Terms and Conditions
1. Background
1.1 Please read these terms and condition (“Terms and Conditions”) carefully. You are agreeing to these terms and conditions when you use or submit an order on this website.
1.2 These terms of conditions govern the contract made between you and fruityfreshmangoes.com (“we”, “us” or “our”) when purchase goods on this website and you are bound by these Terms and Conditions whenever you use this website. These Terms and Conditions are subject to change. If any changes occur then you are bound by the changes from the date they are published. Therefore you should check these Terms and Conditions before each use of the website.
2 Registration
2.1 In order to place an order on this website, you must register with fruityfreshmangoes.com.
2.2 You must be 18 years of age or over to register with fruityfreshmangoes.com, unless you are a business user.
2.3 When registering, you agree to provide all information accurately and you agree to keep this information up to date.
2.4 All deliveries and contact with you will be made on the basis of the information provided by you during the registration process. It is your responsibility to amend the registration details if they change for any reason.
2.4 We reserve the right to cancel a registration for any reason and we will inform you if we do so.
2 CONTRACT
2.1 After you place your order, we will confirm acceptance of your order by sending you an e-mail to the email address what you have provided to us upon registration. It is only when you receive this email confirmation that the order is accepted and that the purchase contract will be made.
2.2 The goods will be supplied to you in accordance with these Terms and Conditions.
2.3 Due to the nature of the products as perishable, once an order has been accepted, it is binding and there can be no amendments or cancellations to the order
3 Prices
3.1 The price of the goods will be that quote on the website at the time that you place your order. The order is placed after you confirm payment and once a message is displayed on the screen stating that your order has been placed.
3.2 Clause 2.1 is subject to any inadvertent technical error for which we will not be liable.
3.3 If you are offered a substitute item, the price charged for that substitute item (if you accept it) will be the price at the time the item is substituted.
3.4 The prices stated on the website will be inclusive of any VAT payable (if applicable) and standard delivery.
4 DELIVERY
4.1 Standard Delivery is delivery within 3 business day, if the order is placed before midday. If you order after midday, standard delivery will take up to 4 business days. If you require goods faster than this, please contact us.
4.2 Delivery will be made to the address specified by you when you register on the website. If your delivery address has changed, please ensure that you change your registration details.
4.3 Delivery will only be made within the UK.
4.3 We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.4 In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. A refund will be made for any incorrect goods or goods which you have not received have already been paid for. Subject to clause 8.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.5 If no one is at the address when the delivery is attempted the goods may be left for you in a safe place, at the discretion of the delivery company, or retained by the delivery company. The delivery company will leave notification of attempted delivery and notification of how to retrieve goods. We expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
4.6 Goods are delivered through a delivery company and no responsibility can be taken for the actions of the delivery company.
4.7 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 8.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.8 If you fail to receive your delivery within a reasonable time, we reserve the right to charge you in full due to the perishable nature of the items.
5 PAYMENT
5.1 Payment may be made by debit, credit or charge card only. No vouchers or "money off" coupons will be accepted towards payment of an order.
5.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
5.3 if authority for the payment is refused or we reasonably believe that payment will be refused at any stage, we reserve the right to terminate our agreement with you.
5.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
6 Goods
6.1 You must be aware that mangoes of the nature sold on this website are highly perishable and delicate in nature.
6.2 We make every effort to ensure that you receive the goods in a suitable condition and are of the highest quality. However, due to the highly perishable nature of the goods and that we are unable to check each individual piece, we are unable to guarantee the quality of the goods.
6.3 When you purchase 10 mangoes, you will be sent 12 mangoes. This is due to the nature of mangoes as highly perishable and our experience that in any batch of mangoes, at least 15-20% of mangoes may be below our usual standards.
6.4 You must inspect the goods on arrival. Where you are unsatisfied with the quality of the goods and over 75% of the pieces are unsatisfactory, you must notify us promptly in writing by email and we will consider a refund or exchange of the goods. We will arrange with you for the goods to be returned to us.
6.5 When considering refund or exchange of the goods, we reserve the right to take into account any use or enjoyment of the goods prior to their return and the characteristics of the goods which cause them to deteriorate rapidly.
6.6 Where any refund is made, we will credit your payment card.
6.7 Goods are subject to availability and prevailing market conditions. We may limit the quantities of goods supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. Where the goods you have ordered are not available, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. Where a substitute is offered, you will be advised before dispatch and you will be given 12 hours to reject the substitution.
6.8 The photographs provided on this website are for guidance only. We are not responsible for any variance from the photographs or from the exact description on this website, due to the nature of the product.
6.8 Subject to clause 8.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
7 CANCELLATION
7.1 Once you have received the confirmation e-mail confirming acceptance of your order, you cannot cancel your order.
7.2 If payment has been taken prior to receipt of the confirmation email and the order is cancelled prior to receipt of the confirmation email, we will credit your payment card with the price of the goods.
8 WARRANTY AND LIABILITY
8.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights.
8.2 We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
8.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods, on the date of the order, contained in that order.
9 PRIVACY
9.1 In assessing your request for delivery of groceries from us we reserve the right to make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We also reserve the right to check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
9.2 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
9.3 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
10 CUSTOMER COMPLAINTS
10.1 Any Customer complaints should be addressed to customerservices@fruityfreshmangoes.com
11 GENERAL
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us. You are permitted to use the material data and content only for your personal use in placing orders through fruitymangoesmangoes.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the fruityfreshmangoes.com website without prior written permission and subject to any applicable fee.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
11.4 Fruityfreshmangoes.com is a trading name of Fruity Fresh (Western) Limited. The registered company address for Fruity Fresh (Western) Limited is 306, NEASDEN LANE, LONDON, NW10 0AD. Registered in England. Company registration number: 02848189. Contracts entered into through this website will be deemed to take place at the registered address.
11.5 These Terms and Conditions were most recently updated on 12th April 2010.
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