Nourish Fit Food

terms

TERMS & CONDITIONS

This page (together with the documents referred to on it) sets out the terms and conditions (Terms) on which Nourish Fit Food (referred to as NFF) will deliver to you; meals, snacks and beverages (together the Food) ordered from NFF’s Site www.nourishfitfood.co.uk (the Site) (together the Services). Please read these Terms carefully before subscribing to NFF Services. By ordering any of NFF’s Food by subscribing to one of NFF’s Services, you agree to be bound by these Terms.

You agree to be subject to the Terms in force from time to time. NFF will notify you by email of any significant changes to NFF’s Terms. Subscribing to NFF Services will be deemed as acceptance of these terms.

1. ABOUT US

1.1 We are NOURISH FIT FOOD LTD, a Limited Company registered in England and Wales under company number 10269817, NFF’s registered office is at 41 Hale Road, Altrincham, England, WA14 2EY.

1.2 NFF operate the Site www.nourishfitfood.co.uk.

2. SERVICE AVAILABILITY

2.1 NFF Services are only intended for people residing in England, within Greater Manchester and those in eligible postcodes. NFF do not accept orders from individuals outside the Serviced Area.

3. YOUR STATUS

3.1 By placing an order through the Site, you warrant that:

- 3.1.1 you are legally capable of entering into binding contracts;

- 3.1.2 you are at least 18 years old; and

- 3.1.3 you are resident and/or require delivery to the Serviced Area.

4. HEALTH

4.1 NFF strongly recommend that you seek medical advice before starting any nutritional program.

The information provided by NFF is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or other NFF publications, including social media bulletins. This includes any advice NFF provide to you by email, over the telephone or in person.

4.2 You should not use NFF if you are severally underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. NFF is not liable for any illness or medical reaction caused by contact with or consumption of NFF Food. NFF may not be able to accommodate clients with specialist dietary needs or conditions and, in particular, NFF are unable to deliver to those who have allergies that could result in illness, anaphylactic shock or those clients with diabetes who are insulin dependent.

4.3 If you have any type of food allergy, NFF ask that you refrain from eating NFF Food.

5. RESULTS

Results from the purchase of NFF Food are not guaranteed. For the best results Food should be combined with daily exercise.

5.2 Results will vary from person to person. Results (measured in terms of fat loss and lean muscle gain) may vary from person to person for several reasons including but not limited to environment, genetics, metabolic rate, and physical exertion.

6. YOUR ACCOUNT

6.1 You will be required to create an account on the Site before subscribing to the Services, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.

6.2 By creating an account on the Site you warrant:

- 6.2.1 that all the details you provide are true, accurate, current and complete in all respects;

- 6.2.2 to notify us immediately of any changes to your account information;

- 6.2.3 to only create one (1) account and to only use the Site using your own username and password;

- 6.2.4 not to disclose your password to anyone and to make every effort to keep your password safe;

- 6.2.5 to change your password immediately upon discovering that your account has been compromised; and

- 6.2.6 to notify us if you suspect someone has accessed your account without permission.

6.3 NFF reserve the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:

- 6.3.1 you breach these Terms;

- 6.3.2 you are impersonating any other person or entity;

- 6.3.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or

- 6.3.4 NFF suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to the Site.

7. ORDER PROCESS

7.1 After subscribing to the Services on the Site, you will receive an e-mail acknowledging that NFF have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and NFF will confirm such acceptance to you by sending you an e-mail confirmation.

7.2 The contract between us (Contract) will only be formed after NFF have debited your payment card and confirmed receipt of your order by email. Any products which NFF have not confirmed in the email will not form part of the Contract and any suitable arrangements for a refund will be made at NFF’s discretion.

7.3 NFF reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

7.4 The subscription plan for NFF Services consist of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation.

7.5 By subscribing to NFF you are agreeing to pay recurring periodic subscriptions for an indefinite or defined time until cancellation by you or us, on the subscription terms set out in the application form you have completed.

7.6 Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. NFF reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.

7.7 Should a payment to NFF be requested to be returned by your bank, NFF reserve the right to charge you a fee for the returned payment.

7.8 When you pay for your order by card, NFF carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.

8. CANCELLATION AND CONSUMER RIGHTS

8.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your subscription for the Services.

8.2 If you wish to cancel your subscription all requests must be sent by email to contact@nourishfitfood.co.uk. NFF require three (3) full working days’ notice in order to cancel your Delivery in all instances.

8.3 For all cancellations, the daily price of the package will be adjusted to reflect the number of days actually delivered, and there is a £50 administration charge (Admin Charge) to cover NFF’s internal administration costs and card processing fees.

8.4 If you notify us that you wish to cancel at least three full working days before your first delivery, NFF will cancel your order and refund a maximum of the full amount paid by you (less the Admin Charge).

8.5 Any refunds will be made within thirty (30) days from the date on which your subscription is cancelled.

8.6 You can re-subscribe at any time, but NFF reserve the right not to permit re-subscription.

8.7 Exemption - Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, delivery Bags containing freshly prepared meals, juices and ingredients are exempt from the right to withdraw.

8.8 If you are unhappy with your Food for a legitimate reason such as:

- 8.8.1 missing Food; or

- 8.8.2 failure of Food to arrive.

NFF MAY provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at FFF’s sole discretion.

9. AVAILABILITY AND DELIVERY

9.1 NFF is able to deliver your Food every morning from Monday - Friday. You are able to choose which days you want food to be delivered and may request to have more than one day of food delivered on any particular morning.

9.2 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.

9.3 Unless otherwise indicated during the order process, all deliveries shall be made between 23:00 – 06:00. Once the bag is delivered in accordance with your instructions, the bag and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a bag is delivered in accordance with your instructions and subsequently goes missing:

- 9.3.1 this will be regarded as a successful delivery; and

- 9.3.2 you will be required to pay an additional Bag Deposit.

9.4 NFF are not able to deliver your Food at a specific time. In any circumstance where NFF indicate that NFF will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms.

9.5 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.

9.6 The driver will take reasonable steps to deliver the Food to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.

9.7 If, having taken all reasonable steps, NFF are unable to deliver your Food NFF will attempt to contact you. NFF will only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If NFF are unable to deliver in such circumstances, NFF reserve the right to charge you for the food that you should have received that day in any event.

10. DELIVERY ACCESS

10.1 Should you require us to access a secure part of any building, or pass through a locked door or gate, in order to deliver your Food, you can provide us with a key or key fob (the Key(s)).

10.2 All Keys should be sent by post to the following address and marked for the attention of ‘The delivery Team’: Nourish Fit Food - 41 Hale Road, Altrincham, WA14 2EY. NFF advise for security, that Keys be sent via recorded delivery or some other means of tracked delivery.

10.3 A designated member of the NFF team will make a record of receipt of your Key and ensure that it is securely stored. NFF will contact you by email to confirm that your Keys have been received.

10.4 If the Key you have provided no longer works, it is your responsibility to send us a replacement Key via secure means of delivery.

10.5 Where your failure to provide us with the correct Key results in us not being able to deliver your Food in accordance with the instructions you have provided, NFF reserve the right (and you acknowledge that Delivery Company reserves the right) to not leave your Food in another location. Where your Food is not delivered in these circumstances, your Food will be returned to NFF’s kitchens and disposed of. This will be regarded as a successful delivery.

11. RISK AND TITLE

11.1 The Food will be at your risk from the time of delivery.

11.2 Ownership of the Food will pass to you upon delivery after NFF have received full payment of all sums due in respect of the Food.

11.3 Neither NFF nor Delivery Driver shall be deemed responsible for any theft of the Food from the delivery address.

11.4 If you suspect that your Food has been stolen from the delivery address please contact us immediately so NFF can discuss alternative delivery arrangements. Until such alternative arrangements are made, NFF reserve the right to suspend your order until suitable new arrangements have been made.

11.5 NFF expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.

12. OWNERSHIP OF THE TEMPERATURE CONTROLLED BAGS AND ICE PACKS

12.1 NFF require a £20 deposit (Bag Deposit) for the cooler bag (Bag) and ice pack (in Summer) (Ice Pack) (together, the delivery Pack) that are used to deliver your Food. The delivery Pack remains the property of NFF at all times.

12.2 It is your responsibility to leave the delivery Pack at the delivery address at the end of each day so NFF can arrange for their collection. Should you fail to return the delivery Pack, NFF reserve the right to pause your deliveries.

12.3 In the event that you damage or fail to return a Bag or Ice Pack, you shall be liable to pay us a sum of £15 for each Bag and £5 for each Ice Pack.

12.4 Where a Bag or an Ice Pack is lost, stolen or (in NFF’s reasonably opinion) damaged beyond use, you shall be liable to pay an additional £25 Bag Deposit or, as appropriate, an additional £5 or £15 deposit in relation to a Bag or Ice Pack (the Replacement Bag Deposit).

12.5 Should your subscription be paused, the delivery Pack for your previous order shall be collected when your deliveries resume.

12.6 NFF reserve the right to charge any card or credit card held on NFF system for the relevant amount referred to in this clause.

13. PRICE

13.1 The price of the Food and NFF delivery charges will be as quoted on the Site from time to time.

13.2 Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.

13.3 NFF reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond NFF’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).

14. WARRANTIES

14.1 NFF warrant that any Food purchased from us through NFF’s Site will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.

14.2 You warrant that any and all of the Food ordered by you is for your personal use only and not for resale unless agreed with us.

15. LIABILITY

15.1 Subject to clause 15.2, if NFF fail to comply with these Terms, NFF shall only be liable to you for the purchase price of the Food for the particular order in which the loss or damage occurred.

15.2 NFF will not accept liability for any loss or damage that is not foreseeable.

15.3 Nothing in this agreement excludes or limits NFF’s liability for:

- 15.3.1 death or personal injury resulting from negligence;

- 15.3.2 fraud or fraudulent misrepresentation;

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

- 15.3.4 Defective Food under the Consumer Protection Act 1987; or

- 15.3.5 for any other matter in respect of which liability cannot by applicable law be limited or excluded.

15.4 NFF attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that NFF have identified as possible allergen-containing ingredients. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that NFF’s facility prepares foods and uses ingredients in NFF products that contain nuts or nut oil.

15.5 NFF make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.

15.6 NFF cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, NFF will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.

15.7 You agree to fully indemnify, defend and hold us, and NFF’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.

15.8 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

16. COMPLAINTS

16.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at contact@nourishfitfood.co.uk.

17. NOTICES

17.1 All notices given by you to us must be sent to us at contact@nourishfitfood.co.uk.

17.2 Notices from us will be deemed received and properly served immediately when posted on the Site, or 24 hours after an email is sent to the specified email address of the addressee.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 NFF may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of NFF’s rights or obligations arising under it, at any time during the term of the Contract.

19. INTELLECTUAL PROPERTY RIGHTS

19.1 NFF are the owner or the licensee of all intellectual property rights in the Site (including the NFF logo), whether registered or unregistered, and in the material published on it.

19.2 Food sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.

20. EVENTS OUTSIDE NFF’S CONTROL

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

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

- 20.2.1 Strikes, lock-outs or other industrial action;

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

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

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

- 20.2.4 Impossibility of the use of public or private telecommunications networks; and/ or

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

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

21. PRIVACY

21.1 NFF shall be entitled to process your data in accordance with the terms of the NFF Privacy Policy. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

You can find full details of NFF’s Privacy Policy on the Site.

22. WAIVER

22.1 Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or at law or in equity (and/or the continued performance of this Agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this Agreement.

22.2 The rights and remedies provided by this Agreement are cumulative and (except as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided at law or in equity.

23. SEVERANCE

If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

24. ENTIRE AGREEMENT

24.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.

24.2 You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.

25. VARIATION

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

26. LAW AND JURISDICTION

This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.