TERMS & CONDITIONS
1. THESE TERMS
1. These are the terms and conditions on which we supply frozen food products to you.
2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide frozen food products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
1. The term ‘FRAW’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Functional Kitchen Ltd, Unit 3, Guillemot Place, Clarendon Road, N22 6XG, London. We operate the website fraw.com. Our company registration number is 10788872.
2. You can contact us by writing to us at firstname.lastname@example.org or Unit 3, Guillemot Place, Clarendon Road, London, N22 6XG.
3. If we have to contact you we will do so by telephone or by writing to your email or postal address provided in your order.
4. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have requested.
3. We will assign an order number to your order and tell you what it is when we accept your order.
4. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR PRODUCTS
1. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
2. The contents of each product box will vary from time to time and will be compiled based upon your completed list of preferences.
3. Our paper cups and lids are widely recyclable, and our paper straws are fully recyclable and biodegradable. Our delivery packaging is made of a fully recyclable cardboard box, and the insulated wool liner is sustainable, recyclable and biodegradable.
5. YOUR RIGHTS TO MAKE CHANGES
1. If you wish to make a change to the product you have ordered or the delivery date please contact us. If the change is possible we will let you know. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6. OUR RIGHTS TO MAKE CHANGES
1. We may change the product to reflect changes in relevant laws and regulatory requirements.
7. PROVIDING THE PRODUCTS
1. The costs of delivery will be as displayed to you on our website.
2. During the order process we will give you options for delivery periods. For orders in London we can deliver to you between 6pm and 10pm on Tuesdays and Thursdays. For orders outside of London we can deliver to you between 9am and 12pm on Wednesdays and Fridays.
3. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4. If no one is available at your address to take delivery, we will attempt to leave the products with a neighbour. If this is not possible, we will leave the products on your doorstep (or any other safe place as indicated by you) and leave you a note informing you of where we have left the products.
5. The products contain perishable frozen food. We have packaged the products to remain frozen throughout the delivery process. We guarantee the products will remain frozen in their original packaging until 11pm on the day of delivery for deliveries in London, and until 2pm on the day of delivery for deliveries outside of London. We make no guarantees regarding the quality of the frozen foods past this point. Minor defrosting is to be expected, however if you are unhappy with the level of defrosting of your products, you must take a photo of the goods as soon as you notice their condition and send the photo to us.
6. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
a. we have refused to deliver the goods;
b. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c. you told us before we accepted your order that delivery within the delivery deadline was essential.
7. The products will be your responsibility from the time we deliver the product to the address you gave us or to a neighbour, or other safe place in accordance with clause 7.4.
8. You own a product once we have received payment in full.
9. We may have to suspend the supply of a product to:
a. deal with technical problems or make minor technical changes;
b. update the product to reflect changes in relevant laws and regulatory requirements;
c. make changes to the product as requested by you or notified by us to you (see clause 6).
10. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract in accordance with clause 8.
11. We will not supply the products to you until we have received payment. We will make attempts to take payment and subsequently deliver the products to you until you cancel the order with us.
8. YOUR RIGHTS TO END THE CONTRACT
1. You are able to end your contract with us at any time. You will not be able to get a refund for products once they have been packed for delivery to you because the products are perishable and will not be saleable after this point.
2. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Please note that there is an exception to these rights where the goods are perishable, as is the case with these goods.
3. You do not have a right to change your mind in respect of our food products once they have been picked for delivery.
4. You can change your mind any time up until we have picked your goods for delivery.
9. HOW TO END THE CONTRACT WITH US
1. To end the contract with us, please let us know by doing one of the following:
a. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b. Access your account on our website and follow the instructions for cancellation.
2. If we ever need to refund any sums to you, we will make the refund by the method you used for payment.
10. OUR RIGHTS TO END THE CONTRACT
1. We may end the contract for a product at any time by writing to you if:
a. you do not make any payment to us when it is due and on subsequent attempts by us to take payment;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address;
2. If we end the contract in the situations set out in clause 10.1 we will refund any money you may have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
1. If you have any questions or complaints about the product, please contact us. You can write to our customer service team at firstname.lastname@example.org or Unit 3, Guillemot Place, Clarendon Road, London, N22 6XG.
12. PRICE AND PAYMENT
1. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4. We accept payment with all major credit and debit cards.
5. We will charge your credit or debit card at the point we pick the products for dispatch to you.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
1.How we will use your personal information. We will use the personal information you provide to us:
a. to supply the products to you;
b. to process your payment for the products; and
c. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
2. We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for products not provided.
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.