FIT FOOD WAY TEMS AND CONDITIONS
1. Introduction
1.1 These are the Terms and Conditions on which BIVA GROUP LTD ("We”) supply our products (“Products”) to the Customer ("You"). By ordering the Products you agree to be legally bound by these Terms.
1.2 The Terms and Conditions together with our Privacy Policy apply to all orders placed on www.fitfoodway.co.uk website or via our app. Please read them carefully before placing your order (“Order”).
2. Information about Us
2.1 We operate the Website www.fitfoodway.co.uk, which belongs to BIVA GROUP LTD, a company registered in England and Wales under . Company No. 14680063, with head office in Guildford, Stag Hill, Unit 6, GU2 7RZ.
2.2 Our VAT. No is 452857762.
2.3 We can be contacted via e-mail at: office@fitfoodway.co.uk or by phone: 0800 001 6281,
3. Service Availability
We accept Orders and deliver in London within M25 and Guildford.
4. Accepting the Terms and Conditions
4.1 When using the Website and/or placing an Order, You undertake to comply with the Terms and Conditions and confirm Your understanding and acceptance of these Terms and Conditions.
4.2 We reserve the right to update/modify the Website and the Terms and Conditions anytime, without any previous notice and the updates/modifications shall be applicable from the date of their display on the Website.
5. The Contract
5.1 When you place Your Order via the Website or our App, you shall receive an email confirmation that we have received it. This is not a confirmation that we have accepted Your Order.
5.2 You shall be assigned an order number, which shall show in your account (accessible via the website or the app) please quote it in Your communications with us.
5.3 Your Order and invoice shall show in Your account.
5.4 If for any reason We are unable to process Your order, We shall contact You.
5.5 We reserve the right to decline an Order for any reason.
5.6 If You want to cancel Your Order you have to email Us before 10am the day before Your delivery or login to Your customer account and go to ‘Preferences’.
6. Our Products
6.1 The images of the Products on Our Website are for illustrative purposes only and the delivered Products may differ from the images presented in any way (colour, appearance, etc.). The packaging of the Products may also vary from the packaging presented on the Website.
6.2. We reserve the right to change the Product information without any additional formality.
6.3. The information presented on the Website including the names of the programs and menus is for informational purpose only. It is addressed to people interested in a healthy lifestyle. The nutritional or food information provided does not amount to nutritional/medical advice. If you require medical or nutritional advice, you should consult a nutritionist or a doctor before placing an Order. We are not liable for any loss, damage or injury resulting from the advice, recipes, information or instructions presented on the Website or in connection with the Products sold.
6.4 All Products shown on Our Website are subject to availability and in certain circumstances we reserve the right to substitute them with different Products.
6.5 Our Products comply with the legal requirements and the UK health and safety standards.
6.6 We show the essential characteristics of the Products (ingredients, weight, price per unit). Please familiarise yourself with the Allergen information section of our Website.
6.7. If you have allergies or food intolerances, please check our allergen section https://fitfoodway.co.uk/allergens.html. You are responsible for checking the ingredients list and, if you are in doubt, contacting Us for more information before placing the Order. You agree that any purchase is made at Your risk.
6.8. Every effort is made to ensure that the information about the Products is correct, if We find an error in relation to the ordered Product we shall inform You and You will be entitled to cancel the Order
6.9. The Products are sold for Your personal use and are not intended for resale.
6.10. You are responsible for opening and inspection of the delivered Products, as well as for their correct storage after opening the package (e.g. in the refrigerator). You are also responsible for reheating the delivered Products. We assume no responsibility for any loss, damage or injury resulting from incorrect storage, preparation or reheating of the delivered Products.
7. Intellectual Property Rights
7.1 All Intellectual Property Rights belong to BIVA GROUP LTD. Any use of the Website or of its content (for example: images, descriptions/texts, graphic elements, symbols, scripts, programs, logos, stylized representations, etc.) for any other purpose than personal and non-commercial use without Our written consent is forbidden.
7.2 Your access to the Website is limited to personal interest and granted for the purpose of visualising the Products and/or for placing an Order.
7.3 A misuse of Our Intellectual Property may lead to legal proceedings.
8. Cancellations, Returns and Refunds
8.1. You can cancel the Product before 10am on the day before Your delivery.
8.2 If on receipt of delivery You note that the Products differ from what you have ordered, are incomplete or are not fit for consumption, please contact Us immediately.
8.3 Do not consume a Product, which appears not fit for consumption.
8.4 We shall investigate your complaint and if the Product was wrong or did not meet the requirements, We either send you a replacement or issue a refund.
8.5 Our Products are perishable so these cannot be returned. For this reason, the consumer right to return a product within 14 days from an online purchase, does not apply to these transactions.
9. Prices, Payment, Promotions
9.1 All prices of the Products presented on the Website, are in pound sterling and include VAT (currently at 20%).
9.2 The price, payment methods and payment period are specified in each Order.
9.3 Following your payment, You shall see Your receipt in your account.
9.4 You can pay for your Order online by a debit or credit card. We have the right to cancel the Order if the transaction has not been accepted by Your issuing bank.
9.5 If the payment has been processed and as a result of stock synchronization the Product is out of stock, We shall contact the You and either issue a refund or offer an exchange.
9.6 The packaging of the Products and overnight delivery are free.
9.7 If as a result of a Website error, a Product is sold with an incorrect price, We reserve the right to cancel your Order or contact You to discuss alternative arrangements.
9.9 Discounts, rebates and promotions do not cumulate and are expressly stated by Us. The discount with the highest value shall always be the one applicable. We establish the rules of the promotions and contests. These regulations are made available to potential participants on the Website. We do not guarantee the availability of the Products for the promotion and may cancel it at any time without prior notice.
10. Products delivery
10.1 The ordered Products available in stock shall be delivered to addresses in London or Guilford areas by Our drivers.
10.2 We shall provide the suitable packaging of the Products.
10.3 The Products are delivered overnight (between 10pm and 6am), which is free of charge, or in the morning (between 6am and 10am), which incurs £10 delivery charge.
10.4 Orders shall be placed at least 1 day before delivery until 12:00. Orders can be changed one day before delivery until 10:00. No orders are processed or delivered on non-working days and bank holidays.
10.5 You shall provide us with the instructions as to where to leave the delivery if you live in a house. If you live in a flat, please ensure that we are able to leave the delivery inside the building, in the lobby or other designated area, either by providing Us with an access code, fob or key or by alerting the concierge. If we have no access to the inside of the building, we shall attempt to contact you over the phone. Our driver has a maximum of 15 minutes at each address and if they are not able to contact you or safely leave the delivery they will have to take it with them.
10.5 We may delay or cancel the delivery of the Products if they cannot be delivered for reasons beyond our control, caused either by a third party or by Force Majeure.(please refer to clause 18.2).
10.6 We are not responsible for any delays in delivery time (for instance due to road closures).
10.7 If, after confirming the Order, We do not deliver the Products between 10pm to 6am for night delivery or between 6am to 12am for day delivery and you can choose to cancel the Order.
10.8 The risk of loss or damage to the Products is transferred to You when the delivery is completed when it is delivered to you or left in the specified safe spot. After that we cannot be held liable for any damage, defect or loss which may occur thereafter.
10.9 The ownership of the products is transferred to You upon delivery.
10.10 If the Product cannot be delivered due to causes attributable to You, We reserve the right to collect the amount related to the ordered Product.
11. Your obligations
11.1. You shall read, accept and comply with Our Terms and Conditions when using the Website and when placing Orders and to pay for the ordered Products.
11.2 You shall provide correct and actual information about Your identity for the creation of the User Account. We may cancel your Orders if the information is incorrect or incomplete. You can update Your identification data by accessing My Account section.
11.3 It is your obligation to ensure that the data in the User Account is up to date.
12. Our obligations
12.1 We shall confirm your orders by e-mail.
12.2 We shall deliver the Products in accordance with these Terms &
Conditions.
12.3 We shall use Your personal data in accordance with the Privacy Policy section.
13. Limitation of liability
13.1 Our total liability to You shall not exceed the purchase price of the Products.
13.2 For more information on the limitation of liability please refer to clauses 6.3, 6.7,6.10, 10.5, 10.6, 15.3.
13.3 We are not liable for delays outside our control such as Force Majeure Event (please see clause 18.2 for more information), for delivery delays, for problems caused by not following Our instructions.
13.4 Nothing in the Terms and Conditions limits any liability which cannot legally be limited, including liability for: death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Products Act 1979, or defective products under the Consumer Protection Act 1987.
14. Cookies
14.1 We use Cookies on our Website. Cookies are small text files, managed by the internet browser, consisting of letters and numbers, which will be stored on the computer, mobile terminal or other equipment of a visitor/user from which the website is accessed. The cookie is installed at the request of a web server to a browser and is completely "passive" (does not contain software, viruses or spyware and cannot access the information on the hard drive of the visitor/user). Some sections of the website's content may be provided through third-party cookies (e.g. advertisements), third parties being required to comply with applicable legal provisions and the privacy policy of the website administrator.
14.2 The Website www.fitfoodway.co.uk installs cookies only to allow the improvement of the functions offered, so that the experience occasioned by visiting the Website becomes more pleasant. The administrator does not use cookies to collect, process, disseminate or record personal data. There are situations in which the IP address from which the website is accessed or that of the reference website can be retained, if applicable. This information is necessary to provide quality services to visitors/customers and will not be sold, alienated or rented to a third party.
14.3 The administrator uses the following types of cookies: (i) strictly necessary cookies - necessary for the provision of the website's services; (ii) analysis cookies - used for the visitor to benefit from an improved experience and which allow the administrator to analyse how the website works; (iii) advertising cookies - used to provide relevant and personalised marketing materials for each user, as well as to evaluate the efficiency of such content.
14.4 Cookies can be session-type and are deleted when the browser is closed, or permanent and remain in the computer even after the browser is closed, usually until they are deleted manually.
14.5 The visitor/user/customer has the option to accept the use of cookies that will allow him to use all the functions of the Website without restrictions when visiting it. When accessing the Website, the visitor/user/customer must give their consent for the placement and use of cookies on their equipment, by checking a box for each category of cookies, having the option to select the cookie module with which they agree. Strictly necessary cookies are essential for the proper functioning of the Website, being set on the visitor's device when accessing the Website, the visitor/user/customer having the option to reject the use of such cookies.
14.6 The Website can be used without accepting cookies, within certain limits. In case the visitor/user wishes to deactivate the strictly necessary cookies, some functionalities of the website will be stopped, and this may generate certain malfunctions or errors in the use of the Website.
14.7 Detailed information on how to manage, disable and delete cookies can be found in the settings of the browser used for browsing. The internet browser allows you to change cookie settings.
15. Comments and reviews
15.1 The Website allows users/customers/buyers to leave comments/reviews/ask questions about the Products offered, which shall be published after prior approval. There is no obligation to publish the comments and we reserve the right, not to publish the comments/reviews that are inappropriate, for instance containing illegal, obscene, defamatory or threatening content).
15.2 When submitting a comment/review, You shall ensure that these are relevant to the Product and do not use offensive or discriminatory language.
15.3 We are not liable for any damage caused by the comments/reviews/questions published. The liability remains with the person publishing them.
15.4 By publishing comments/reviews, You agree to transfer to Us free of charge, unlimited and irrevocable right to use, reproduce, modify in any form, retransmit and distribute to anyone and by any means the content of the comments/reviews without assuming responsibility for the comments/reviews.
15.5. We reserve the right to suspend the ability to publish comments/reviews if the above publishing rules are being breached.
16. Newsletter
16.1 We can send commercial notifications by e-mail through free newsletters (such as our current offers, greeting cards, gift vouchers or any other messages).
16.2 In order to receive offers or messages in newsletters, You need to subscribe, which implies acceptance of Our Terms and Conditions.
16.3 By subscribing to the newsletter, You give Your express consent to receive commercial notifications from Us.
16.4 You can unsubscribe from the newsletter at any time, following the instructions indicated in the footer of each email.
16.5 We do not send SPAM. All messages and offers sent You via the newsletter are sent in consideration of Your express request. You can always unsubscribe from our communication.
16.6 If you forward the newsletter to other persons, You are presumed to have informed them of the provisions stipulated by the Terms and Conditions, and that the person has understood and accepted them. Forwarding is allowed provided that the structure and content of the newsletter are not changed.
16.7 We are not responsible for the actions taken by visitors/customers. The use of the newsletter is made on the same conditions as the website is used.
16.8 We own all rights in the content of the newsletter.
16.9 We may restrict access to the newsletter, without the need for prior notice, to anyone who does not comply with the provisions of the Terms and Conditions or who is suspected of not complying with these provisions.
17. Notifications
17.1 Notifications exchanged between Us and You shall be considered sent if they are sent by e-mail (e-mail) to their addresses. The notifications to Us shall be sent to office@fitfoodway.co.uk. Notifications sent by Us shall be transmitted to the e-mail addresses communicated by You when filling in the registration forms on the Website.
17.3. We shall strive to respond within 5 working days.
18. Miscellaneous
18.1 Our Website may contain links to other websites, which may be accessed at Your risk. We are not responsible for errors that may occur on these websites. We are not liable for the nature, content and any other aspect related to the websites accessed through the links on Our websites.
18.2 We shall not be liable or responsible for any failure to perform , or delay in performance of any obligations under the Contract due to a Force Majeure Event (such as war (or a threat of thereof), civil riots, terrorist attack, earthquake, epidemic, act of God, and the consequences of thereof).
18.3 We may assign to and/or subcontract a third party for services related to the fulfilment of the Order, subject to notifying You but without Your consent being necessary.
18.4. We reserve the right to block access to the Website and to close the account of any user who violates any provision of the Terms and Conditions or who is suspected of violating any provision of the Terms and Conditions.
18.5. We reserve the right to modify or interrupt, temporarily or permanently, partially or totally, the services provided through the Website, with or without prior notice.
18.6 The notifications or complaints related to the purchased Products, shall be sent to office@fitfoodway.co.uk. They shall be dealt with within 15 working days.
19. Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.