1. ABOUT US
1.1 We are FRESH FITNESS FOOD LIMITED (FFF), a Limited Company registered in England and Wales under company number 07666620, FFF’s registered office is at Aston House, Cornwall Avenue, London N3 1LF.
1.2 FFF operate the Site www.freshfitnessfood.com.
1.3 FFF’s VAT registration number is 126995964.
2. SERVICE AVAILABILITY
2.1 FFF Services are only intended for people residing in England, within the M25 (the Serviced Area). FFF 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 yyou are at least 18 years old; and
– 3.1.3 yyou are resident and/or require delivery to the Serviced Area.
4.1 FFF strongly recommend that you seek medical advice before starting any nutritional program.
The information provided by FFF 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 FFF publications, including social media bulletins. This includes any advice FFF provide to you by email, over the telephone or in person.
4.2 You should not use FFF if you are severally underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. FFF is not liable for any illness or medical reaction caused by contact with or consumption of FFF Food. FFF may not be able to accommodate clients with specialist dietary needs or conditions and, in particular, FFF 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, FFF ask that you refrain from eating FFF Food.
Results from the purchase of FFF 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 automatically generated by the Site. 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 FFF 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 FFF 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 FFF have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and FFF 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 FFF have debited your payment card and confirmed receipt of your order by email. Any products which FFF have not confirmed in the email will not form part of the Contract and any suitable arrangements for a refund will be made at FFF’s discretion.
7.3 FFF 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 FFF 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 FFF 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. FFF 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 FFF be requested to be returned by your bank, FFF reserve the right to charge you a fee for the returned payment.
7.8 When you pay for your order by card, FFF 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.
7.9 FFF may in its sole discretion allow you to use a discount code to reduce the price of your order. FFF reserves the right to withdraw any and all discount codes at it’s sole discretion.
7.10 You are not allowed to place an order using your own discount code.
7.11 FFF will not allow a discount code to be used by you when placing an order if the discount code is associated with another account that you have set up in accordance with Clause 6.
7.12 Where Clauses 7.10 or 7.11 have been breached by you, we reserve the right to either:
- 7.12.1 cancel your order in accordance with Clause 8; or
- 7.12.2 accept your order but remove any commission applied to the account associated with the discount code used.
7B.1 FFF operates an Affiliate Referral Scheme (“Referral Scheme”), pursuant to which you can earn credit for referring clients to our service.
7B.2 In order to earn credit, an order must be placed using one of your unique discount codes. These discount codes are automatically generated by our system when you either:
7B.2.1 sign up as an affiliate through our website; or
7B.2.2 place an order in accordance with 7 above.
7B.3 Where an order is placed and your name, contact details or other identifying information is mentioned, FFF may in its sole discretion manually add credit to your account. For the avoidance of doubt, where another discount code is used by a client that you feel you have referred to us, we are unable to credit your account.
7B.4 Our system will automatically apply credit to your account when an order is placed using one of your unique discount codes. 10% of the value of that order (after any discount and excluding any amount paid for delivery or a Bag Deposit) will be applied to your account.
7B.5 Where an order is placed using one of your unique discount codes and the person placing this order elects to pay weekly, your account will be credited each time a weekly payment is made and 10% of the value of each weekly order (after any discount) will be applied to your FFF account.
7B.6 The credit applied to your account can either be:
7B.6.1 used to reduce the cost of a food order; or
7B.6.1 converted to a cash payment.
7B.7 Where your FFF credit is used to reduce the cost of a food order, the following will apply:
7B.7.1 you will be unable to request a refund based on the price paid for the order before discount or before your credit is applied;
7B.7.2 it will be assumed that any cash (rather than credit) used to pay for the order will be applied to the earliest days of food delivered until exhausted; and
7B.7.3 in no circumstances can you request a refund in relation to any order or part thereof paid for using credit.
7B.8 The following will apply where you choose to convert your FFF credit to cash:
7B.8.1 the amount of cash payable will be 50% of the FFF credit amount;
7B.8.2 where you wish to convert your FFF credit to cash, you must send a request by email (“Cash Out Request”);
7B.8.3 your Cash Out Request should include your name, address and bank details (account number and sort code);
7B.8.4 following receipt of your Cash Out Request, we will carry out a review of your account and the Cash Out Request and inform you of whether we are willing to convert your FFF credit to cash; and
7B.8.5 where we receive your Cash Out Request by the 15th of the month and, subject to Clause 7B.7.4, we will generate an invoice on your behalf and transfer the relevant cash amount to the bank account designated in your Cash Out Request.
7B.9 Where an order is placed using one of your discount codes but that order is cancelled, for whatever reason, FFF may in its sole discretion choose to remove any credit applied to your FFF account.
7B.10 For the avoidance of doubt, your FFF credit remains the property of FFF at all times. Specifically, your FFF credit is not a debt owed to you and you have no legal right or claim in relation to the same. Similarly, a Cash Out Request cannot be legally enforced by you and FFF will decide, in its sole discretion, whether to convert your FFF credit to cash pursuant to Clauses 7B.7.
7B.11 FFF reserves the right and retains the absolute discretion to remove your FFF credit from your account. We can do this with immediate effect and without notifying you.
7B.12 Your FFF credit will automatically expire after a period of 3 months. FFF will make every effort (but is under no obligation) to send you a monthly reminder indicating the amount of credit you have on your account. We are under no obligation to send you reminders that your credit will be expiring. To this end, we kindly ask that you regularly check your FFF account.
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 firstname.lastname@example.org. FFF require three (3) full working days’ notice in order to cancel your Delivery in all instances (save for except for the five (5) day trial package which cannot be cancelled).
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 FFF’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, FFF 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 FFF 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.
You MUST inform FFF within 24 hours of receipt of your food and, in any case, no later than the day after our records show it as having been delivered to you.FFF MAY provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at FFF’s sole discretion.
8.9 FFF reserves the right to cancel your order with immediate effect and arrange a full refund of outstanding amounts. FFF can exercise this right at any time and for whatever reason in its sole discretion.
9. AVAILABILITY AND DELIVERY
9.1 FFF uses a third party courier company to deliver the Food (Delivery Company). Where these Terms refer to FFF arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by Delivery Company.
9.2 FFF 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.
9.3 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.
9.4 Unless otherwise indicated during the order process, all deliveries shall be made between 00:00 – 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:
– 9.4.1 this will be regarded as a successful delivery; and
– 9.4.2 you will be required to pay an additional Bag Deposit.
9.5 It is possible to have your food delivered between 06:00 – 10:00 where your delivery address is within a number of central London postcodes. You will be able to select this time slot during the order process and there will be a £2.50 daily delivery charge. The provisions relating to responsibility for the bag, deemed delivery (9.4.1) and the requirement to pay an additional Bag Deposit (9.4.2) will apply to all deliveries made between 06:00 – 10:00.
9.6 FFF are not able to deliver your Food at a specific time. In any circumstance where FFF indicate that FFF 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.
9.7 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.
9.8 The courier 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.
9.9 If, having taken all reasonable steps, FFF are unable to deliver your Food FFF will attempt to contact you. FFF will only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If FFF are unable to deliver in such circumstances, FFF 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’: Fresh Fitness Food – Dephna Building, 1-3 Britannia way, NW10 7PR. FFF advise for security, that Keys be sent via recorded delivery or some other means of tracked delivery.
10.3 A designated member of the FFF team will make a record of receipt of your Key and ensure that it is securely stored. FFF will contact you by email to confirm that your Keys have been received.
10.4 The Key will then be handed over to Delivery Company at the earliest opportunity.
10.5 All Keys are stored securely by Delivery Company and FFF in accordance with FFF’s Key Management Policy. Neither FFF nor Delivery Company accept liability for the appropriation and any subsequent loss arising from the appropriation of Keys or damage to Keys that have been stored in accordance with FFF’s Key Management Policy.
10.6 If the Key you have provided no longer works, it is your responsibility to send us a replacement Key via secure means of delivery.
10.7 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, FFF 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 FFF’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 FFF have received full payment of all sums due in respect of the Food.
11.3 Neither FFF nor Delivery Company 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 FFF can discuss alternative delivery arrangements. Until such alternative arrangements are made, FFF reserve the right to suspend your order until suitable new arrangements have been made.
11.5 FFF 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 FFF require a £25 deposit (Bag Deposit) for the cooler bag (Bag) and ice pack (Ice Pack) (together, the delivery Pack) that are used to deliver your Food. The delivery Pack remains the property of FFF 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 FFF can arrange for their collection. Should you fail to return the delivery Pack, FFF 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 £20 for each Bag and £5 for each Ice Pack.
12.4 Where a Bag or an Ice Pack is lost, stolen or (in FFF’s reasonably opinion) damaged beyond use, you shall be liable to pay an additional £25 Bag Deposit or, as appropriate, an additional £5 or £20 deposit in relation to a Bag or Ice Pack (the Replacement Bag Deposit).
12.5 Should you request delivery of more than one day’s worth of food in one delivery, the delivery Packs for that delivery shall be collected on your next delivery.
12.6 Should your subscription be paused, the delivery Pack for your previous order shall be collected when your deliveries resume.
12.7 FFF reserve the right to charge any card or credit card held on FFF system for the relevant amount referred to in this clause.
13.1 The price of the Food and FFF 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 FFF reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond FFF’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).
14.1 FFF warrant that any Food purchased from us through FFF’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.
15.1 1Subject to clause 15.2, if FFF fail to comply with these Terms, FFF 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 FFF will not accept liability for any loss or damage that is not foreseeable.
15.3 Nothing in this agreement excludes or limits FFF’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 FFF attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that FFF 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 FFF’s facility prepares foods and uses ingredients in FFF products that contain nuts or nut oil.
15.5 FFF 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 FFF cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, FFF 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 FFF’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.
16.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at email@example.com.
17.1 All notices given by you to us must be sent to us at firstname.lastname@example.org.
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 FFF may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of FFF’s rights or obligations arising under it, at any time during the term of the Contract.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 FFF are the owner or the licensee of all intellectual property rights in the Site (including the FFF 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 FFF’S CONTROL
20.1 FFF will not be liable or responsible for any failure to perform, or delay in performance of, any of FFF’s obligations under a Contract that is caused by events outside FFF’s reasonable control (Force Majeure Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond FFF’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 FFF’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and FFF will have an extension of time for performance for the duration of that period. FFF will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which FFF obligations under the Contract may be performed despite the Force Majeure Event.
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.
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.
Notwithstanding the ongoing relationship between FFF and Delivery Company, the two companies do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.
25. ENTIRE AGREEMENT
25.1 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.
25.2 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.
FFF have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting FFF’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in FFF’s system’s capabilities.
27. LAW AND JURISDICTION
This Agreement, any noncontractual 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.