Terms & Conditions
These Terms and Conditions govern your relationship with Flavour First ("Flavour First", "we", "our" or "us") and all orders that you may make for the Vegetable Boxes and Extras advertised for sale by us (the "Boxes/extras") via the Flavour First Website, www.flavourfirst.com (the "Website"). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Flavour First.
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Flavour First. These Terms and Conditions were last updated on [4th Febuary] 2014.
2.1. To order from Flavour First, you must register with us. This is referred to as 'set up an account' throughout our Website and literature. However, this is not a credit account; payment will be required upon delivery of goods. This account can be set up by following the instructions on the Website.
2.2. To register with Flavour First you must be over eighteen years of age.
2.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.
2.6. Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.
3. Password and security
3.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website.
3.2. If Flavour First has reason to believe that there is likely to be a breach of security or misuse of the Flavour First Website, we may require you to change your password or we may suspend or cancel your account.
3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
4.1. You must ensure that Flavour First are provided with details of a valid credit or debit card bearing either the Maestro, Mastercard, Visa, Visa Electron, Delta or Switch symbol. You must update us with any change to these details Immediatly. You can make changes to your payment details by updating them in the 'My account' section of the Website or by calling or writing to us via the contact details on the Website. Without prejudice to paragraph 5.10 below, we accept no liability for card security if card details are emailed to us as email is by nature insecure.
4.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
4.4. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.
4.5. If you pay by cheque we cannot guarantee when this will be paid in by us and when the amount will be taken from your account.
5. Boxes/Extras purchaces
5.1. You may submit orders for Boxes/Extras by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
5.2 Each ’Box type’ /’Product’ for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to 'check out & deliver'. You can change these, or cancel the purchase of each of the ’Box type’ /’Product’ completely, at this stage, at any time before clicking 'place order'. After you have clicked 'place order' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website allows you to review your full orders and make amendments and corrections until the deadlines published on the Website. (48 hours before delivery date) You can do this by clicking on 'my deliveries' whenever you are logged in.
5.3. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
5.4. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'place order' in the shopping basket 'order summary' page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
5.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. We will, bear no liability for unavailability of Products.
5.6. Subject to clause 5.8 below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the 'place order' button.
5.7. All Box Types/Extras offered by us are subject to seasonal changes in supply levels and supply prices. If you have a regular ongoing with Flavour First (e.g. where you choose to have repeat orders of Boxes/Extras) the prices for Boxes/Extras may therefore differ from the price of those Boxes/Extras when first ordered by you. The prices for all Boxes/Extras ordered will be the prices stated on our Website on delivery date. We recommend that you check the Website regularly. The Website allows you to review your full orders (and their prices) and make amendments and corrections to them until the deadlines published on the Website. (48 hours before delivery date)
5.8. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
5.9. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
6. Delivery of Products and inspection by you
Please be aware that due to the perishable nature of our goods we are unable to accept cancellations or changes to orders less than 48 hours before your delivery is due.
6.1. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.
6.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
6.3 Where we agree with you that we will hold a key to your premises and make delivery of the products to a place within those premises by using the key, the following terms shall apply:
· we will use our reasonable endeavours to ensure that we hold the keys securely;
· we will use our reasonable endeavours to ensure that the products are delivered to a place within the premises that you and we have agreed;
· save in respect of losses, damages or costs caused by our negligence in relation to our holding and use of your keys (for which we shall be liable to you for all such losses, damages and costs that were foreseeable by you and us at the time we entered into the contract for the supply of the products), we shall not be liable to you for any losses, damages or costs (whether in contract or tort) arising from our holding and use of your keys;
· nothing in this paragraph 6.3 shall limit or exclude our liability for death or personal injury or damage to property caused by our negligence or wilful misconduct.
6.4. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you.
6.5. You must inspect the items as soon as possible after delivery and notify us promptly if you find any defects or errors, by calling us or emailing us within 24 hours of delivery Our liability is limited to providing a refund or replacement item at our discrecition.
8. Availability of the Website
8.1. Although Flavour First aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (email@example.com) or telephone (07801 479980).
9. Cancellation rights
9.1. Flavour First may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
9.2. You can cancel your registration with us at any time by informing us in via email. If you do so, you must stop using Flavour First’s services immediately.
9.4. The suspension or cancellation of your registration will not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
10. Warranties and Flavour First liabilities
10.1. Whilst Flavour First tries to ensure that material included on the Website or in any other materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Flavour First may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
10.2. We warrant that the produce will be of satisfactory quality and, therefore, If any item is found defective a replacement item or in certain cases a discount may be offered against your next purchase at our discretion . Please contact us within 24 hours of delivery with any complaints or queries about the products delivered and they will arrange for one of the above. Please see Paragraph 6.5.
10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession. Please see Paragraph 6.5.
10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
· any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
· any losses which are not caused by any breach by us; or
· business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
10.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
11. Your statutory rights
11.1If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
11.2It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
12. Applicable law
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Northern Ireland.
12.2. The Local courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
13.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Flavour First Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Flavour First or use the Flavour First Website. If you continue to use the Flavour First Website after the date on which the change comes into effect, your use of the Flavour First Website indicates your agreement to be bound by the new Terms and Conditions.
Flavour First’s Staff, Vehicles and packaging may be in contact with eggs, celery, celeriac, Tomatoes, Kiwi and most types of fresh raw Fruits & Vegetables.
By using this website service you agree to these terms and conditions of website use.
Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under Northern Irish law