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Terms and Conditions of Sale
Terms and Conditions of Sale
1.1 What these terms cover. These are the terms and conditions on which we supply our Vegishake range of fruit and vegetable smoothies and juices (Products) on our website co.uk/.com
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide 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. By submitting an order to us you agree to these terms.
Information about us and how to contact us
2.1 Who we are. We are Vegishake Limited a company registered in England and Wales. Our company registration number is 9769282 and our registered office is at Vegishake, International House, 776-778 Barking Road, London, E13 9PJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
3.1 How we will accept your order. All orders must be made online and full payment is required at the point of ordering for us to accept your order. 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. There is no maximum limit on the amount of Products you can order from our website, however, if ordering our Smoothie Juices or Detox Packages will need a minimum of 6 bottles to qualify ordering.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because the Products are 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 Products.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our Products in the UK. If you wish to purchase from within Europe, please contact us firstname.lastname@example.org
Our Products Our Product range. The Vegishake products available for sale are shown on our website together with the corresponding price for the products
Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
We only sell to the UK. Our website is solely for the promotion of our Products in the UK. If you wish to purchase from within Europe, please contact us email@example.com
Your rights to make changes In most cases, if you wish to make a change to your order, please contact us by email before the relevant delivery day. We will let you know if the change is possible and an administrative charge may apply to changes of the order.
Our rights to make changes We may change the Products to reflect changes in relevant laws and regulatory requirements.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. All orders will be made for next day delivery during the specified days on the FAQ section for delivery where/if available.
7.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because the Products are 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 Products or because of a delivery issue/delay.
When we will provide the Products. Our delivery despatch days are Monday with last despatch going out on Thursday. Orders made on a Friday, Saturday, Sunday / bank holiday weekend/day will be processed the following working day for despatch, but delivery will take place next working day if available. A courier will deliver our Products at any time during the delivery days and we are unable to set a specific delivery time.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control. We will not be liable for delays caused by the event.
7.4 When the Products are being delivered. If no one is available at the address specified to take delivery, we cannot accept responsibility for the condition of the juices if not given directly to the buyer of the delivery address. All parcels need to be signed for, if a delivery note is specifying an alternative drop off point for the products other than directly to the consumer, this is done at the consumers risk and is their responsibility. Requests such as; the Products are left at your front door or with a neighbour, we cannot guarantee the quality of the Products in this case. We cannot guarantee nor accept responsibility of any delivery notes left by you the customer specifying alternative placements of the products during delivery. Our Products are chilled and should be stored at temperatures below 8C (2 – 7C) and kept at ambient temperature for the shortest time possible. We would not recommend that they are kept outside /or alternative placement of the products and accept no liability for any deterioration of the Products in these circumstances.
7.5 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If no delivery is made due to no one present, we cannot guarantee the quality of the Products in this case and we cannot accept any responsibility. It will be your responsibility to rearrange or collect the delivery from the carrier.
7.6 If you do not re-arrange delivery. If you do not arrange to collect the Products or rearrange delivery. You will not be entitled to a refund.
7.7 When you become responsible for the goods. The Products will be your responsibility from the time we deliver the Products to the address you gave us. If you miss a delivery attempt, the products will be your sole responsibility to arrange collection or re-arrange delivery with the carrier. All tracking information is made available to you when your order has been collected by the carrier.
7.8Your Responsibility for tracking your goods. We provide you with all details of the carrier used with tracking information. This will give you real-time updates on the process of your package. It is your responsibility to keep updated with the package. We do not accept responsibility, for delivery attempts made, and on the condition of the smoothie juices during this extended delivery delay due to customer not being present to sign for their items. Any alternative placements of your item is done so at your own responsibility and we accept no responsibility for this.
7.9When you own goods. You own the Products once we have received payment in full at the point of order. The Products will be your responsibility once delivery to the delivery address specified. If you are not present during delivery, we accept no responsibility for any loss or damage or condition of the products. You are responsible to be present during delivery.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your personal details including your email address. If so, this will have been stated on our website. If you do not give us this information or if you give us incomplete or incorrect information, we will not be able to supply the Products to you and this will be your responsibility.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a Products to:
(a) update the Products to reflect changes in relevant laws and regulatory requirements;
(b) make changes to the Products as requested by you or notified by us to you.
7.12 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. If we have to suspend the Products we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for Products if we suspend this, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Products in respect of the period after you end the contract.
Your rights to end the contract
8.1 Can I cancel my order once an order has been delivered? Our Products are perishable goods and, once an order has been delivered to you, if you wish to cancel the contract we will not be able to provide you with a refund and will retain the total value of the order. We may provide a refund if cancellation requests are made by you, by email, before the products are out for delivery.
8.2 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, you may still end the contract before it is completed so long as your order has not been sent out for delivery, but a charge will be payable. If you want to end the contract before it is completed where we are not at fault, reasonable exemptions maybe looked at, just contact us to let us know. If accepted the contract will end immediately and we will refund any sums agreed and/or paid by you for Products not provided but we will deduct from that refund our reasonable costs we will incur as a result of you ending the contract. This excludes if the product is currently out for delivery and must be done before despatch.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). As our Products are perishable and liable to deteriorate and expire rapidly the cancellation rights contained in the Consumer Contracts Regulations 2013 do not apply to our online sales.
How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: Email. firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 How we will refund you. We will refund you the price you paid for the Products, by the method you used for payment, so long as this is done before dispatch of the products for delivery. However, we may make deductions from the price, as described above.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, so long as the order has not been delivered
If there is a problem with the Products
How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can write to us at email@example.com so that we can resolve the problem by way of a refund or replacement delivery of Products. Any complaints must be made within 24 hours of delivery of the Products. We will endeavour to respond to you.
Price and payment
11.1 Where to find the price for the Products. The price of the Products will be the price indicated on our website and the order pages when you place your order.
11.2 We will pass on changes in the rate of VAT. When VAT registered. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. We accept payment by credit or debit cards as listed on our website. You must pay for the Products online in advance of delivery for a contract to be formed.
Our responsibility for loss
13.1 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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2We are not liable for business losses. 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.
How we may use your personal information
14.1 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.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 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.
15.6 Which laws apply to this contract and where you may bring legal proceedings: These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
If you are a business customer: This clause only applies if you are a business customer.
16.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
16.2 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
16.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
16.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
Our liability if you are a business This clause only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
17.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity
(d) loss of anticipated savings
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.3 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
17.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.