TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES

Welcome to StopMyCraving. We are Stopmycraving Limited (us, we, our). In these terms of use (Terms of Use), you and your means you, the person using or visiting our site.

These Terms of Use together with our Privacy and Cookies Policy (PCP) set out the ways in which you may access, use and browse our StopMyCraving services made available via our mobile application software (App) and/or our website (each a Site) and shop for food products via the Site (the Services).  

The first part of these Terms of Use, the ‘Terms of Use and Registration’ apply when you visit, browse or register for our Services. The second part of these Terms of Use, the ‘Terms of Sale’, apply when you purchase products on our Site (Products). The third part of these Terms of Use, the ‘General Terms’ apply at all times to any use of our Services.

We may from time to time vary these Terms of Use. Please check the Terms of Use regularly to ensure that you are aware of any variations or amendments. 

PART 1: TERMS OF USE AND REGISTRATION


1. Information about us and how to contact us


1.1 We, Stopmycraving Limited, are a company registered in England under company number 09865794 and have our registered office at     

10 Whiston Rd, E2 8FX London Email

1.1 You can contact us as follows: 

Address: 10 Whiston Rd, E2 8FX London Email: [info@stopmycraving.com] 


2. Acceptance of the Terms of Use: 


2.1 By accessing our Services, you confirm that you have read and accepted the Terms of Use. You agree that the terms in the Terms of Use: (a) apply from the date on which you first use our Services and (b) form a legally binding contract between you and us. We may vary any part of the Terms of Use from time to time. We recommend you save or print a copy of the Terms of Use and check the Terms of Use by visiting our Site each time you use our Services to ensure you understand the legal terms that will apply at the time of such use. 


2.2 The PCP is an essential part of these Terms of Use and by accepting these Terms of Use, you also accept and consent to our PCP.


3. Access to and use of our Services


3.1 Access to our Services is free of charge.


3.2 We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. Access to our Services are permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.


3.3 We do not guarantee that our Services, or any content on it, will be free from errors or omissions.


3.4 You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet enabled device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.


3.5 The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, the matching service available on our Site is based on our general opinion and recommendations. We do not guarantee any particular results for you when using the matching service. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.


3.6 We make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up-to-date.


3.7 We may update our Services from time to time, and may change the content at any time. We will use reasonable efforts to ensure that the Products listed are current. However, please note that any of the other content on our Services may be out of date at any given time, and we are under no obligation to update it.


4. Registration: 


4.1 In order to (a) buy Products on the Site; and (b) receive emails from us, you must register on the Site. You may register either by making a purchase on the Site or by providing your details to us [using the ‘register’ icon]. 


4.2 To be eligible to use our Services, you promise to us that: 


4.2.1 the information you provide is accurate, complete and true, and that you will update us of any changes to any information you provide by email to [info@stopmycraving.com]; 


4.2.2 you are using your registration on your own account and not on behalf of any other person; 


4.2.3 if you provide payment details, that you are either the person to whom any billing details relate or that you have received permission from the person to whom the billing details relate to use their payment details; 


4.2.4 you are over 18 years of age; and 


4.2.5 you shall comply with these Terms of Use.


4.3 You authorise us to use any information provided to us when you register to verify your identity and activities on the Site. We may request, and you shall provide, further information about you in order to confirm your identity, the link between you and your method of payment and in order to comply with our anti-fraud procedures. 


4.4 You are responsible for maintaining the security of your password. You may not tell anyone else your password nor allow anyone else to access your account on your behalf.


4.5 You may terminate your registration on the Site at any time by emailing us at [info@stopmycraving.com]. We shall use our reasonable endeavours to close your account within 2 weeks of receipt of your email requesting termination. In addition to Clause 3.2 above, we may terminate or suspend your registration on the Site or your access to Services: (a) immediately upon providing written notice if, in our reasonable opinion, you have breached (or we suspect you have breached) any provision of these Terms of Use; (b) immediately upon providing written notice to you if your account has been inactive for more than 2 years; or (c) upon providing 1 weeks’ written notice to you, at our absolute discretion (i.e. without needing a reason to do so). 


5. Third party links and resources on our Services


5.1 Our Services may contain links to other sites and resources provided by third parties and not under our control. These links are provided for your information only and we make no warranties or representations whatsoever about any third party websites which you may access through our Services. 


5.2 Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility or any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or that our Services are affiliated to or associated with such third party sites. If you decide to visit any other site, you do so at your own risk. In addition, use of any other site may be subject to your acceptance of additional terms and conditions which we suggest you read carefully before proceeding. 


6. Intellectual property rights


6.1 For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software, databases and user interfaces), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world. 


6.2 All Intellectual Property Rights in our Services and in the content published on them are and shall remain owned by us or our licensors at all times. 


6.3 You may print off, copy and download extracts of any of the content on our Services for your personal use provided however that such copying or downloading is not substantial and that our status (and that of any identified contributors) as the author of content on our Services shall always be acknowledged.


6.4 You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.


6.5 If you print off, copy or download any part of our Services in breach of these Terms of Use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


7. Viruses


7.1 We do not guarantee that our Services will be secure or free from bugs or viruses.


7.2 You are responsible for obtaining (at your own cost) and configuring all necessary internet enabled devices and telecommunications systems and anti-virus software in order to access our Services and minimise the risk of any viruses infecting your internet enabled device. You are responsible for the costs you incur in accessing our Services, including internet/mobile use charges.


7.3 You must not misuse our Services 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 Services, the server on which our Services is stored or any server, computer or database connected to our Services. You must not attack our Services 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 any information we have in relation to any such breach to them. In the event of such a breach, your right to use our Services will cease immediately.


PART 2: TERMS OF SALE 


8. Types of Orders: There are two types of orders that you may make: (a) One Off Order: A One-Off Order is an order for Products as a one-off for a delivery and (b) Regular Order: A Regular Order is an order for Products for delivery on a regular basis (such as weekly) for repeated delivery. You can set up a [Regular Order] in the [Regular Order Section of the Site]. Once your Regular Order is accepted under Clause 11, the Products will be delivered without the need to order each time.


9. Ordering Products: When you browse the Site which supports an online shopping function, you can select and place one or more Products in your ‘Online Shopping Cart’. If you are registered on the Site, you may buy the Products in your Online Shopping Cart. To do so you must proceed to your Online Shopping Cart where you may amend your order by removing Products, or increasing the quantity of Products you want to order. You may then proceed to the ‘Checkout’ where you provide details of yourself (either by logging into the Site under your registration or by registering on the Site) and your method of payment. You will be able to check if the information you have entered is correct and you can correct any errors at this stage. Once you have checked that your information and the order are correct, you will be required to check the [‘I Accept’ box] to indicate that you have read, understood and accepted the Terms of Use and you can then press the button marked [‘PAY NOW’]. Your order is not made until you check the [‘I Accept’ box] and press the button marked [‘PAY NOW’]. By pressing the [‘PAY NOW’] button you are making an offer to purchase the Product from us at the Checkout and if accepted by us, this will result in a binding contract (please see below Clause 11 “Conclusion of Contract”). As described below, an indication of applicable delivery costs and tax will be provided at this point. 


10. Confirmation of your order: Once you have placed an order we will send you an email to confirm your order has been received and confirming the details of your order (each an ‘Order Email’). The Order Email is not an acceptance of your order by us. All orders are subject to availability and confirmation of the order price, which is determined by us. If your order is accepted by us, we will send an email to confirm that your offer is accepted when your Product(s) are being dispatched to you (each a ‘Confirmation Email’). When a Confirmation Email is sent to you, a contract is created between you and us, and you shall be charged for the Product(s). If your order is dispatched in more than 1 delivery, you may receive several Confirmation Emails and these shall form separate contracts in respect of each delivery. The sale is completed in London, England, the language of the contract is English and you agree that we shall invoice you electronically. [If your order is rejected by us, we will notify you in an email and set out the options for you (if possible).] 


11. Conclusion of Contract: Your order and payment constitute an offer to purchase the Product(s) and the contract will be concluded once we have accepted the order and we have dispatched the Product(s) to you (“Contract”).


12. Other situations where we may not accept your order: We may not accept your order, with no liability, in our absolute discretion if: (a) you do not, or we suspect you do not, meet the registration criteria set out above in Clause 4; (b) you have, or we suspect you have, breached these Terms of Use; (c) we are out of stock of a particular Product; (d) we are unable to obtain authorisation for payment; (e) shipping restrictions apply to the Product. meaning we cannot send it to you; (f) other customers using the Site have purchased the Products before you – please note that the Products in your Online Shopping Cart are not reserved and may be purchased by other persons before your order is placed; or (g) we, at our absolute discretion, decide that we wish to restrict multiple quantities of Products being shipped to any particular address. 


13. Eligibility to order the Products: You must be over 18 years of age and possess a valid credit or debit card to order any Product(s). 


14. Product description: Whilst we attempt to ensure all content in our Services is as accurate as possible, there is no guarantee that such content is accurate, complete or error free. The description and relevant information (including images, certification information, nutrition and food category) of the Products are provided to us by the manufacturer/supplier of the Products. In addition, the matching service available on our Site (which provide you with the options of the Products based on your choice of categories) is for general information only and based on our general opinion and recommendations. We do not guarantee any particular result for you when using the matching service. All such information is not intended to amount to advice on which you should rely on.

15. Commercial Use: The Products sold on the Site are for personal use only (including as a gift) and may not be resold for commercial purposes or for commercial benefit. [If you are interested in purchasing any Product for commercial purposes, or if you are interested in becoming one of our Food Partners, please contact us directly by email to [sales@stopmycraving.com] for further information].


16. Payment:


16.1 Ways to Pay: Payment can be made on the Site using payment methods which are identified on the Site and which are updated from time to time, including [PayPal]. Payment shall be debited from your account at the same time, or shortly after, the Confirmation Email is sent to you.

16.2 Payment Providers: All payments in relation to the purchase of Products are performed through the third party payment provider, namely [PayPal]. We are never the ‘merchant’ for purchases made on the Site and we do not handle your payment information. We are not a party to any agreement between you and any payment providers. You acknowledge that where you use a payment provider you are bound by the payment provider’s terms for its online payment services. Payment providers’ terms may be different from these Terms of Use and you should contact such payment providers for further details of the terms that apply to your use of such services. Your use of payment providers’ services may be subject to eligibility, availability and compliance with such terms. 


16.3 Checks in relation to payment:  All payments by credit or debit card are subject to checks by us, the card issuer and any payment provider. 


16.4 Security of your payments: [We use our reasonable endeavours to ensure that transactions are processed securely. To help ensure your shopping experience is safe, simple and secure. We use a Secure Sockets Layer]. 


16.5 Payment Currency: If your payment card does not denominate British Pounds then the final price shall be calculated in accordance with the exchange rate on the day the transaction is processed. You will be liable to meet any currency conversion fees levied by your card issuer or payment provider and such additional charges will not appear either in the Checkout or in your Confirmation Email.


16.6 Regular Orders: You will be required to successfully set up a recurring payment in order to set up a Regular Order for the Products. Please follow the instructions in [Regular Order Section on the Site]. [Set out Regular Orders charging period and invoice period and how to cancel the recurring payment].


17. Pricing, Availability and Promotion: 


17.1 All prices on the Site are [inclusive of VAT] [exclusive of any other tax, duties and delivery charges].


17.2 The price of the Product will be the price quoted in the Site at the time we accept your order. Our prices are changed from time to time and the prices displayed on the Site shall apply unless they are incorrect due to human or computer mistake or error.


17.3 We reserve the right to make changes to the Products available on the Site from time to time. We shall inform you by e-mail as soon as possible if a Product you have ordered is not available. If we are unable to supply a Product to you, we shall have no liability to you save that you shall not be charged for such an order. We provide no guarantee or promise on the availability of any Product.


17.4 We might run promotional events from time to time which may apply a discount to the pricing of the Products. We reserve the right to launch, amend or cancel any promotion at our absolute discretion, however this will not affect the discounted price of the Product if we have accepted your order before such changes to such promotional event.


17.5 Regular Orders: 


17.5.1 The discount price of a promotional event may apply to Regular Orders. However, once we have accepted your Regular Order, any subsequent promotional prices will not apply to your Regular Order.


17.5.2 If any Product under your Regular Order is not available, we will inform you promptly and a direct substitute will automatically replace the unavailable Product. Otherwise we will suggest alternative Product(s) to you if possible.


18. Delivery: We deliver to customers within the European Union only. We will make delivery of your confirmed orders to the address which is indicated at the Checkout when you place your order. Your Confirmation Email shall provide an estimated delivery time for your confirmed order. Please note that delivery times are a guide only and time is not of the essence in any situation.


19. Risk of Title: The title and risk in the Product(s) will remain with us until delivered to you in accordance with Clause 18 above. 


20. [Insurance: We may insure your confirmed orders until it is delivered to your address and is signed for, at which point responsibility for your order passes to you. If you have specified a recipient who is not you (for example, as the order is a gift) then you accept that evidence of a signature by them or of their delivery address, is evidence of fulfilment by us of its responsibilities.]


21. Cancellation and Refund: The below Clause 21 applies to One-Off Orders only: 


21.1 Cancellation: 


21.1.1 Exercising your right to cancel:
You have the right to cancel any Contract by notifying us in writing at any time before you receive a Confirmation Email up to within 14 days of the date on which the Product(s) have been delivered, unless it is an Excepted Product under Clause 21.1.4. 


21.1.2 Effect of Cancellation:
If you cancel your Contract under the above Clause 21.1.1, we will reimburse to you all payments received from you by us for that Product in accordance with applicable law, including the costs of delivery for such Product (except for supplementary costs arising if you chose a type of delivery other than the complimentary free delivery applied to your order).


21.1.3 Return of the Products:
You must send back the Products, or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send the Product(s) before the period of 14 days has expired. [You will have to bear the costs of returning the Product(s) to us]. 


21.1.4 Excepted Products:
You cannot cancel any Contract and obtain a refund if:

i. The Product(s) are liable to deteriorate or expire rapidly, e.g. fresh or frozen food or

ii. The Product(s) you return have been unwrapped or unsealed and cannot be resold for health or hygiene reasons. All Product(s) should be returned unused and in a resalable condition with original packaging. 

iii. [The Contract in relation to such Product(s) is less than £42.]

21.2 Returns Process: To exercise your right to cancel and ask for a refund: 


21.2.1 Email Us:
You must send an email to [info@stopmycraving.com] with the subject line “Cancellation” which contains the reference number from your Confirmation Email and a request for a refund for the value of the Product(s) in accordance with the timeline set out in Clause 21.1. [We do not offer exchange service for a cancellation made under the above Clause 21.1.]


21.2.2 Response to your email:
If the Order(s) can be cancelled, we will send you a [Returns Merchandise Authorisation number (an “RMA Number”)] which is a printable label which you can affix to any post used to return the Product(s) to us.  

21.2.3 Return of the Products: You must return the Product(s) within 14 days after the day on which we send you the RMA Number, and ensure the Product(s) comply with the Return Policy below. [The RMA Number may be used as a form of Freepost if you return your goods from within the UK, otherwise you must pay for the packaging of the Product(s)).] Returns and exchanges should be sent to our address as provided by us in the email above. If you are returning the Product(s) from countries where import duties or taxes apply, or from which the RMA Number is ineffective, you will have to pay for postage.

21.3 Refunds: 

21.3.1 Once your return has been received and accepted by us, your refund will be completed via the original payment method [, excluding the delivery costs].  

21.3.2 [If you choose, we can issue your refund as a credit on our Platform.]

22. Cancellation and Refund: The below Clause 22 applies to Regular Orders only:

22.1.1 Cancellation [TBC]

22.1.2 Returns and Refunds [TBC].

23. Defective Products: You must inspect the Product(s) as soon as you receive the Product(s). If any Product which you receive from us is damaged or defective, please contact us promptly in writing by email to [info@stopmycraving.com] [+44 07479011480] and we will provide you with the options of refund or exchange. If you notify us of a defective Product(s) within 30 days of your receipt of that Product(s) (or the shorter period of the used-by date of the Product), you will be entitled to a refund once we agree that it is a defective product. [You agree that we might require you to return the defective Product(s) to us in accordance our return instructions and we will cover the costs of such return.] 

24. Return Policy: We do not take responsibility for returned Product(s) until we have received them. Therefore, we recommend that you send returned Product(s) by recorded (or ‘signed for’) post and obtain proof of postage

25. Statutory Protection: Nothing in these Terms of Use affect your statutory rights. you have certain rights under English law which include: (a) that the Product(s) ordered through this Site ought to be of satisfactory quality, fit for their intended purpose and conform to the description given on the Site; (b) the availability of remedies if any Product you order on the Site is defective; (c) the right to cancel any order in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as described in Clause 21.1.1 above) even if the order is not defective.

PART 3: GENERAL TERMS

26. Limitation of our liability

26.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

26.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied. 

26.3 Subject to Clause 26.1, we will not be liable to you for any loss or damage (whether direct or indirect or arising under contract, tort (including negligence), breach of statutory duty, or otherwise) even if foreseeable, arising under or in connection with the:

26.3.1 use of, or inability to use, our Services; or

26.3.2 use of or reliance on any content displayed on our Services. 

26.4 Subject to Clause 26.1, our total aggregate liability to you, whether in contract, tort (including negligence) or otherwise and whether in connection with these Terms of Use or any collateral contract, shall be limited to the higher of: (i) the amount you have paid to us for our Services in the 12 months prior to the day on which the matter giving rise to the liability occurred; and (ii) £50. 

26.5 Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of anticipated savings, or loss of business opportunity or goodwill.

26.6 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 internet-enabled device, software, data or other proprietary material due to your use of our Services or to your downloading of any content on it, or on any website linked to it.

26.7 We assume no responsibility for the content of sites linked to on our Services. We will not be liable for any loss or damage that may arise from your use of any such third party sites.

27. Linking to our Services

27.1 You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Why would they want

to do that?

27.2 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.

27.3 You must not establish a link to our Services in any site that is not owned by you.

27.4 Our Services must not be framed on any other site, nor may you create a link to any part of our Services other than the home page (as applicable).

27.5 We reserve the right to withdraw linking permission without notice.

27.6 If you wish to make any use of any of the content on our Services other than that set out in Clause 3 above or in this Clause 27, please contact us at the email address set out in Clause 1.2 above.

28. Complaints and Disputes: Please contact us immediately using our contact details in Clause 1.2 if you: (a) have any questions, complaints, claims or concerns about any content in relation to our Services or us generally; (b) believe that any act or omission by us or one of our users is in breach of applicable law or (c) believe that any content or information on our Services contains a defamatory statement, or that your intellectual property rights are being infringed by any content or information on any Services. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms of Use. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. If you are located in the European Union, please also find the EU online dispute resolution platform website available at http://ec.europa.eu/consumers/odr/ for further information.

29. Applicable law

29.1 These Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims arising out of or in connection with these Terms of Use), are governed and construed in accordance with English law. You and we both agree that the courts of England will have non-exclusive jurisdiction. 

Thank you for visiting StopMyCraving

 

 

 

Date Published: May 2018, Version [2]