TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES
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: [firstname.lastname@example.org]
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.
3.5 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 However, please note that any of the other content on our Services may be out of date at any given time, and we are under no obligation to update it.
4.1 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 [email@example.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
4.3 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.
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
6.2 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.
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.
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”).
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 [firstname.lastname@example.org] for further information].
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.
16.3 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:
21.1.1 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 [email@example.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.
21.3.1 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 [firstname.lastname@example.org] [+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
PART 3: GENERAL TERMS
26. Limitation of our liability
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.
26.5 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.
29. Applicable law
Thank you for visiting StopMyCraving
Date Published: May 2018, Version