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Terms of Service

Last updated: August 15, 2023

Contents

  • Introduction
  • Eligibility
  • Your Account
  • Ordering & Delivery
  • Pricing & Payment
  • Refunds & Returns
  • Subscription Terms
  • User Conduct
  • Intellectual Property
  • Disclaimers
  • Limitation of Liability
  • Termination
  • General Provisions
  • Contact Us

Introduction

Welcome to FarmFresh Delivery. These Terms of Service ("Terms") govern your use of the FarmFresh Delivery website (farmfreshdelivery.co.uk) and the services we offer, including our product ordering, delivery, and subscription services.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

We may modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after any changes indicates your acceptance of the new Terms.

Eligibility

To use our services, you must:

  • Be at least 18 years old
  • Reside in the United Kingdom
  • Have the legal capacity to enter into a binding contract
  • Provide accurate and complete information when creating an account or placing an order

By using our services, you represent and warrant that you meet all eligibility requirements.

Your Account

When you create an account with us, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Immediately notify us of any unauthorized use of your account or any other breach of security
  • Ensure that you log out of your account at the end of each session
  • Not share your account credentials with any third party
  • Keep your account information updated

We reserve the right to suspend or terminate your account if any information you provide is inaccurate, outdated, or incomplete, or if we believe you have violated these Terms.

Ordering & Delivery

Ordering Process

When you place an order through our website, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order at our discretion.

An order is not accepted until we send you a confirmation email. If we are unable to accept your order, we will inform you of this and will not charge you for the products.

Product Information

We make every effort to display as accurately as possible the colors, images, and descriptions of our products. However, we cannot guarantee that your computer display will accurately reflect the actual products.

Due to the nature of fresh produce, slight variations in size, color, and appearance may occur. We reserve the right to substitute items of equal or greater value if necessary.

Delivery

We deliver to most areas in the United Kingdom. Delivery times and availability may vary depending on your location. During checkout, you will be shown the available delivery days and times for your area.

You are responsible for ensuring that someone is available at the delivery address to receive the order, or that you have provided appropriate delivery instructions for where to leave the products if no one is home.

We are not responsible for:

  • Delays caused by circumstances beyond our control (e.g., extreme weather, road closures)
  • Products left unattended at your request
  • Inability to deliver due to incorrect address information

Pricing & Payment

Pricing

All prices shown on our website are in British Pounds (£) and include VAT where applicable. Prices are subject to change without notice.

While we strive to ensure all pricing information is accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you and give you the option of continuing with your order at the correct price or canceling it.

Payment

We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.

For subscription services, you authorize us to charge your payment method on a recurring basis. If your payment method is declined, we will attempt to process the charge again within 48 hours. If the charge is still unsuccessful, we will notify you and may suspend your subscription until payment is received.

Delivery Fees

Delivery fees, if applicable, will be clearly displayed during the checkout process. We may offer free delivery for orders above a certain value or for subscription customers.

Refunds & Returns

We want you to be completely satisfied with your purchase. If you are not satisfied with any product you receive, please contact us within 24 hours of delivery.

Quality Issues

If any product arrives damaged, spoiled, or otherwise unfit for consumption, we will provide a refund or store credit for that item. Please provide photographic evidence of the issue when you contact us.

Missing Items

If any items are missing from your delivery, please contact us within 24 hours, and we will arrange to deliver the missing item or provide a refund.

Cancellations

For one-time orders, you may cancel up to 48 hours before your scheduled delivery date for a full refund. For cancellations made less than 48 hours before delivery, a 50% processing fee may apply.

For subscription orders, you may cancel or modify your upcoming delivery up to 48 hours before the scheduled delivery date without incurring any charges.

Refund Processing

Refunds will be processed using the same payment method you used for the original purchase and will typically appear on your statement within 5-10 business days, depending on your payment provider.

Subscription Terms

Our subscription service allows you to receive regular deliveries of products without having to place individual orders each time.

Subscription Management

You can manage your subscription, including changing products, delivery frequency, skipping deliveries, or canceling, through your account on our website or by contacting customer service.

Changes to your subscription must be made at least 48 hours before your next scheduled delivery to take effect for that delivery.

Subscription Cancellation

You may cancel your subscription at any time by logging into your account or contacting customer service. If you cancel less than 48 hours before your next scheduled delivery, that delivery will still be processed and charged.

We reserve the right to cancel or suspend your subscription if we are unable to process your payment, if you violate these Terms, or for any other reason at our discretion.

Price Changes

We may change the price of our subscription service from time to time. If we do, we will notify you at least 14 days in advance. If you do not wish to continue at the new price, you may cancel your subscription before the price change takes effect.

Product Substitutions

For subscription orders, we may substitute items that are out of stock with similar items of equal or greater value. If you do not want to allow substitutions, you can indicate this in your account settings.

User Conduct

When using our website and services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe the rights of any third party, including intellectual property rights
  • Interfere with or disrupt the operation of our website or services
  • Attempt to gain unauthorized access to any part of our website or systems
  • Use our website or services for any fraudulent or illegal purpose
  • Submit false, inaccurate, or misleading information
  • Use any automated system or software to extract data from our website (scraping)
  • Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

We reserve the right to remove any content that violates these Terms and to suspend or terminate your access to our website and services.

Intellectual Property

All content on our website, including text, graphics, logos, images, product descriptions, and software, is the property of FarmFresh Delivery or our licensors and is protected by UK and international copyright and intellectual property laws.

You may not reproduce, distribute, modify, display, perform, or use any content from our website without our prior written consent.

Our name, logo, and other trademarks, service marks, and trade names are trademarks of FarmFresh Delivery. You may not use these without our prior written permission.

Disclaimers

Our website and services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our website or the information, content, materials, or products included on our website.

To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that our website, servers, or email communications are free of viruses or other harmful components.

We make no guarantees regarding the quality, accuracy, or availability of our products or services. Due to the nature of fresh produce, variations may occur in quality, size, and appearance.

Limitation of Liability

To the fullest extent permitted by applicable law, FarmFresh Delivery, its officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our website or services
  • Any conduct or content of any third party on our website
  • Any content obtained from our website
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount paid by you to us for the products or services giving rise to the claim.

The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct or to any liability that cannot be excluded or limited under applicable law.

Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FarmFresh Delivery.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.

We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the sole and entire agreement between you and FarmFresh Delivery regarding our website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Contact Us

If you have any questions about these Terms, please contact us at:

FarmFresh Delivery
123 Farm Lane, Countryside
Birmingham, B1 2DH
United Kingdom

Email: [email protected]

Phone: +44 (0) 161 872 9500

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Phone: +44 (0) 161 872 9500

Email: [email protected]

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