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Terms & Conditions

Terms and Conditions INTRODUCTION Thank you for visiting this website Fresh List Please read the terms and conditions before accessing this website. We operate this site for promoting and selling the products and services supplied by us. By using this site, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify the conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site. 1. REVISIONS We reserve the right to revise these Terms and Conditions from time to time as explained further. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Fresh List. 2. REGISTRATION To order from Fresh List, you must register with us. This is referred to as ‘set up an account’ throughout our website and literature. However, this is not a credit account; payment will be required upon delivery of goods. This account can be set up by following the instructions on the website. To register with Fresh List you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our website. The personal details you give to us are governed by a strict privacy policy Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference. 3. PASSWORD AND SECURITY When you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through my account section of the website. If Fresh List team has reason to believe that there is likely to be a breach of security or misuse of the Fresh List website, we may require you to change your password or we may suspend or cancel your account. 4. PAYMENT You must ensure that Fresh List are provided with accurate personal information, contact nos. and delivery address. You must update us with any change to these details within the deadlines specified on the website. As of now, Fresh List accepts cash on delivery. 5. PRODUCT PURCHASES You must be over the age of eighteen to purchase products from Fresh List. If you have ordered any product from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order. You may submit orders for products by using our online ordering facility on the website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. Each product for which you click ‘Add’ is added to ‘My cart’ facility. You are given the opportunity to review the quantity and frequency of order in your Dashboard when you choose to ‘check out’. You can change these, or cancel the purchase of each of the products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. You can view your order details by clicking on ‘my dashboard’ whenever you are logged in. Your submission of an order amounts to an offer to enter a contract to buy the products from us; subject to point 5.3, you cannot then withdraw or cancel your order except as stated below. Order is accepted from you until our website displays an order confirmation message. This message is displayed after you click ‘place order’ located at bottom of the page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of products to you arises on our acceptance of your order. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it or if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products. Subject to clauses 5.8 and 5.9. Below, the price that we charge you for the products will be the price stated by us on the website prior to you clicking the ‘place order’ button. All products offered by us are subject to seasonal changes in supply levels and market prices. If you are a ‘subscription’ customer (e.g. where you choose to have repeat orders of products) the prices for certain products may therefore differ from the price for those products when first ordered by you. The prices for all products ordered on a subscription basis shall be those prices for the products stated on our website. We recommend that you check the website regularly. The website still allows you to review all the products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the website. Some of our products are priced by weight (for example, watermelon, and papaya). We show the prices for weights on the website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of product delivered. Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and obtain some of the products especially to fulfill your order and may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be return to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below in so far as the order is for non-perishable products. We sell only to end users and our products are not for re-sale. You warrant that you shall not re-sell any of the products. All prices for products are inclusive of any applicable taxes. 6. DELIVERY OF PRODUCTS AND INSPECTION BY YOU We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or from security guards or damaged while there, we do not accept liability and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website. We endeavor to keep your delivery time the same you mentioned while placing your order, but we reserve the right to change it temporarily or permanently and will tell you if we do so. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike / ‘band’ actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for products unless or until we have delivered them to you. We will not charge you for incorrect products (products that you have not ordered and substitutes for those products which substitutes are not acceptable to you) or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered subject as provided in points 10 below. You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products. Otherwise our liability is limited as provided in points 10.