THIS DOCUMENT CONTAINS THE FOLLOWING POLICIES FOR SUPERFOODIO
SUPERFOODIO – TERMS AND CONDITIONS
These Terms will apply to any contract between us for the supply of Products via a One Off Purchase or Subscription Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before placing orders on our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able place an order on our website.
You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time. These
Terms were most recently updated on 26th February 2015.These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.superfoodio.com. We are Superfoodio Limited, a company registered in England and Wales under company number 09955301 and with our registered office and trading address at 18 Kings Lodge, Pembroke Road, Ruislip, Middlesex, HA4 8NH.
1.2 Contacting us
(a) If you wish to contact us, you can do so by e-mailing our customer service team at [email protected]
(b) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. OUR PRODUCTS
2.1 The images of the Products supplied via a One Off Purchase or Subscription Service on our website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that your computer’s display of the Products accurately reflect the Products you will receive.
2.2 Although we have made every effort to be as accurate as possible, because of the nature of the Products, weights and measurements may vary.
2.3 The packaging of the Products may vary from that shown on images on our website.
3. FOOD ALLERGIES AND DIETARY REQUIREMENTS
3.1 The Products consist of a variety of ingredients which may cause common allergic reactions or contain traces which may cause common allergic reactions. Should you have any allergies or dietary requirements you should contact us at [email protected]
3.2 If payment has been received by you and we are unable to accommodate for your requirements in accordance with Clause 3.1 we will provide you with a full refund within 14 working days.
4. USE OF OUR WEBSITE
4.1 Your use of our website is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5. HOW WE USE YOUR PERSONAL INFORMATION
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 When you order a One Off Purchase or Subscription Service the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
7. YOUR STATUS
7.1 By placing and order with us you warrant that you are:
(a) at least 18 years old;
(b) legally capable of entering into binding contracts;
(c) are resident in the United Kingdom.
8. HOW THE CONTRACT IS FORMED
8.1 Our website will guide you through the steps you need to take to place an order for a One Off Purchase or Subscription Service with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
8.2 After placing an order, you will see, on our website, a message thanking you for your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail confirming that your order has been accepted (Order Confirmation). The Contract between us will only be formed when you are sent the Order Confirmation.
8.3 The Contract will relate to only those Products whose acceptance we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of your order has been confirmed in the Order Confirmation.
8.4 If payment has been received by you and we are unable to accept your order, for whatever reason in accordance with Clause 8.1 we will provide you with a full refund within 14 working days.
9. SUBSCRIPTION SERVICE
9.1 Our Subscription Service consists of an initial charge, followed by recurring monthly charges as agreed to by you. By entering into the Contract, you acknowledge that your Subscription Service has an initial and recurring payment feature and, unless otherwise notified, you accept recurring charges prior to cancellation without further authorisation from you.
9.2 By purchasing a Subscription Service you agree to pay recurring periodic subscriptions for an indefinite time until cancellation by you or us, on the cancellation terms set out below.
10. YOUR RIGHT OF RETURN AND REFUND
10.1 You may cancel your Subscription Service at any time by notifying us at [email protected] Should your cancellation request be received on or after the 15th of the month, your cancellation will be processed the following month and you will receive from us one more delivery for which you will be charged.
10.2 Due to the nature of our offering and as a result of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013 exemption we do not, as standard, accept returns or offer a refund policy for either One Off Purchases or our Subscription Service. However, in certain qualifying circumstance and at our sole discretion, we will provide you with a refund.
10.3 If we are unable to supply you with the One Off Purchase or Subscription Service, (for example if a Product is not in stock, no longer available, because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged within 14 working days.
11.1 Your order will be delivered by the delivery date set out on our website or if no delivery date is specified, within 45 days of the date of the Order Confirmation.
11.2 We dispatch all our Products with Royal Mail Track and Trace delivery, which will require a signature upon delivery. If no one is available at your address to take delivery, the Products may be returned to the Royal Mail depot where they may be held for collection by you.
11.3 Delivery of an order shall be completed when delivery is made to the address given by you. You accept that risk in the Products will pass to you from that time.
11.4 You will own the Products once we have received payment in full for the Products, including all applicable delivery charges.
12. NO INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not delivery to addresses outside the UK.
13. PRICE AND DELIVERY CHARGES
13.1 The prices payable for the One Off Purchase or Subscription Service will be as quoted on our website at the time you submit your order. We reserve the right to amend our prices on one months’ notice to you.
13.2 We take all reasonable care to ensure that such prices are correct at the time when the relevant information was entered onto the system. However please see clause 13.6 for what happens if we discover an error in the price of One Off Purchase or Subscription Service you ordered.
13.3 Prices may change from time to time, but changes will not affect any order you have already placed.
13.4 Prices are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order andthe date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.
13.5 Prices quoted include delivery charges.
13.6 It is always possible that, despite our reasonable efforts, a One Off Purchase or Subscription Services may be incorrectly priced on our website. We will normally check prices as part of our dispatch procedures so that:
(a) where the One Off Purchase or Subscription Service’s correct price is less than the price stated on our website, we will charge the lower amount when dispatching the order to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the order to you at the incorrect (lower) price; and
(b) if the One Off Purchase or Subscription Service’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the One Off Purchase or Subscription Service at the correct price or cancelling your order. We will not
process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. HOW TO PAY
14.1 Payment for One Off Purchases and Subscription Services can be made via credit or debit card, or via PayPal.
14.2 When confirming your order on our website you will be re-routed to an external website for the transaction to be completed and payment to be taken.
14.3 Once payment has been authorised, you will be returned to our website where you will receive confirmation that your payment has been successful.
15. OUR GUARANTEE FOR THE PRODUCTS
15.1 We guarantee that Products supplied under a One Off Purchase or via a Subscription Service shall be fresh and comply with the description on our website. This warranty does not apply, however, in the circumstances described in clause 15.2.
15.2 The guarantee in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) willful damage, abnormal storage or working conditions, accident, negligence by you
or by any third party;
(c) you mixing inseparably the Products with any other items;
16. OUR LIABILITY
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. Our liability to you under the Contract shall be limited to the price paid by you for the One Off Purchase or Subscription Service.
16.2 We only supply the Products under a One Off Purchase or Subscription Service for domestic and private use. You agree not to use the product for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 14 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18.1 We hope you are very happy with the service your receive, however If you are unhappy with your One Off Purchase or Subscription Service, please contact us at [email protected]
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our guarantee in clause 15 to the recipient of the gift without needing to ask our consent.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 These Terms are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
SUPERFOODIO – TERMS OF WEBSITE USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
OTHER APPLICABLE TERMS
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our website. When using our site, you must comply with this Acceptable Use Policy.
INFORMATION ABOUT US
www.superfoodio.com is a site operated by Superfoodio Limited (“We”). We are registered in England and Wales under company number 09955301 and have our registered office and trading address at 18 Kings Lodge, Pembroke Road, Ruislip, Middlesex, HA4 8NH. We are a limited company.
CHANGES TO THESE TERMS
CHANGES TO OUR WEBSITE
We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our website; or
• use of or reliance on any content displayed on our website. If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of Supply.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our website do not represent our views or values.
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website 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 our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our 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 our website will cease immediately.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact [email protected]
THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
To contact us, please email [email protected] Thank you for visiting our website.
SUPERFOODIO – ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.superfoodio.com (our website). This acceptable use policy applies to all users of, and visitors to, our website. Your use of our website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. www.superfoodio.com is a website operated by Superfoodio Limited trading as Superfoodio (we or us). We are registered in England and Wales under company number 09955301 and we have our registered office and trading address at 18 Kings Lodge, Pembroke Road, Ruislip, Middlesex, HA4 8NH.
You may use our website only for lawful purposes. You may not use our website:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (detailed below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our website;
• any equipment or network on which our website is stored;
• any software used in the provision of our website; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our website, including, without limitation:
• Chat rooms.
• Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our website.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.