Terms and Conditions of O’Foodi Foods Limited
This page (along with the documents referred to on it) informs you about the terms and conditions on which we will supply to you the products listed on our website www.ofoodi.co.uk (our site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products you consent to being bound by these terms and conditions.
Please tick the checkbox in the shopping basket to accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.ofoodi.co.uk. We are O’Foodi Foods Limited a company registered in England and Wales. Registration number – 13431656
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people residing in the United Kingdom of Great Britain, Scotland, and Wales Northern Ireland (Serviced Countries). We do not accept orders from individuals outside those countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 You are at least 18 years old.
3.3 You are resident in one of the Serviced Countries; and
3.4 you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1 After placing an order on our website, you will receive an e-mail from us acknowledging the receipt of such orders. Please note that acknowledgment of your order does not mean acceptance. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). This is when a contract is formed between us and you. (Customer)
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. VOUCHERS AND DISCOUNTS
5.1 We may offer vouchers and discount promotions which require to be activated by typing in the discount code. Such vouchers may only be used once by its Holder and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.2 We reserve the right to withdraw or deactivate any Voucher for any reason at any time.
5.3 Vouchers may only be redeemed through the website www.ofoodi.co.uk and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.4 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges.
6. CONSUMER RIGHTS/ CANCELLATION POLICY
You may cancel an order at any time, but your decision to cancel the order must be communicated to us at least 72 hours before your delivery. You can cancel your order by sending us an email at order@ofoodi.co.uk or call us on 07440190869. You will then receive a written confirmation from us that your order has been cancelled. Please note that your order is not cancelled until you have received a written confirmation by email from us.
7. AVAILABILITY AND DELIVERY
7.1 We will aim to fulfil your order by the delivery date set out in the Dispatch Confirmation or the delivery date chosen at checkout. Though in some cases, we may not be able to deliver by the delivery date, for example, due to unexpected delays from our suppliers or the day of the week the order was placed. In these instances, we will aim to inform you of such delays prior to the delivery date, but where this is not possible, we will notify you of the delay on the day of delivery.
Our boxes are dispatched via 24-hour courier and will usually arrive the day after it was collected from us. In some instances, your box may be delayed due to unforeseen circumstances. As our insulated boxes has been tested to keep the food inside safe for up to 48 hours. You agree to accept delivery where a delay has occurred, provided it is within the 48-hour period.
7.2 We cannot be held responsible for delays in delivering of goods which occurs outside our control.
7.3 We reserve the right to cancel your order and refund monies paid where there is problem with delivery to your area.
8. RISK AND TITLE 8.1 The Products will be at your risk from the time of delivery or attempted delivery, where we have attempted to deliver your box, but you are unavailable within the delivery time frame selected at checkout.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of Products and delivery charges will be as stated on our website and can vary from time to time except in cases of obvious in error.
9.2 Product prices and delivery charges can be changed at any time, but changes will not affect orders in respect of which Dispatch Confirmation has been sent.
9.3 Payment for all Products and Services must be made in full by Stripe or direct bank transfer. We are unable to send out goods before receiving payments in full.
10. OUR LIABILITY
10.1 We will not be liable to you for any lack of performance, or the unavailability or failure of this website or our services, or for any failure by us to comply with these terms and conditions where such lack, unavailability or failure arises from any cause reasonably beyond our control. (force Majeure)
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 Death or personal injury caused by our negligence.
10.2.2 Fraud or fraudulent misrepresentation.
10.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 O’Foodi Foods Limited is the owner of all intellectual property right relating to this website. This includes but is not limited to photos, logos, graphics and videos. These works are protected by copyright laws and all such rights are reserved.
13.2 You do not have the right to reproduce or acquire ownership of this intellectual rights without first obtaining our express consent to do so.
14. WAIVER
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
15. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.