who may partake in any offers and promotions may be limited in quantity, and we reserve the right to withdraw offers and promotions without notice at any time.
9.1 By law, we are required to supply goods which are as described by us, fit for purpose and of satisfactory quality.
9.2 If you feel we have not met these requirements, please contact us using the contact details at Clause 1.4, to request:
(a) that we replace the products;
(b) a price reduction; or
(c) to reject the products and get a refund.
9.3 For more detailed information on your rights and what you should expect from us, you can visit the Citizens Advice website www.citizensadvice.uk or call 03454 040506.
10.1 You may cancel your Contract for non-perishable products within 14 days from the day on which you acquire physical possession of the produce (including where your order is left in the safe place nominated by you), without giving any reason.
10.2 You do not have the right to cancel your Contract for perishable products (fresh and frozen food). If you want to cancel your order after it has been placed, then we may charge you in full for the perishable products contained in your order.
10.3 To exercise your right of cancellation for non-perishable products, you must:
(a) inform us (at the contact details set out in paragraph 1.4 of these Terms and Conditions) of your decision to cancel the order by a clear statement (e.g. a letter sent by post or email) within the 14 day period. You may use the model cancellation form attached to these Terms and Conditions (but it is not obligatory).
(b) if you have received the products relating to the order you wish to cancel, return those product(s) to us at the address stated on the delivery note provided with the product(s) within 14 days from the day on which you tell us you want to cancel. The deadline is met if you return the products before the 14 day period has expired. Please keep a copy of proof of postage. You will have to pay the cost of postage of returning the items.
10.4 If you decide to cancel your order, we will reimburse you for all payments for non-perishable goods which we have received from you in relation to your order, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive option offered by us).
10.5 If you decide to cancel your order any goods must be returned unused and in their original packaging in order to qualify for a full refund.
10.6 We will make the reimbursement:
(a) within 14 days after the day we receive back from you the relevant products supplied; or
(b) (if earlier), 14 days after the day you provide evidence that you have returned the relevant products to us; or
(c) if no products were supplied to you, 14 days after the day on which we are informed about your decision to cancel the order.
10.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent the products back, whichever is the earliest.
10.8 No such rights of cancellation (as set out in this Clause 10) applies if you are purchasing the produce otherwise than as a consumer.
11 OUR RIGHTS TO CANCEL
11.1 We may cancel your delivery at any time by writing to you if:
(a) we believe you are in breach of these Terms and Conditions;
(b) we suspect fraud;
(c) you do not provide us within a reasonable time of us asking for it, information that is necessary for us to provide the products; or
(d) there is an outstanding payment for any account registered at your address.
12 OUR LIABILITY TO YOU
12.1 These Terms and Conditions do not exclude or limit our liability (if any) for:
(a) death or personal injury caused by our negligence;
(c) fraudulent misrepresentation; or
(d) any matter which it would be illegal for us to exclude or attempt to exclude our liability.
12.2 We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses. Subject to Clause 12.1 our maximum liability arising out of any order for the supply of goods to you under the Contract will be limited to the retail price of the goods contained in that order.
12.3 We are not responsible to you for any business losses that you may incur (including but not limited to lost profits, lost revenues, business interruption or lost data) or for losses to non-consumers.
12.4 You may have other rights granted by law and these Terms and Conditions do not affect these.
13.1 If you are unhappy with anything please contact us at the details set out in Clause 1.4 so we can resolve the matter.
14.1 In purchasing produce, you represent and agree that you are buying the produce solely for your personal use, and not for business reasons (for example for resale or commercial distribution).
14.2 These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions or any Contracts.
14.3 All Contracts will be governed by English law.
14.4 Any court proceedings must be taken at a court within England and Wales.
14.5 You may not transfer any of your rights under the Contract to any other person.
14.6 We may transfer any of our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
14.7 Only you and us have any rights under the Contract. No other person shall have any rights under the Contract.
14.8 You may not use our (or members of our group’s) trademarks or intellectual property without our prior written consent.
14.10 If you are a consumer then nothing in these Terms and Conditions will affect your statutory rights.
|To: 44 Foods Limited, Atlantic House, Oxleasow Road, Redditch, England, B98 0RE,firstname.lastname@example.org
|I/we* hereby give notice that I/we* cancel my/our* contract of sale for the following products:
|Ordered on* / Received on*:
|* Delete as appropriate