These Terms & Conditions govern your use of the 5aday website (www.5aday.co.uk), your relationship with 5aday and all orders you may make via thewebsite. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms & Conditions, please do not order from 5aday or use the 5aday website. The5aday website is provided to you free of charge for your personal use, subject to these Terms & Conditions. By using 5aday's website and services you agree to be bound by these Terms & Conditions.
The5adaywebsite is owned and operated by5aday.co.uk Limited, a company registered in England whose registered office is at 43-45 High Street, Weybridge, Surrey, KT13 8BB and the company registration number is 6271558. If you have any queries please contact us.
To register with 5aday you must be over 18 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 immediately of any changes to the information that you provided when registering by updating your personal details.
The personal and payment details you give to us are governed by a strict privacy policy – please seeour separateprivacy policy.
You must ensure that 5aday are provided with details of a valid credit or debit card bearing either the MasterCard, Visa, Delta, American Express or Switch symbol. You must update us with any change to these details immediately.
Your credit card and payment details will be held on our systems; we do our best to ensure the security of these details but this cannot be guaranteed. Your card will automatically be charged for the goods which you have ordered, two days before we deliver them to you.
Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below.
No order is accepted from you until we confirm this by writing to you or by delivering the products. 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 will inform you of this and we will remove it 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.
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 three days prior to your delivery day.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 credited to you.
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 recredit to your card.
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.
We endeavour to keep your delivery day the same, 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 actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss this causes. We will not, of course, charge for goods unless or until we have delivered them to you.
It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the 5aday website.
All content and programming of the 5aday website is the property of 5aday.co.uk Ltd. You may retrieve and display the content of the 5aday website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the 5aday website without written permission from5aday.co.uk Ltd.
No licence is granted to you in these Terms & Conditions to use any trade mark of5aday.co.uk Ltdor its affiliates.
Although 5aday 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.
Your access to the 5aday 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 or telephone.
The5aday website is provided by 5aday.co.uk Ltd "as is" without any warranties or guarantees save those set out in these Terms & Conditions.
Whilst5aday.co.uk Ltd tries to ensure that material included on the 5aday website is correct, reputable and of high quality, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, 5aday will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the 5aday Website. If 5aday is informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can.
We disclaim all liabilities in connection with the following:
(a) technical problems including errors or interruptions of the 5aday Website but we will use reasonable endeavours to correct or avoid them
(b) incompatibility of the 5aday Website with any of your equipment, software or telecommunications links
(c) unsuitability, unreliability or inaccuracy of the 5aday Website but we will take reasonable care to ensure information there is accurate
(d) inadequacy of the 5aday website to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for:
(a) any consequential or incidental or indirect damages;
(b) loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
(c) any other loss or damages, whatsoever that arise out of or are related to the 5aday website.
We shall collect, process, store, and transfer your personal data in compliance with the relevant EU and UK data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
Nothing in this section seeks to limit or exclude 5aday.co.uk Ltd's liability in respect of products sold through its website.
Nothing in these Terms & Conditions shall limit or exclude 5aday.co.uk Ltd's liability for personal injury or death caused by its negligence.
As a convenience to5aday customers, the 5aday website may include links to other websites or material which are beyond its control.5aday.co.uk Ltd is notresponsible for content on any website outside the 5aday's Website, even if it is reached via the 5aday website.
5aday makes no promise that materials on the 5aday Website are appropriate or available for use in locations outside the United Kingdom, and accessing the 5aday Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
These Terms & Conditions shall be governed by and construed in accordance with the laws of England.
The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Condition.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions.
If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.
We shall not be liable for any delay in or failure to perform any of our obligations if the delay or failure is caused by circumstances beyond our reasonable control including, without limit, difficulties or failures of our suppliers.
A person who is not a party to these Terms & Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
We may update these Terms & Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the 5aday website. The changes will apply to the use of the 5aday Website after we have given notice. If you do not wish to accept the new Terms & Conditions, you should not continue to order from5aday or use the 5aday website. If you continue to use the 5aday website after the date on which the change comes into effect, your use of the 5aday website indicates your agreement to be bound by the new Terms & Conditions.
5aday.co.uk 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 & Conditions.
You can cancel yourweekly order with us at any time by informing us in writing within 5 working days. If you do so, you must stop using5aday's services, including this website.
The suspension or cancellation of your registration shall not affect either party's rights or liabilities accrued to the date of termination or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
TERMS OF SALE
By clicking on the order form purchase confirmation button on the payment details page, you will be submitting an order which will incorporate all these terms.
You will be submitting an order for thequantities offruit boxes you indicate in the order form when you click on the purchase confirmation button on the order confirmation page.
We reserve the right not to accept your order, in which case we will not have any further obligation to you.We may accept the whole or part of your order, both in respect of the kinds of products ordered and the quantity of products ordered. The price will be reduced accordingly.
We will notify you by email when your order is submitted to us. We will debit your account with the appropriate amount in full on two days before delivery day.
Our obligation is to deliver the products at the delivery address you have specified in your order to a person who appears to be authorised to take delivery.Delivery is not available on public holidays. We may deliver the products at any time during the day.
We will not have any responsibility or liability for the non-delivery of any products unless either a) all of the products charged for are not delivered, or b) you give us full details of the shortages within1 day of the part delivery.
Our total liability to you for the non-delivery of any products is limited to delivering the products to you within1 day of your telling us about the non-delivery or, at our option, crediting your account with the value of the products not delivered. We reserve the right to substitute a product of equal or higher value in the event of supply difficulties.
We will not have any responsibility or liability in connection with any defects in the quality of the products unless you give us full details of the defects within1 day of when the defect ought to have been apparent to you.
5aday accepts no liability arising from errors (including typographical errors) contained in, or any omissions from, this website.July 2007.
You must tell us about any problems by email at info@5aday.co.uk or by calling 01932 836727.
5aday does not accept any responsibility for late or non-delivery of goods arising from incorrect delivery information being provided.
5aday.co.uk Limited, 32 - 34 Baker Street, Weybridge, Surrey, KT13 8AT
Telephone: 01932 836727
Email:info@5aday.co.uk
