Fresh Pod Ltd Terms and Conditions of Sale
These terms and conditions govern the use of the freshpod.co.uk website and your relationship with Fresh Pod. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the freshpod.co.uk site. Please note that to order any of the products on Fresh Pod Limited's site (freshpod.co.uk), you are required to register as an authorised user on the site.
1. Use of the freshpod.co.uk site
The freshpod.co.uk site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the freshpod.co.uk site you agree to be bound by these Terms and Conditions.
All orders and purchases made on the freshpod.co.uk site will also be governed by the specific Product Terms relevant to each product as seen in the product information leaflets.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by you on registration or via a suitable announcement on the freshpod.co.uk site. The changes will apply to the use of the freshpod.co.uk site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the freshpod.co.uk site. If you continue to use the freshpod.co.uk site after the date on which the change comes into effect, your use of the freshpod.co.uk site indicates your agreement to be bound by the new Terms and Conditions.
To register with freshpod.co.uk you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and Security
When you place an order on freshpod.co.uk site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password, if you know or suspect that someone else knows your password you should notify us by contacting us immediately.
If freshpod.co.uk has reason to believe that there is likely to be a breach of security or misuse of the freshpod.co.uk site, we may require you to change your password or we may suspend your account.
5. Freshpod.co.uk's liability
The freshpod.co.uk site is provided by Fresh Pod Ltd without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The freshpod.co.uk site provides content from other Internet sites or resources and while Fresh Pod Ltd tries to ensure that material included on the freshpod.co.uk site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
Fresh Pod Ltd will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the freshpod.co.uk site. If Fresh Pod is informed of any inaccuracies in the material on the site, we will attempt to correct the inaccuracies as soon as we reasonably can.
6. Standard Terms & Conditions
In these Conditions of Sale, freshpod.co.uk is referred to as 'the Company' and any party transacting business with the Company is referred to as 'the Customer'.
b. Acceptance of Orders
All orders accepted by the Company shall be subject to these Conditions of Sale. The Company shall not be bound by any conditions inconsistent with these Conditions of Sale which may be contained in an order sent to the Company and every such order shall be read and construed as if such conditions inconsistent with these Conditions of Sale were not included therein.
No variation of these Conditions of Sale shall be binding unless agreed to in writing between the authorised representatives of the Company and the Customer. All orders for goods are accepted by the Company subject to any reasonable delay occurring in manufacture or delivery whether such delay is caused by circumstances over which the Company has control or otherwise.
The Company reserves the right where it is prevented by whatever cause from fulfilling its obligations in its absolute discretion to deliver a part only of the goods, in which event the Company shall not be liable for any loss or damage sustained by the Customer as a result.
c. Prices and Specifications
The terms, prices and specifications quoted in the Company's price list are subject to alteration and prices include Value Added Tax.
All goods are sold subject to prices ruling at the time of delivery as contained in the Company's current standard price list.
d. Payment Terms
Goods shall be paid for in full before despatch to customer.
e. Force Majeure and Availability of Goods
The Company shall not be liable for any delay or failure in fulfilling orders due to circumstances beyond the Company's control including but not limited to strikes, shortage of materials or power, accidents, fires and breakdowns of plant or machinery.
If due to such circumstances there are insufficient goods of the kind to be supplied hereunder available to the Company from its normal sources the Company shall be entitled (by giving notice to the Customer of its intention to do so) to ration the available goods between its customers as it thinks fit or to postpone performance of the contract without incurring any liability whatsoever.
f. Quality of Goods and Limitation of Liability
The Company warrants that goods shall at the time of delivery conform to the manufacturer's standard specification therefore and be reasonably fit for the purpose for which they are supplied provided always that the Company shall have no liability whatsoever for any loss of or damage to property arising from use of the goods otherwise than strictly in accordance with the directions recommendations and precautions for use on the label on the goods and in any leaflet issued by the Company in respect thereof.
All other conditions and warranties express or implied statutory or otherwise are excluded and subject as aforesaid the Company shall have no liability whatsoever in contract or tort for any loss of or damage to property arising from supply or use of the goods except in respect of death or personal injury caused by the Company's negligence.
The Company shall be under no liability for breach of the express warranties given above unless the Customer informs the Company in writing as soon as practical of the event or defect alleged to have occasioned the damage and allows the Company a reasonable opportunity of inspecting the goods where practicable.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made. Title to the goods passes on delivery at which time risk for storage or damage to the goods passes to the customer.
h. Claims for Damaged Goods and Shortages
As a condition precedent to recovery for a shortage in any goods, every claim for such alleged shortage must be made by the Customer within 3 days after receipt of part delivery.
Notice of defects must be given to the Company in writing within 3 days after receipt. Failure to do so shall be deemed to be unconditional acceptance but the Company shall not be liable for any damage (whether direct or indirect) caused to the Customer or persons authorised or permitted by him to operate use or come into contact with the goods due to such faults or defects.
No such claim can in any circumstances be entertained in respect of goods the subject of a clean receipt given by the Customer or on its behalf to the carriers or their agents. Where any valid claim in respect of any of the goods is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of the goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
Please allow 3 - 5 working days from date of order placed.
Non-receipt of products must be notified in writing to the Company within 10 days of date of invoice or advice of despatch.
The Company will only accept the return of any products for exchange or credit if returned within 7 days of receipt. The value of the refund will only be for the products purchased not the postage & packing, in the case of a wrong item being sent we will refund the full amount of the order.
l. Postage and Packing
Postage and packing charges are based on the weight of the order, occasionally the Company may offer special rates or free postage and packaging from time to time. Please email for further details.
Please note we can not deliver to PO Box numbers.
Registered trademarks of the Company are indicated by ® and may not be reproduced without the Company's express permission in writing.
n. Non Waiver
No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other condition or shall limit or prejudice any right or claim available to the Company.
o. Non Validity
The restrictions and exclusions hereinbefore contained are considered reasonable by the parties hereto but in the event that any such restriction or exclusion shall be found to be void but would be valid if some part thereof were deleted or the period of application or method of application thereof reduced or restricted such restriction or exclusion shall apply with such modification as may be necessary to make it valid and effective.
The Contract shall in all respects be treated as an English Contract in conformity with English Law.
Registered Office: Fresh Pod Ltd, 34a Yarmouth Road, Norwich, Norfolk, NR7 0EF, IP24 2EN.Company No: 05877306