Terms and Conditions of Sellers
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Terms And Conditions Of Sale By Sellers
This page (together with the documents referred to on it) tells you the terms and conditions on which the sellers (Sellers) on our website FoodAdo.com (our site) sell any of the products (Products) listed to you.
FoodAdo Limited (“FoodAdo we us and our”) process orders on behalf of Sellers and we shall disclose your customer information relating to that order to the Seller. The resulting legal contract is between you and that Seller and is subject to these terms and conditions. We accept no liability for any breach of these terms and conditions of sale by any Seller.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
FoodAdo.com is a site operated by FoodAdo Limited. We are registered in England and Wales under company number 07051355 and with our registered office at 2nd Floor 145-157 St John Street London EC1V Our main trading address is 2nd Floor 145-157 St John Street London EC1V.
2. Service availability
Sellers will only accept orders for products for delivery to people resident in England (excluding the Isle of Man), Wales and Scotland (excluding the Highlands and Islands).
3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
4. How the contract is formed between you and the Seller
1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Seller to buy a Product. All orders are subject to acceptance by the Seller, and we will confirm such acceptance to you by sending to you an e-mail confirming the order (Order Confirmation) The contract between you and the Seller (Contract) will only be formed when we send you the Order Confirmation.
2. The Contract will relate only to the sale of those Products whose dispatch we have confirmed in the Order Confirmation. The Seller will not be obliged to supply any other Products which may have been part of your order until the sale of such Products has been confirmed in a separate Order Confirmation.
5. Our status
We cannot give any undertaking that products you purchase from Sellers through our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the Seller.
6. Consumer rights
1. Subject to clause 6.2 if you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with the refunds policy set out in clause 10 below.
2. The right to cancel set out in clause 6.1 does not apply to Contracts for goods made to the customers specification or perishable goods such as flowers and fresh food.
3. To cancel a Contract where permitted pursuant to clauses 6.1 and 6.2 , you must inform us by email. You must also return the Product(s) to the Seller immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, the Seller may have a right of action against you for compensation.
7. Availability and delivery
1. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
2. For delivery to work it is essential that the delivery address details are correct. In the event that an incorrect postal address is supplied the Seller cannot be held responsible for any delivery problems which may follow. Also there must be someone at the address able to receive the Product(s). The Seller cannot be responsible if a delivery is held up because there is no one at the address.
8. Risk and title
1. The Products will be at your risk from the time of delivery.
2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and payment
1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
4. Our site contains a large number of Products and it is always possible that, despite the Sellers best efforts, some of the Products listed on our site may be incorrectly priced. The Seller will normally verify prices as part of the Order Confirmation so that, where a Product's correct price is higher than the price stated on our site, the Seller will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
5. The Seller is not under any obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6. Payment for all Products must be by credit or debit card. We accept payment with Visa Credit, Mastercard Credit, Visa Debit and Maestro Debit. We will not charge your credit or debit card until we send you an Order Confirmation.
10. The Seller Refunds Policy
1. When you return a Product to the Seller:
(a) because you have cancelled the Contract between you and the Seller within the seven-day cooling-off period (see clause 6.1 above), on behalf of the Seller we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product ordered in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to the Seller.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of the policies, or because you claim that the Product is defective), the Seller will examine the returned Product and the Seller will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day the Seller confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to the Seller.
2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. The Seller’s Liability
1. Each Seller warrants to you that any Product purchased from that Seller through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
2. The Seller’s liability for losses you suffer as a result of the Seller breaking this agreement is strictly limited to the purchase price of the Product you purchased.
3. This does not include or limit in any way the Seller’s liability:
(a) For death or personal injury caused by its negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for the Seller to exclude, or attempt to exclude, its liability.
4. The Seller is not responsible for indirect losses which happen as a side effect of the main loss or damage provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2.
12. Written communications
Applicable laws require that some of the information or communications we and/or the Sellers send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We and/or the Sellers 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.
All notices given by you to us must be given to FoodAdo Limited by email to customerservice@FoodAdo.com
We shall give notice to you at the e-mail address you provide to us when placing an order or when registering on our Site. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
1. The contract between you and the Seller is binding on you and the Seller and on your respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Seller’s prior written consent.
15. Events outside our control
1. The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
3. The Seller’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. The Seller will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
1. If a Seller fails, 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 it fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by a Seller of any default shall not constitute a waiver of any subsequent default.
3. No waiver by a Seller of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
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.
18. Entire agreement
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between you and the Seller in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and the Seller, whether oral or in writing.
2. You and the Seller each acknowledge that, in entering into a Contract, neither of you has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and the Seller prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of you shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. The Seller’s right to vary these terms and conditions
1. We have the right to revise and amend these terms and conditions from time to time on behalf of the Sellers.
2. You will be subject to the policies and terms and conditions in force at the time that you order products from the Seller, 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 Order Confirmation (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).
20. Law and jurisdiction
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) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
These Terms and Conditions were last updated on 12th March 2010.