XX OUR TERMS XX
What these terms cover.
These are the terms and conditions on which we supply our delicious bespoke fruit and vegetable boxes, juices, vegetable breads and extra items (“Goods”) to you.
Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide your very own Veg Boxx and Extras to you and other important information. If you think that there is a mistake in these terms, please let us know.
INFORMATION ABOUT HOW TO CONTACT THE BOXXFRESH TEAM
Who we are.
We are Boxxfresh Limited, a company registered in England and Wales with the registration number 10711147 and our registered office: The Long Barn, Romsey Road, Pitt, Winchester, SO22 5QX.
How to contact us.
You can contact our team by telephoning our customer services on 01329 846815 or writing to us at firstname.lastname@example.org or by post to Boxxfresh Ltd, Lower Brownwich Farm, Titchfield, Fareham, Hampshire PO144NS.
How we may contact you.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails.
For these terms, when we use the words "writing" or "written," this includes emails.
OUR CONTRACT WTH YOU
How we will accept your order.
You place your order for Goods with us on our website www.boxxfresh.com (the Website) by selecting the size of the boxx you wish to receive and specifying the Goods you wish to have included in your boxx. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can
do so before submitting it to us. You will be informed of any deadlines for placing your order during the order process.
When you confirm your order & make payment at the end of the online shop checkout process, we will acknowledge your order confirmation by email. This acknowledgement does not, however, mean that your order has been accepted.
Acceptance of your order.
Our acceptance of your order will take place when we send you our order confirmation email to accept it, at which point a contract will come into existence between you and us, which will be subject to these terms.
If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing or by phone and will not charge you for the Goods. This might be because the Goods are unavailable, because we cannot authorise your payment, or because of unexpected limits on our resources which we could not reasonably plan for. We may need to contact you to ask if you are happy for us to substitute some Goods in place of others subject to availability. Please see our section ‘Availability of Goods’ section in these terms for more information.
Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We deliver our Goods throughout Hampshire and its borders with adjoining counties at our discretion. We may be unable to accept your order if the delivery address would limit our resources to fulfil our other deliveries. If this is the case, we will always communicate this to you, when you place your order.
Goods may vary slightly from their pictures.
We believe our Goods always look and taste delicious but please note that the images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
Packaging may vary.
The packaging of the Goods may vary from that shown in images on our Website or in other promotional materials supplied to you.
Availability of Goods.
When you select your boxx on the Website, you will be asked to select your choice of produce from the list available. Whilst we will do our best to supply the Goods that you have chosen, please be aware that the Goods you actually receive in your boxx will be based on what is in season and what is available that week. This is to ensure that the Goods you receive are the freshest and highest quality possible. We will confirm the items that will be in your boxx in our order confirmation email or other written confirmation. Should you wish to amend or cancel your order at this point then please follow the steps set out in the ‘Your Rights to Cancel’ section of these terms.
Summary of your legal rights
We are under a legal duty to supply Goods to you that are in conformity with this contract. Nothing in these Terms will affect your legal (statutory) rights. You have the right to Goods that are as described, fit for purpose and of satisfactory quality. For more detailed information on your key legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
PROVIDING THE GOODS
When we will provide the Goods.
During the order process we will let you know when we will provide the Goods to you; this will generally be between the hours of 07:00 and 21:00 on a Thursday or Friday, unless we inform you otherwise.
We are not responsible for delays outside our control.
If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
If you are not at home when the Goods are delivered.
If no one is available at your address to take delivery, we will leave your Goods in your nominated “safe place” (as specified in your order email to us).
BEFORE TUCKING INTO YOUR BOXX
When you become responsible for the Goods.
The Goods will be your responsibility from the time we deliver them to the address you gave us.
Please ensure that you give all fruit and vegetable Goods a good wash before eating.
Please check any allergen information.
All our juices and other extras that you may purchase clearly state their ingredients. Please note that juices are made to order. It is your responsibility to check the ingredients for any allergens.
YOUR RIGHTS TO CANCEL, CHANGE OR END THE CONTRACT
You may cancel or change your order up until the amendment cut off point specified in our order confirmation email or other written confirmation. To cancel or change your order you must telephone our customer services team on 01329 846815. Please note that orders cannot be cancelled or changed by email. Please also note that the original price quoted to you may vary in the event that you request a change to your order.
If, for any reason, you are unhappy with the Goods you purchase from us, please contact us as soon as possible by telephone or email and we will make every endeavour to address your concerns. Please note that as the Goods are perishable items, refunds shall be at our discretion unless the Goods are damaged.
Subject to photographic proof that the Goods have been damaged, we will refund you in full by issuing a refund to your payment card. Please allow 3-5 working days for the refund to show in your account.
PRICE AND PAYMENT
Where to find the price for the Goods.
The price of the Goods (which includes VAT) will be the price indicated on the Website and is in pounds sterling (£) (GBP).
We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
Any delivery charges will be displayed to you before you make payment for the Goods.
When you must pay and how you must pay.
We accept payment by credit and debit card. You must pay for the Goods before we dispatch them. Goods will not be dispatched until payment is received in full.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; and of satisfactory quality.
We are not liable for business losses.
If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
How we will use your personal information.
We will use the personal information you provide to us to supply the Goods to you; to process your payment for the Goods; and if you agreed to this during the order process, to give you information about similar Goods or services that we
provide, but you may stop receiving this at any time by contacting us. We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
Nobody else has any rights under the contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of the contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing the contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
These terms (and any contract entered into subject to these terms) are governed by English law. In the event that you have any complaints that we are unable to resolve with you, we shall supply you with information regarding our alternative dispute resolution provider to resolve proceedings. You can bring legal proceedings in respect of the Goods in the English courts.