Food for the Wood Terms & Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Thank you for visiting our website . Please read these User Conditions before using this site which is operated by Food for the wood, registered at 12 Thornbury Gardens, Borehamwood, WD6 1RB ("we", "us" or "our").
We operate this site for the purpose of 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. No Reliance
Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
2. No Warranty
This site and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.
3. Limitation of Liability
You acknowledge that your use of this site and its content is at your own risk. We shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise.
Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
4. Local Laws and Regulations
Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
5. Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and
the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer's rights relating to delivery and any right to cancel.
6. Privacy statement
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we process that personal data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
7. Governing law and jurisdiction
These conditions are governed by the laws of England
Terms & conditions
These Terms and Conditions govern your relationship with Food for the Wood Limited (a company registered in England and whose registered office is at 12 Thornbury Gardens, Borehamwood, WD6 1RB.
("Food for the Wood", "we", "our" or "us") and all orders that you may make for the food, drinks and Products advertised for sale by us (the "Products") via the Food for the Wood Website, (the "Website").
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
If you do not agree to these Terms and Conditions, please do not order from Food for the Wood.
We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below.
Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from Food for the Wood.
These Terms and Conditions were last updated on 13/04/2020.
2. Registration, Password and security
2.1. To order from Food for the Wood, you must register with us. This is referred to as ‘sign up' 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.
2.2. To register with Food for the Wood you must be over eighteen years of age.
2.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
2.4. 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.
2.6. Following your set up of an account, we will email confirmation of your account set up to you.
2.7. 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 the My account section of the Website.
2.8. If Food for the Wood has reason to believe that there is likely to be a breach of security or misuse of the Food for the Wood Website, we may require you to change your password or we may suspend or cancel your account.
3. Price and Payment
3.1 The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the order or such other price as we may agree in writing.
3.2. Payment must be done at the time of the order either by online payment or by bank transfer which must done within an hour of submitting your order
3.3 Alternative payment methods such as BACS may be accepted for customers and can be arranged by emailing us via the contact details on the Website.
3.4 Redacted payment information is stored within our systems for administrative purposes; we do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any Food for the Wood staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders.
3.5 Your card will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will submit our request for payment to your bank within 72 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.
3.6 We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
3.7 If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders. You must contact us to arrange payment and wait for that payment to go through before you can order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.
3.8 If you have paid for an order without booking a delivery slot, we reserve the right to cancel your order, the cancellation fee will be 2% of your transaction made. We may give you am option for a future delivery slot, which you will have to pay for.
4. Product purchases
4.1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
4.2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting
the Order. It is your responsibility to check that you have used the ordering process correctly.
4.3 Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity of each item in your shopping basket when you choose to view your basket details by clicking or tapping the basket icon, or clicking 'go to checkout'. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'Checkout'. After you have clicked 'Checkout' and after our acceptance of your order, items are added to your order.
4.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. Subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
4.5. No order is accepted from you until you receive an order confirmation email from us. This email is sent after payment is accepted. A contract for our sale of Products to you arises on our acceptance of your order.
4.6. 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.
4.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices.
4.9. The weight is a guide and may vary by 10% either way, we will do our best to be accurate
4.10. 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 fulfil 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 recredited to you
4.11. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re credit to your card.
4.12. 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.
4.13 All prices for Products are inclusive of any applicable VAT.
5. Delivery of Products and inspection by you
5.1. We deliver to vulnerable people and/or people in Isolation in Borehamwood, Radlett and Shenley.
5.2. We will make delivery to your address as stated when you place the order. 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 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.
5.3 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
5.4. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike 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.
5.5. 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 paragraph 10 below.
5.6. The Goods will become your responsibility from the completion of delivery or Customer collection. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by emailing us or writing to us at the address shown on our Website. we reserve the right to refund or replace the defective Products. We will process this within 2 working days. Otherwise our liability is limited as provided in paragraph 13.
5.7 I understand that I need to give my fruit & veg a good wash before eating.
5.8 Delivery to Richmond and surrounding areas will be subject to a minimum order of £40 and on condition that there are at least 4 orders from the area on the chosen date. If these conditions are not met we will notify you 48 hours in advance. We will offer a refund of the order or the option to collect the order. Refunds will be made within 7 working days
6. Excluded services
6.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
7. Availability of the Website
7.1. Although Food for the Wood aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
7.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (firstname.lastname@example.org) or telephone (07392340114).
8. Cancellation rights
8.1. Food for the Wood may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
8.2. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
8.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
9. Warranties and Food for the Wood's liabilities
9.1. Whilst Food for the Wood tries to ensure that material included on the Website is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Food for the Wood may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
9.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 56. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
9.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.
9.4 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because
the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
9.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
9.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
9.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
10. Your statutory rights
10.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
10.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
11. Applicable law
11.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
11.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.
11.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Food for the Wood Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Food for the Wood or use the Food for the Wood Website. If you continue to use the Food for the Wood Website after the date on which the change comes into effect, your use of the Food for the Wood Website indicates your agreement to be bound by the new Terms and Conditions.
Food for the Wood handles celery, celeriac and nuts, gluten, eggs, soy, sulphites and milk.
15. Third party suppliers
15.1 When ordering third party supplier products you consent to giving them your contact information so she can contact you regarding the following:
15.2 The legal contract for the supply and purchase of Products is between you and the third party you place your Order with. We have no control over the actions or omissions of any third parties. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website.
15.3 We do not give any undertaking that the Products ordered from any third party through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
15.4 Any issues with the third party product you will need to contact the third party directly.