Terms and Conditions of use and sale for the Fruitypot Family site

Last Updated: 12/04/2017

The Fruitypot Limited site aims to give you a great shopping service. We have set out below the conditions under which you are allowed to use the Site, what you can expect from us and see the terms on which you place your order.

1. DEFINITION OF TERMS

"you" and "your" means the person ordering Goods from Fruitypot Limited, who must be over 18 years of age.

"Fruitypot" or "we" or "us" or "our" means Fruitypot Limited whose registered office is at Parkdale House, 1 Longbow Close, Pennine Business Park, Bradley, Huddersfield HD2 1GQ.

"Deliver" means us delivering the goods that you order to the address stated in your order (and that address must be within our delivery area) and "Delivery" and "Delivered" shall be interpreted accordingly.

2. TERMS OF USE

This section explains how you are allowed to access and use the Site.

2.1 Use of and access to the Site

2.1.1 From time to time it will be necessary for us to carry out maintenance on the Site which may result in occasional periods of downtime.

2.1.2 We can't promise that the Site will be uninterrupted or error-free but we will aim to correct any issues as soon as is practicable.

2.1.3 You can use the Site to browse and buy goods from us but not for any other purpose.

2.2 Content of the Site

2.2.1 We may update the Site from time to time, and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. Although we try to update the information on the Site, we make no representations, warranties or guarantees, that the content on the Site is accurate, complete or up-to-date.

2.2.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

2.2.3 All rights, including without limitation any intellectual property rights, in any data on the Site, or any part of the Site, provided by us or you, or any third party, such as for example your shopping list or favourite items (the Data) will automatically be owned by Fruitypot. You agree that you are not allowed to use the Data, or permit any third party to use it, without our express permission. If the law prevents us from automatically owning any rights in the Data, you now assign such rights to us.

2.2.4 You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

2.2.5 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

2.3 Governing Law

These terms of use are subject to English law and the exclusive jurisdiction of the English courts.

2.4 Changes to these Terms

If we make any changes to these terms of use we will let you know as soon as possible by posting the changes on our Site.

3. TERMS OF SALE

These terms of sale will apply if you place orders on our Site.

3.1 Becoming a Customer

3.1.1 To place an order on our Site you must be over 18 years of age, require Delivery in our Delivery area and be able to place an order using our accepted payment method.

3.1.2 We reserve the right to decline an order at any time and at our sole discretion.

3.2 Our Contract

3.2.1 Our Site invites you to buy goods from us. Once you have placed an order on the Site we will send you an order acknowledgement by email setting out what you have ordered and the price of your order. This is not an order confirmation or acceptance from us. A legally binding contract with you will only arise once we have completed Delivery of the goods to you. At this time, you become the owner of the goods. This means that you will have no legal liability in connection with your order until Delivery is completed.

3.2.2 These terms regulate the supply of goods to you by Fruitypot Limited. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.

3.2.3 The failure of Fruitypot Limited to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Fruitypot Limited reserves its rights in respect of these terms and conditions at all times.

3.3 Price

3.3.1 The price of the item(s) you order will be the price on the Site at the time you place your order or amend your order. If a new price or promotion is in place after you have placed your order for example, a multi-buy offer or price reduction which may be advertised on the packaging of goods you have ordered, these prices and promotions will not be applied to your order.

3.3.2 In addition to the price, a Delivery charge as shown at checkout will also be payable by you.

3.3.3 There is a minimum order value, this is displayed on the Site.

3.3.4 We will debit the total value of your checked out order once you have placed your order. You will receive an order confirmation email from us.

3.3.5 All prices quoted are inclusive of any Value Added Tax

3.4 Delivery and Refunds

Changing your Mind

3.4.1 You have the right to cancel your order within 14 days of receipt of the goods, providing:

• Items are returned within 14 days of delivery
• Items must be sealed and in original packaging
• Items are returned at the customer’s expense
• You must include your order number within the return package

You must obtain proof of postage in case orders are lost on their way back to us. Failure to do so have proof of postage my result in Fruitypot Limited not being able to process your refund.

We reserve the right not to refund you if you return items to us outside the terms of our returns policy.

Please allow up to 10 working days for you parcel to be returned back to Fruitypot Limited. If you have not heard any communication from us after 10 working days of returning the goods please contact shop@fruitypot.co.uk with your order reference and the items returned.

All refunds will be issued using the same method of payment used to purchase the items.

Returns Address:
Fruitypot Limited
Parkdale House
1 Longbow Close
Bradley
Huddersfield
HD2 1GQ

3.4.2 Your rights under UK or your national consumer legislation are not affected.

3.5 Stock Shortages on Popular Goods

We do our best to ensure that we have availability of our products but we do occasionally run out of some goods, these will be displayed as out of stock on our website.

3.6 Delivering Your Goods

3.6.1 We aim to deliver your order to you as quick as we can. Our UK Mainland deliveries are sent via My Hermes, please allow 5-7 working days for your order to be processed and delivered. We always aim to Deliver your goods within the Delivery slot we have agreed with you, but we cannot accept liability if we Deliver the goods outside of this slot or don't Deliver all or any of the goods in your order.

3.6.3 We can only make a Delivery to an address within our delivery area. Our delivery area is the whole of the UK but unfortunately we cannot delivery to the Channel Islands, PO Boxes or BFPO locations.

3.7 What We are Not Liable For

3.7.1 Whilst we take every care to Deliver your order we cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance you had in having the goods Delivered to you arising out of our supply or failure to supply the goods to you.

3.7.2 Nothing in this Agreement shall in any way limit our liability for death or personal injury resulting from our breach of contract, tort or negligence nor limit any legal rights you have as a consumer.

3.7.3. The goods are sold to you on the basis that you are a consumer therefore we will not be liable for any special losses that you might suffer using, re-distributing or reselling the goods as part of a business.

3.7.4 With the exception of faulty goods or returns made in accordance with clause 3.4 of these terms, we shall not be liable for goods once they have been Delivered to the delivery address stated in your order and if you ask a third party to move, transport or deliver the goods to any other address following our Delivery we shall not be liable for anything that that third party might do to the goods.

3.8 Use of Cards

3.8.1 If you find your card has been used without your authority please tell us within 24 hours of finding out. You must also tell your card issuer within the time limits you agree in your card scheme rules.

3.8.2 You must pay for your order using our accepted payment methods which are displayed on our site.

3.9 Expiry Dates

The colleagues who put together your order are carefully trained to select goods with a reasonable amount of time left on the expiry date.

4. PRIVACY POLICY

We do not store credit card details nor do we share customer details with any 3rd parties

5. COMPANY INFO

The Fruitypot Site is run by Fruitypot Limited whose registered office is at:

Fruitypot Limited
Parkdale House
1 Longbow Close
Pennine Business Park
Bradley
Huddersfield
HD2 1GQ

VAT registration = GB 245 468878

Company Registration = 10212625

Customer Services

Fruitypot Limited
Parkdale House
1 Longbow Close
Pennine Business Park
Bradley
Huddersfield
HD2 1GQ

Telephone: 01484 532666

Email: shop@fruitypot.co.uk