Conditions of Use

1. INFORMATION ABOUT US

We operate the website www.thefruitboxcompanybristol.com We are Gloucester Road Fruiterers, a company registered in the UK.

2. SERVICE AVAILABILITY

Our site is only intended for use by people residing in England. Unfortunately, we cannot accept orders from individuals outside of Bristol currently.

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 England; and

3.4 you are accessing our site from that England.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 By placing an order, you will receive an e-mail from us acknowledging that we have received your order. This email is not confirmation that we can fulfil all parts of your order, and we are not liable for any changes to this order. All orders are subject to acceptance by us, and we will confirm such acceptance on delivering the order. The contract between us will only be formed when deliver the produce.

4.2 The Contract will relate only to those Products which we are able to dispatch. 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 reached your delivery point.

5. Promotions / Vouchers

5.1 We may offer discount promotions/ vouchers by providing a unique code. The customer will be required to enter this 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.

5.2 A Voucher 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.

5.3 We reserve the right to withdraw or deactivate any Voucher or promotion

5.4 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

6. AVAILABILITY AND DELIVERY

6.1 Your order will be fulfilled by the delivery date set out in your order confirmation email. Delivery windows stated are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your box at any point on the day of delivery set out in the order confirmation email.

6.2 Delivery will be completed when we deliver the Products to the address you gave us or at the collection point provided in the order confirmation email. If no one is available at your address to take delivery, we will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that we consider safe.

The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to us. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.

Our obligation to deliver the box shall be fulfilled once we deliver the box at the safe spot specified by you or the box is considered safe by us.

6.3 If the personal handover of the box is not possible and no leave safe is available we may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”. The customer will be notified of such delivery to a neighbour by delivery notice or via email.

6.4 If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance. The Fruitbox Company will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.

6.5 All deliveries at this stage will be made by The Fruitbox Company. No third parties will be used at this stage. This may change as the business grows, so please keep an eye out for any changes to this clause.

7. RISK AND TITLE

7.1 Once the delivery is completed, according to the preceding paragraph (i.e. signed for by customer, left in a safe spot as specified by the customer or considered safe by us, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. We shall not be held liable for any damage, defect or loss which may occur thereafter.

You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. We are not obliged to review the safe spot as to its general suitability. Refusal of the box does not negate the charge, we will not be liable for any losses sustained by the customer relating to a refusal of delivery.

8. PRICE AND PAYMENT

8.1 The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.

8.2 Product prices include VAT.

8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders where payment has already been taken.

8.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and MasterCard

8.5 Payment will be taken in full at the time of order, less any discount or promotional offers.

9. OUR REFUNDS POLICY.

9.1 If you are unhappy with your box for a legitimate reason such as: the box was missing ingredients, the box was damaged, the box did not arrive. We will offer an appropriate refund as long as it can be shown that the box you were charged for was not provided as it should have been. Please email enquiry@thefruitboxcompany.com to discuss a refund.

10. WARRANTY

10.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

11. OUR LIABILITY

11.1 If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.

11.2 Nothing in this agreement excludes or limits our liability for:

11.3 Death or personal injury caused by our negligence;

11.4 Fraud or fraudulent misrepresentation;

11.5 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

11.6 Defective products under the Consumer Protection Act 1987; or

11.7 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12. 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.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 We do not claim original ownership of the different components of the website.

13.2 We do not claim ownership of all images. However, if any party believes we have infringed a copy right in any way, please get in touch with us immediately at enquiry@thefruitboxcompany.com

13.3 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

13.4 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

14.2.1 Strikes, lock-outs or other industrial action;

14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5 Impossibility of the use of public or private telecommunications networks; and

14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 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.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 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 14 above.

16. 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.

17. ENTIRE AGREEMENT

17.1 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.

17.2 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.

17.3 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.

17.4 Nothing in this clause limits or excludes any liability for fraud.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the produce (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. LAW AND JURISDICTION

19.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Thank you for taking the time to carefully read through our T&Cs.

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