Terms & Conditions

User Conditions

Introduction

Thank you for accessing this Website www.freshessential.co.uk . Please read these User Conditions before using this site which is operated by Fresh Essential Limited, a company incorporated in England, ("we" or "us").

We operate this site for the purpose of promoting and selling the products and services supplied by us. By using this site, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify the conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site.

No Reliance

Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

This site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Content") are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it.

However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.

No Warranty

This site and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.

Limitation of Liability

You acknowledge that your use of this site and its content is at your own risk. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise.

Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

Local Laws and Regulations

This site is not directed at persons in a jurisdiction where for any reason the site's publication or availability is prohibited and any person for whom such a prohibition applies must not access the site. Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

Privacy statement

There are a number of pages on this website where you may input your personal information. Please see our Privacy Policy for further details.

Where you do consent to our holding and use of your personal information, it is intended that such consent will benefit any purchaser of our business.

Validity of provisions and remedies

If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.

Waiver

No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

Links to the site

Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

Governing law and jurisdiction

These conditions are governed by the laws of England.

Terms & conditions

Introduction

These Terms and Conditions govern your relationship with Fresh Essential Limited (a company registered in England ("Fresh Essential ", "we", "our" or "us") and all orders that you may make for the food, drinks and Products advertised for sale by us (the "Products") via the Fresh Essential Website, www.freshessential .co.uk (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 Fresh Essential.

Revisions

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 Fresh Essential .

These Terms and Conditions were last updated on 09/11/2020.

If Fresh Essential has reason to believe that there is likely to be a breach of security or misuse of the Fresh Essential Website, we may require you to change your password or we may suspend or cancel your account.

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. 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.

Payment

Except for the circumstances set out in previous paragraphs you must ensure that Fresh Essential are provided with details of a valid credit or debit card bearing either the MasterCard or Visa symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the 'My account' section of the Website or by calling us via the contact details on the Website.

Redacted payment information is stored within our systems for administrative purposes; we do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any Fresh Essential staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders.

Your card will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will submit our request for payment to your bank within 72 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.

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.

If a payment has been rejected by your bank, we may suspend your ability 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.

Alternative payment methods such as Direct Debit, BACS or cheque may be accepted for customers of our Brain Food service at our discretion, and can be arranged by calling us via the contact details on the Website. Our payment terms are 21 days from the day of delivery. 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.

Product purchases

You must be over the age of eighteen to purchase alcohol from Fresh Essential . If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.

You may submit orders for Products 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.

Each 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 view your basket details by clicking or tapping the basket icon, or clicking 'go to checkout'. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'Checkout'. After you have clicked 'Checkout' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered.

Your submission of an order amounts to an offer to enter a contract to buy the Products from us; you cannot then withdraw or cancel your order except as stated below.

No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'Checkout' 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.

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.

All Products offered by us are subject to seasonal changes in supply levels and supply prices.

Some of our Products are priced by weight. The average weight and price shown is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. If the weight of the Product exceeds the guide weight by more than 20%, the price you are charged will not exceed 20% in addition to the average.

Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products.

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.

All prices for Products are inclusive of any applicable VAT.

Delivery of Products and inspection by you

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.

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.

We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.

You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products.

Excluded services

It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.

Availability of the Website

Although Fresh Essential 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.

Fresh Essential 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.

You can cancel your registration with us at any time online, or by emailing or calling us. If you do so, you must stop using Fresh Essential's services

In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 7th working day after the date of delivery of the Products by notifying us by telephone, email or post. We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such Products less our reasonable costs in collecting the goods. In the case of perishable Products you do not have the right to cancel the order or contract after deadlines published on our Website.

The suspension or cancellation of your registration shall 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.

Warranties and Fresh Essential's liabilities

Whilst Fresh Essential tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights , Fresh Essential 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.

We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.

The warranty 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.

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).

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.

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.

Your statutory rights

If 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).

It 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).

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England.

The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

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.

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).

Amendments

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 Fresh Essential 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 Fresh Essential or use the Fresh Essential Website. If you continue to use the Fresh Essential Website after the date on which the change comes into effect, your use of the Fresh Essential Website indicates your agreement to be bound by the new Terms and Conditions.

Allergens

Fresh Essential handles celery, celeriac, nuts, gluten, soya, sulphites and milk.

Promotional codes

Terms applicable to all promotions:

All promotions are valid for new customers only - they do not apply to an address with a delivery from Fresh Essential in the last three months or with an order in place. The promotional code can only be used once and cannot be used in conjunction with any other offer. Fresh Essential reserves the right to change or end the promotion at any point without prior notice. Expiry dates apply to all promotions as shown on the voucher. All gifts are non-transferable, cannot be refunded and are subject to availability. All promotions are only valid within our delivery area, please see website to check delivery status. For offers in subsequent deliveries, each delivery must not be further than 28 days apart.