1. THE CONTRACT BETWEEN US
1.1 Your order via this website constitutes an offer which can then be accepted by FRESH MARKETING (FSM LLP) as www.iamsuperfood.com.
1.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.3 FRESH MARKETING (FSM LLP) will endeavour to process your order within 2 working days. Delivery times are between 3 and 5 working days (or up to 10 Days outside of the UK). FRESH MARKETING (FSM LLP) will work to ensure that these times are met, however, occasionally if we need to replenish stock this can be up to 10 days. Any issues please call +44 1349865505.
1.4 Please make a note of the items ordered and date of order in case of query.
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You may be required to pay extra for delivery outside of the UK and it might not be possible for us to deliver to some locations. For all orders outside the UK please contact us directly on [email protected] or call us on +44 1349 865505.
2.3 Please ensure that your payment is in Pounds Stirling and is for the correct amount, if not your application will be rejected.
2.4 Payment can only be made by the following credit/debit cards Visa, Visa Delta, Visa Electron, Mastercard, Switch, Maestro and Solo. We don’t accept American Express.
2.5 FRESH MARKETING (FSM LLP) is not responsible for any import duty or customs charges for overseas deliveries.
3. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. CANCELLATION BY US
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typo-graphical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. DELIVERY OF GOODS TO YOU
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within
30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at: IAM SUPER FOOD, FRESH MARKETING (FSM LLP), Brahan, Dingwall, Rosshire, IV7 8EE UK
8. EVENTS BEYOND OUR CONTROL
8.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. THIRD PARTY RIGHTS
11.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. GOVERNING LAW
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13. ENTIRE AGREEMENT
14.1 We are committed to protecting your personal privacy and, in accordance with UK Data Protection law, and we uphold strict security procedures for the storage of your personal information.
14.2 When you place an order we collect your name, e-mail address, mailing address, phone number and credit card information. We may record which products you are interested in and which products you purchase.
14.3 We also monitor customer traffic patterns which enable us to improve the service we provide.
14.4 This information is used to process orders and to provide a more personal shopping experience. We will not use your personal information for any other purpose except to notify you of our special offers if you have selected this option in ‘my account’
15. INFORMATION WE COLLECT
15.1 We only use the information you give us to process your order and provide a quick and convenient service to you in the future.
15.2 For us to process your order, we will need to know your name, e-mail address, delivery address, credit card number and expiry date. Access is given to all information collected.
17. SECURE INFORMATION
17.1 You will be redirected to www.paypal.co.uk to type in credit card information to the IAM SUPER FOOD web site. Paypal secure servers ensure all details are encrypted at your browser before they are sent over the Internet.
17.2 If you believe that our website has collected incorrect information or if you would like to dispute any information, please contact us using the form provided.
18.1 If you have a complaint or a suggestion to improve any aspect of our product range or service please contact us : –
By Email: [email protected] or [email protected]
By Phone: +44 (0) 1349 865505
Or by Post: IAM SUPER FOOD, FRESH MARKETING (FSM LLP), Brahan, Dingwall, Ross-shire IV78EE, UK