GENERAL TERMS AND CONDITIONS OF THE ONLINE SHOP

 

Formidable Foods LTD., Treviot House, 186-192 High Road, Ilford, Essex, United Kingdom, IG1 1LR, company number:14543940, VAT number: 432 0031 63.

 

Formidable Foods LTD. is a company engaged in the sale of vegan food.

GENERAL PART

 

General Terms and Conditions of Business

 

1.1. The General Terms and Conditions of Business (hereinafter referred to as the General Terms and Conditions) of Formidable Foods LTD. (hereinafter referred to as the Company) form an integral part of all contracts between the Company and purchasers of products from UK (hereinafter also referred to as: consumers) who do business with the Company.

 

1.2 The provisions of the General Terms and Conditions shall also apply to all legal and commercial declarations and other services arising out of the business between the Company and the Consumer.

 

1.3 The present General Terms and Conditions of Business have been drawn up in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Rights Act 2015, The Consumer Protection (Distance Selling) Regulations 2000 and the General Data Protection Regulation (GDPR).

 

1.4 Application of terms:

- A consumer (hereinafter also referred to as a customer) is any customer who is a natural person and acquires or uses the Company's goods for personal purposes or for purposes outside his/her professional or gainful activity.

- An offer is a single term for an offer in various forms, an invoice or other form of proposal for the conclusion of a contract offered by the Company to a Consumer and which, once accepted, binds the Consumer.

- Contract means an agreement in writing between the Company and the Consumer. An offer or invoice sent by the Company to the Consumer and accepted or confirmed by the Consumer shall also be deemed to constitute the conclusion of a contract. The present General Terms and Conditions shall form an integral part of each contract.

- The subject matter of the contract may be any product listed in the Company's sales catalog.

 

1.5 With regard to the notification to the Consumer of the delivery, conclusion, cancellation or modification of the Contract and any other information, the broadcast theory shall apply. This means that the date on which the Company sends the notice by means of a communication medium shall be deemed to be the date of notification to the Consumer.

 

1.6 All notices to Consumers shall be given by the Company by email.

 

1.7 The Company undertakes to provide the following information on its website at all times:

- The identity of the Company (name of the company, address of registered office, registration and tax number, details of registration in the register, indicating the register and registration number)

- Contact details of the Company (e-mail address)

- The main characteristics of the goods to the extent relevant to the data carrier and the goods (including information on repurchase services, legal warranties of conformity of the goods and voluntary warranties)

- Information on the deliverability of the products

- The final price of the goods, including taxes, or the method of calculating the price where the price cannot be calculated in advance due to the nature of the goods

- Information on any additional transport, delivery or shipping costs or a warning that such costs may be incurred if they cannot be calculated in advance

- Payment and delivery terms

- Period of validity of the offer

- Conditions and time limits for withdrawal from the contract

- Acknowledgement of liability for material defects

- Details of the complaints procedure

 

1.8 The Company undertakes not to impose any contractual terms which are unfair to the consumer, in accordance with the provisions of the Consumer Protection Act. Unfair contractual terms and conditions shall be null and void.

 

2. Application of the General Terms and Conditions

 

2.1 The present General Terms and Conditions shall prevail over, i.e. fully replace, any missing, different, void or conflicting contractual provisions between the Company and the Consumer.

 

2.2 The present General Terms and Conditions shall supersede any general terms and conditions and other documents of the Customer, unless the application of the present General Terms and Conditions is expressly excluded by the Company in writing.

 

2.3 The General Terms and Conditions shall form an integral part of the contracts concluded between the Consumer and the Company. By entering into a contract, the Consumer fully agrees to the contents of the subject General Terms and Conditions and confirms that he/she is fully aware of the contents of the subject General Terms and Conditions.

 

2.4. The present General Terms and Conditions are available at the following link: http://www.juicymarbles.com/uk/terms-and-conditions. The General Terms and Conditions may also be consulted at the Company's registered office.

 

2.5 The placing of a valid order in the Company's online shop shall be deemed to constitute the conclusion of a contract.

 

2.6 The General Terms and Conditions shall only be binding on the consumer if he has been expressly informed of their existence prior to the conclusion of the contract or offer.

 

3. Changes to the General Terms and Conditions

 

3.1 If the General Terms and Conditions are amended, the amendments shall become binding on the Consumer from the date on which the Consumer becomes aware of them.

 

3.2 The Consumer shall be deemed to be aware of the changes at the moment of publication of the change on the website and at the moment of confirmation of the order. The Consumer shall be deemed to have accepted the amendment to the General Terms and Conditions.

 

3.3. A Consumer who does not agree with the change to the General Terms and Conditions shall be obliged to submit a written statement of disagreement to the Company within 2 days of becoming aware of the change. If the Consumer does not notify his/her disagreement with the amendments to the General Terms and Conditions within the specified time limit, the Consumer shall be deemed to have accepted the amendments. If the Consumer declares that he/she does not agree with the amended General Terms and Conditions, the Company shall have the right to withdraw from the contract.

 

3.4 In the event that a provision in the Contract or the General Terms and Conditions is invalid or unenforceable or a legal vacuum is created, the remaining provisions in the Contract or the General Terms and Conditions shall not be affected, provided that the parties agree that the provision closest to the intent or purpose of the Contract shall apply in place of the invalid or unenforceable or non-existent provision.

 

4. General provisions

 

4.1 The Consumer is obliged to inform the Company of all information and facts relevant to the establishment and continuation of the legal business relationship.

 

4.2 The Company collects certain personal data of Consumers. The types of personal data, the purposes for which they are processed and the legal grounds for processing are governed by the Privacy Policy, which forms an integral part of the General Terms and Conditions of Business. Customers may consult the Privacy Policy at https://www.iubenda.com/privacy-policy/40957350.

 

4.3 The Company endeavors to ensure that the information and data contained in the Online Shop is up-to-date. In the advertising messages and product descriptions in the Company's online shop, there may be minor discrepancies with regard to the actual characteristics of the product, which shall not be binding on the Company. However, the Company shall be bound by all statements regarding the characteristics of the goods included in the specific offer or contract.  

 

4.4 The Company reserves the right to change the specifications or information referred to in the preceding clause without prior notice to the Consumer, and the specifications and information shall only be binding if set out in a contract.

 

4.5 The Company shall be bound in its dealings with consumers by the statements made in advertising communications concerning prices, characteristics of the goods and warranty conditions. The prices in the advertising messages are indicated in euros and include VAT.

 

5. Prices

 

5.1 The prices displayed on the Company's website are subject to change without notice.

 

5.2 Prices are binding from the moment the Consumer completes and correctly submits the order. In the event that the price information is incorrect or the prices change during the processing of the order, the Consumer has the right to withdraw from the contract.  

 

5.3 The prices indicated in the price list on the Company's website include VAT.

 

5.4 The contract between the Company and the Consumer shall be saved electronically and stored on the Company's server after the order has been successfully placed and confirmed. The contract shall be accessible to the Consumer upon written request.

 

5.5 In the case of delivery of Products, standard packaging is included in the price of the Product. The Company may additionally charge for the cost of transporting the goods at the price set out in the price list.

 

6. Payment methods

 

6.1 The Company provides the following methods of payment for the Products:

- Payment via PayPal to the Company's bank account

- Payment by payment (bank or credit) card (MasterCard, Visa, etc.) via Stripe Inc.

 

6.2 The security of personal data and payments is the responsibility of the payment service providers. For all other purposes, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.

 

6.3 If the User selects the option of payment by payment card at the time of ordering and payment is made at the time of ordering, cancellation of the order is not possible thereafter. A refund of the purchase price is only possible if the object of the order has not been delivered to the user due to an error on the part of the provider.

 

7. Invoicing

 

7.1 The Company shall send the Consumer an invoice for the goods ordered to the email address provided by the Customer at the time of ordering on the Company's website.

 

7.2 It is the Customer's responsibility to review all details and specifications of the order before proceeding with the order. Objections made subsequently regarding the inaccuracy of invoices issued shall be irrelevant.

 

8. Ownership

 

8.1 All records, deeds and other documentation relating to the subject matter of the Contract shall be and remain the property of the Company after the Contract has been entered into unless the Company has granted written permission for the use of such material. In the event that the Company has given its consent to the use of such documentation, the Consumer undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation are prohibited without the written consent of the Company. The Consumer agrees and expressly acknowledges that the said documentation constitutes a business secret of the Company.

 

8.2 Unless otherwise agreed in the contract between the Company and the Consumer, the Company reserves the ownership, copyright and related rights in all documents necessary or provided in connection with the conclusion and/or performance of the contract.

 

8.3 The Company is the owner or licensee of all intellectual property on the Website. For this reason, it may not be used for commercial purposes. If the Company determines that the Customer has made unauthorized use of intellectual property owned by the Company, the Company may prohibit the Consumer from using the Website and the Consumer shall return or destroy any materials produced by the Company as a result of that infringement.

 

9. Confidential Information

 

9.1 Contracts concluded between the Company and the Consumer constitute confidential information. Confidential information includes any information provided by the Company to the Customer prior to the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc. The Consumer undertakes to keep the Company's confidential data private for the duration of the contractual relationship and for 5 years after its termination. In the event of a breach of this provision, the Customer shall be liable in accordance with the applicable civil and criminal legislation.

 

10. Limitation of liability

 

10.1 The Company endeavours to ensure the accuracy of the information published in the Online Shop. The characteristics of the products, the delivery period or the price may change so quickly that the Company is unable to correct the information in the online shop. In this case, the Company will inform the Customer of the changes and give the Customer the opportunity to cancel the order or exchange the goods ordered.

 

10.2 Photographs do not guarantee the characteristics of the goods. The Company endeavours to provide accurate photographs of the Products for sale, but all photographs should be taken as symbolic.

 

10.3 The Company reserves the right to temporarily disable access to the Website in the event of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel any orders placed during the period of technical problems. In such cases, the Company will immediately inform the Customer of the technical problems and provide instructions on how to proceed. Before visiting the Company's website, the Customer must, at his own risk, ensure the security of its technical means of access to the website and the security of usernames and passwords on the website.

 

10.4 The Company reserves the right, exceptionally, to withdraw from the execution of an order in cases where the products ordered are no longer deliverable or where the Customer is found to have an increased payment risk.In all such and similar cases, the Consumer will be informed immediately of any withdrawal by the Company.

 

10.5 The Company reserves the right to withdraw from the contract if a material mistake is established in accordance with the Sale of Goods act. This includes obvious errors in price.

 

11. Handling of complaints and settlement of disputes

 

11.1 The parties undertake to settle all disputes amicably, and in the event that all out-of-court means of reaching an agreement have been exhausted, the competent court shall have jurisdiction to settle the dispute, depending on the permanent or temporary residence of the consumer.

 

11.2 In accordance with the statutory regime, the Company does not recognise any out-of-court consumer dispute resolution provider as having jurisdiction to resolve a consumer dispute. Alternative online resolution of consumer disputes is excluded.

 

11.3 The Company shall comply with applicable consumer protection legislation and shall ensure an efficient and confidential complaints handling system. Complaints should be sent to affairs@juicymarbles.com.

 

11.4 The Company will acknowledge receipt of the complaint to the Consumer within 5 working days of receipt of the complaint and inform the Customer of the progress and duration of the complaint procedure.

 

12. Withdrawal of the Company from the Contract

 

12.1 In the event of a breach by the Customer of the provisions of the Contract or these General Terms and Conditions, the Company shall have the right to withdraw from the Contract without further notice to the Customer. In such event, the Company shall refund any amounts paid to the Customer's transaction account.

 

12.2 The Company shall have the right to withdraw from the Contract if the Consumer fails to fulfill his/her obligations, if he/she provides the Company with untrue information that makes it difficult or impossible to fulfill the Contract and if he/she fails to pay his/her obligations in accordance with the Contract and these General Terms and Conditions.

 

13. Order placement procedure

 

13.1. On the Website, the Consumer may click on the "ADD TO CART" option. The system will then issue a notification of the successful addition of the product to the cart of the desired goods. Once the system has recorded the added product in the cart, the consumer may return to the shop by clicking on the relevant button or proceed with the payment process.

 

13.2 If the Customer wishes to remove a particular product from the shopping cart, he/she can access the added products by clicking on the carticon (top right corner of the homepage) and remove any product by clicking the “x” icon located to the right side of each item in the cart. If the Customer wishes to add new products to the cart, he/she shall do so by clicking anywhere outside the bounding box area of the cart overlay or by clicking the “x” icon in the top-right corner of the Cart overlay and then repeating the procedure set out in the preceding Article.

 

13.3. After confirming the content of the cart by clicking on the “CHECK OUT” button at the bottom of the cart overlay, the system shall redirect the Customer to the information form. In order to execute the order, the Customer must correctly fill in all fields except those marked as optional. The system allows the Customer to save the data provided in the user account for future orders.

 

13.4 The Customer may choose between the above payment methods.

 

13.5 If the User has a discount code, he/she can enter it in the specially marked field when placing the order.

 

13.6. The User shall specify the delivery address and choose between the above payment methods.

 

13.7. Before placing an order, the User may check and, if necessary, correct all the data entered in relation to the order, which the system will display to the User after successful confirmation of all the previous stages of the procedure. The User confirms the order by clicking on the "Pay Now" button, thereby committing to the contract and confirming that he is obliged to pay. If the order is successfully placed, the system displays the order number.

 

13.8. Upon successful submission of the order, the User will receive an email confirmation of receipt and confirmation of the order.

 

14. Delivery terms

 

14.1 The delivery charge and whether it is included in the price of the Product depends on the price list.

 

14.2 In the event that the Company is unable to dispatch the Goods within the promised delivery period for unforeseeable reasons, the Company shall notify the Customer of the new delivery period via the contact details provided.

 

14.3 In no event shall the Company be liable for non-delivery of the Goods for reasons beyond its control. The Company will use its best endeavours to ensure that the delivery of the Goods is made as quickly as possible and that the Customer is kept informed of any delays in delivery by the Supplier on a regular and timely basis.

 

14.4 In the event that the Customer fails to receive the ordered Goods within the agreed time, the Customer shall call upon the Company to perform its obligations and shall allow the Company a further period of time in which to perform its obligations. If the Company fails to deliver or fulfil its obligations even within the additional period, the Customer may withdraw from the concluded contract and demand reimbursement of the amounts already paid for the purchase of the goods.

 

14.5 Delivery times for the Products may be affected by unforeseeable factors such as, but not limited to, traffic congestion, rush hour and weather conditions for which the Company shall not be liable.

 

15. Acceptance of Goods

 

15.1 In the event of delivery of the Goods through delivery service partners, the Customer shall take delivery of the Goods in accordance with the terms and conditions of the delivery service provider.

 

16. Right of withdrawal

 

16.1 The consumer shall not have the right to withdraw from the order of food Prouducts in accordance with the Article 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, because the order concerns the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery. For other non-food Products (such as merchandise etc.) the Consumer has the right to communicate to the Company that she/he is withdrawing from the contract within 14 days from the receipt of the non-food products without having to state the reason for his decision. The withdrawal time period shall start to expire the day after the date of the receipt of the goods.

 

16.2. Once the receipt of the order has been acknowledged, the contents of the order or the final amount of the order may not be changed, except exceptionally with the Company's approval.

 

17. Liability for errors of fact and law

 

17.1 The Company undertakes to refund the purchase price paid or to replace the Products in any way if they fail to meet the specifications or other non-conformity requirements set out in the description of the Products or in advertising available at the time of or prior to the conclusion of the Contract ("Defects").

 

17.2 The Company shall be liable for material defects in the Goods at the time when the risk of accidental destruction or damage passed to the Customer. This point in time shall normally be the moment of acceptance of the goods.

 

17.3: Material defect occurs: 

- if the goods do not have the characteristics necessary for their normal use or for their circulation;

- if the thing does not have the characteristics necessary for the particular use for which the buyer is buying it, which was known or ought to have been known to the seller;

- if the thing does not possess the qualities and characteristics which were expressly or tacitly agreed or prescribed;

- if the seller has handed over an item which does not correspond to a sample or model, unless the sample or model was shown for information purposes only.

 

17.4 The Customer is obliged to inspect the object of the Contract immediately or as soon as possible, to identify any defects and to record them. Otherwise, the Company shall disregard material defects which are not hidden and which were known or should have been known when the subject matter of the Contract was inspected.

 

17.5 The Customer shall notify the Company of obvious material defects immediately after due inspection, at the latest within 48 hours of receipt and immediately after the actual discovery of the hidden material defect. Otherwise, the Company shall not be liable for the said defects.

 

17.6 The Customer shall notify the Company of the defect within two months of discovery of the defect.

 

17.7 The Company shall be liable for defects existing at the time of delivery of the Goods and which become apparent within two years from the date of delivery of the Goods.

 

17.8 After notifying the Company of a material defect, the Consumer must allow the Company to inspect the Goods and describe the defect in more detail in the notice of material defect.

 

17.9 The Company shall not take into account insignificant material defects.

 

17.10. If the Company establishes the existence of a material defect in accordance with the Consumer's timely and correct notice, the Consumer shall be entitled to demand from the Company in respect of the Goods in the following order:

- repair or replacement of the Goods(request for restoration of conformity free of charge),

- the return of a proportion of the amount paid in proportion to the defect (request for reduction of the purchase price),

- return of the amount paid (withdrawal from the contract of sale)

 

In the case of a request for free restoration of conformity, the repair of the goods is impossible and the consumer has no right to choose between repair and replacement.

 

The consumer shall request the Company to restore the conformity of the goods free of charge within a reasonable period, which shall not exceed 30 days from the time of notification.

 

If the Company fails to repair or replace the goods within this period, the consumer is entitled to a reduction in the purchase price or to withdraw from the contract and to a refund.

 

17.11. Where the Consumer withdraws from the contract of sale, the Company shall refund the amount paid to the Consumer without delay, but no later than eight days after the material defect has been identified.

 

However, where the consumer requests a proportionate reduction of the purchase price, the Company shall refund part of the purchase price within eight days of receipt of the request for a proportionate reduction.

 

17.12. The Company warrants that no third party has any proprietary right or copyright or industrial property right in relation to the subject matter of the Contract which would exclude, diminish or restrict the Customer's rights. The Company warrants that these rights are protected by contracts concluded between the Company and its contractual partners.

 

Last update: 1.3.2024