Acceptance of our terms
Welcome to Freshandeasyfood.co.uk Terms and Conditions for use. This legal notice applies to the contents of the website under the domain name http://freshandeasyfood.co.uk/ ("Website").
Please read this agreement carefully. These represent the Terms and conditions for using this service. If you do not agree to these, you may not use this Website.
You are permitted to use our Website solely on the basis of these Terms and Conditions. We reserve the right, at our discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes.
1. Use of the website
1.1 Subject to these Terms and Conditions you are authorised to view and download our Website for your personal use only. Fresh & Easy Food may change, suspend or discontinue the Website at any time, including the availability of any feature, database, or content. Fresh & Easy Food may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability.
1.2 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service.
1.3 Any Fresh & Easy Food Retail Site may contain additional terms (for example conduct guidelines) that further govern the use of that Fresh & Easy Food Website, including without limitation particular features or offers (for example competitions). If any Terms and Conditions contained in this agreement conflict with any Terms and Conditions contained within a Fresh & Easy Food Retail Site, then the Terms and Conditions in this agreement shall prevail.
2. Grocery registration and contract
2.1 'Fresh & Easy Food' means Fresh & Easy Food Ltd. You are the customer. You agree to purchase services and goods from Fresh & Easy Food subject to these Terms and Conditions which will apply to all transactions using our service.
2.2 You must be 18 years or over and must complete the registration procedure to participate in our service.
2.3 By registering for this service you agree 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. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
2.4 Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with our service, you accept that your email address may be used to supply you with such information.
2.5 Customers using our service accept the need to have their credit or debit card details registered with Fresh & Easy Food prior to ordering. These details are held in an encrypted form on the Worldpay Group Plc database and will only be used for payment on account and/or payment of goods and services received by you using our service.
2.6 It is your responsibility to keep your password secure. We reserve the right to modify or withdraw a password at our discretion.
2.7 We reserve the right to:
Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion.
At our absolute discretion to terminate your access to all or part of this service with or without notice.
2.8 As the contract between you and Fresh & Easy Food is not concluded until such time as you accept goods at the time of collection, you are entitled to refuse some of or all of the goods before signing for them. You or someone aged 18 or over authorised by you must be available to inspect the goods at the time of collection.
2.9 We will not be responsible for any loss or damage caused to the goods after the contract has been concluded. Otherwise, our liability to you shall be limited in contract and/or tort to the value of the order only, unless we have been negligent and that negligence has caused death or personal injury.
3. Grocery pricing and payment
3.1 When purchasing goods you agree to purchase the recipe. The constituent ingredients of the recipe may change between your order and collection. This will not affect the price you are charged.
3.2 The prices shown on this Website at the time of ordering are the prices you will be charged for goods, including any promotional offers if applicable.
3.3 The weight of some goods may vary marginally from that ordered in line with recipe changes, this will not affect the price you are charged.
3.4 Where applicable, prices include Value Added Tax. The prices on the website reflect the current rate of VAT and the rate you will be charged. Business customers may obtain a VAT receipt by contacting our Customer Care Team by email.
3.5 You will be charged once your order has processed through the online checkout. Methods of payment are described in the checkout area of the Website.
4. Supply of grocery goods ordered and alternate goods
4.1 Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. We reserve the right to refuse orders including those that we consider are for commercial or non-domestic purposes, or subject to onward collection by a 3rd party. Where products are used for non-domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
4.2 Transactions involving alcohol may only be made during normal licensing hours. In Scotland this means that orders containing alcohol cannot be collected before 10am.
4.3 Food goods are supplied at the temperature appropriate to that food.
4.4 Goods are subject to availability and prevailing market conditions, If any goods you wish to purchase are not available, Fresh & Easy Food will try to offer you 'alternative goods' similar to the goods you have requested, the price you are charged will not change.
4.5 We will tell you which items have been substituted and with what. You do not have to accept the alternative goods offered by Fresh & Easy Food. Acceptance or rejection of any alternative goods does not occur until you have the opportunity to inspect them at the time of collection. Where alternative products are accepted, customers should check product packaging for the most up to date nutritional information and allergen warnings, as these may differ from the products originally ordered.
4.6 Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.
5. Ordering of multiple or bulky grocery items
5.1 Orders for more than 12 units of a single product line may be fulfilled subject to availability and at the discretion of Fresh & Easy Food. Other limits may apply to alcohol or other products. To ensure we have the greatest opportunity of fulfilling larger orders, please order at least 7 in advance.
5.2 Quantities of goods supplied per order may be limited if the order limits availability for other customers or creates a potential health and safety issue for our drivers.
6. Placing an order
6.1 There is no minimum order value on any order.
6.2 From time to time we may conduct collection or delivery trials. As part of these trials, collection or delivery fees may vary from our normal charges.
6.3 Fresh & Easy Food reserves the right to amend collections, deliveries, delivery fees and collection fees at any time without notice.
6.4 The meals can be ordered a minimum of 2 days in advance, or 3 days if ordering after 6pm, and up to a maximum of 28 days in advance.
6.5 Click & Collect Groceries are picked from selected stores on the day of collection and stored at the temperature appropriate to that food until you collect them.
6.6 Your order will be available for collection at your chosen collection location. When your collection is ready you will be notified by email or text message.
6.7 It is the responsibility of the customer to collect their goods, Fresh & Easy Food will not refund based on food not being collected in time if the food is available at the arrange collection location.
6.8 If goods are not collected within 48 hours Fresh & Easy Food reserve the right to dispose of this food. If a customer believes they have a case for refund they can contact Fresh & Easy Food, in these circumstances refunds will only be given where Fresh & Easy Food have failed to delivery goods in a reasonable time.
6.9 We cannot guarantee availability of car parking spaces at your chosen collection location. Car parking charges may apply and use of our car parks is subject to their Terms and Conditions.
6.10 To collect your order please bring one of the following and a nationally recognised form of identification:
Pickup confirmation email
Pickup reference code
6.11 We will make every effort to ensure your order is available for collection at your collection time but we cannot accept liability if the service is limited or unavailable due to operational reasons or circumstances beyond our control.
6.12 Fresh & Easy Food reserves the right to amend or terminate the availability of the service, including the collection charge, at any time and without notice. Arrangements will be made for any outstanding orders at this time.
7. Special offers and evouchers
7.1 From time to time, we may provide you with evouchers, which may be redeemed by you against a first or subsequent order. Evouchers can be used only once, in accordance with the instructions detailed on the evoucher. Those instructions form part of the Terms and Conditions.
7.2 Evouchers cannot be used in respect of goods to be collected after the expiry date - see evoucher for expiry date. Evouchers cannot be exchanged for cash, used for cash back or purchases from the tobacco kiosk, or of baby milk products, spirits and liqueurs, postage stamps and mobile phone vouchers, phone cards or charity products. Evouchers are non-transferable and can only be used with the service and cannot be used in store or on any of our online services.
7.3 Evouchers can entitle you to either money off a particular product and/or in some cases a free product. The voucher will state which product or products it applies to, the saving you may make, the evoucher code and the evoucher expiry date. Products are subject to availability while stocks last. If a product for which you have an evoucher is not available and we deliver a substitute the evoucher will automatically be applied to the substitute.
7.4 Evouchers made available to you on the website will state an expiry date. To use the evoucher you must place an order and have it collected by this date.
7.5 Evouchers shown on freshandeasyfood.co.uk can only be used on freshandeasyfood.co.uk and may not be used on any other website. All evouchers are subject to these terms and conditions and any other specific conditions notified on the voucher or at the time of issue.
7.6 Each evoucher code may be used once only per customer and/or once per billing address. Unless otherwise stated an evoucher may be used only by the named recipient, it may only be used as stated on the evoucher and not in conjunction with any other offer or evoucher. Evouchers cannot be exchanged for cash, gift vouchers, collection charges (except where stated) or for a whole order. We reserve the right to refuse a coupon on transactions including alcohol we consider are excessive and/or are for commercial or non-domestic purposes or subject onward sale or collection by a third party.
7.7 From time to time we may offer first time customer evouchers. Only one first time customer voucher may be used per customer per household. Minimum qualifying spend limits and exclusions will apply. A first time voucher may not be used if you or your household have already used a first time customer offer.
7.8 An evoucher may state a minimum order value after any discounts or evouchers have been deducted.
7.9 If you amend your online order so that the value of your order is less than the value of your evoucher you will be asked to add additional items to your order or to ‘untick’ the evoucher and use it on a future order
7.10 If, as a result of substitutions or unavailability we are unable to deliver your order in full and the value of your collected order is less than the value of your evoucher we will credit your voucher wallet with an evoucher for the balance. This evoucher will appear in your account and will expire 12 months after creation. For operational reasons we reserve the right to refund all or part of the balance in cash to your payment card.
7.13 Fresh & Easy Food reserves the right to withdraw or amend the Nectar evoucher conversion process at any time and without notice.
7.14 These terms and conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
7.15 If you have any queries please contact us at 0800 328 1700
7.16 Your use of an evoucher indicates your agreement to be bound by these terms and conditions.
7.17 Fresh & Easy Food reserves the right to withdraw or terminate any evoucher at any time. Fresh & Easy Food reserves the right to refuse to accept the use of an evoucher if fraud is suspected.
8. Amending or cancelling an order
8.1 Changes to your collection may be made up to 2 days before collection, or 3 days if amending after 6pm. Orders can only be cancelled via our website and not by email.
8.2 In Scotland only, alcohol may not collected before 10 am.
8.3 You can amend or change your collection location or date via our website only and not by email. This can be done here.
8.4 Should adverse weather conditions or any other event outside our reasonable control result in a later or cancelled collection, we will contact you as soon as possible to re-schedule. All alternative collection or collection dates are subject to availability. Should you incur any loss as a direct result of such a delay our liability to you shall be limited to the value of the order only.
9. Order collection restrictions
9.1 We will deliver to the pickup locaiton specified by you when you checkout your order. You may subsequently amend collection details here.
9.2 We reserve the right to restrict or refuse collection requests in certain areas at any time and without notice.
9.3 You or someone aged 18 or over on your behalf must be available to receive and inspect the collection.
9.4 We operate a ‘Think 25’ policy. If the person receiving the goods looks under 25 we will request proof of age. We may retain the goods if proof of age or an alternative adult is not available.
10. Grocery returns
10.1 If whilst inspecting the goods at the time of pickup, you identify goods you do not want, you are free to decline any meals in your order. You can return them to the respresentaive at your pickup location and ask him or her to return them to Fresh & Easy Foods. You are allowed to do this up to 14 days after your originally receive your goods.
10.2 Any goods you return will be automatically refunded to the credit or debit card used to make the payment and shown as a refund on the next payment card statement. Refunds take up to 3-5 working days to reach your account.
10.3 After your pickup has taken place, you have the right, except for the excluded items listed below, to return goods and/or faulty goods in line with Fresh & Easy Food's returns policy. Goods not returned to the respresentaive at your pickup location at the time of delivery should be returned by you at your expense with your receipt or other proof of purchase to your pickup location within 30 days in original packaging in saleable condition. Our returns policy extends your right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which permits the return of most goods ordered online within 14 days of purchase to 30 days.
10.4 Goods not returned at the time of pickup should be returned at your expense to the pickup location within 30 days. Unless of poor quality or faulty, it is not possible to return baby food and milk, frozen or perishable food and drink, CDs, DVDs, audio or visual software where the seal has been broken, newspapers and magazines. In order to obtain a refund, please remember to take your order reference with you.
10.5 Any refund due will be credited to the purchaser’s card within 3-5 working days. If returned items were part of a promotional offer or vouchers used, the amount refunded may be reduced.
11. Carrier bag charge
11.1 As a company of fewer then 250 people you are not required to purchase plastic carrier bags supplied by Fresh & Easy Food.
12. Referral fees and rewards
12.1 Fresh & Easy Food agree to pay 5% of a users first year spend, minus any refunds or discounts they may receive, to the user who referred them to Fresh & Easy Food.
12.2 A users first year is measured form they day they signed up to the Fresh & Easy Food Website.
12.3 To qualify the user receiving the fee must be an active user of the Fresh & Easy Food service, defined as having used the service at least once within the previous 30 days.
12.4 On signing up every user is issued a referral code. The referral fee is paid to whichever user’s referral code is used by the new user when signing up. Referral codes can only be used when a user signs up and cannot be applied retrospectively.
12.5 Referral fees will be paid exclusively via the PayPal payment service, users must have an active PayPal account in order to receive their fee.
12.6 Referral fees earned by any user will be calculated at the start of the following month. Users will be notified that they have a claim available and will be able to submit a claim for up to 31 days after they have been notified. Fresh & Easy Food will not pay any fees after this 31 days has elapsed.
12.7 Referral fees will make efforts to pay referral fees within 10 days of the user’s claim for their referral fee being submitted. Fresh & Easy Food are not liable for any loses or missed income resulting from late payment.
12.8 Only the user may submit a claim through their account.
12.9 Referral fees cannot be transferred to other users or accounts.
12.10 Fresh & Easy Food reserve the right to withhold payment if they believe there has been fraudulent or dishonest activity on either the account of the user claiming the fees or on the account of a user they have referred to Fresh & Easy Food.
12.11 Fresh & Easy Food may withdraw or alter this offer at any time and will not be liable to pay any additional fees over those already accumulated by users at that time.
13. Pickup locations
13.1 Fresh & Easy Food Ltd. is responsible for the delivery of goods to pickup locations. It is the responsibility of the pickup location owner for the safe storage of those goods and the responsibility of the customer to collect the goods from the pickup location in a timely manner.
13.2 Fresh & Easy Food Ltd. is not responsible for the opening hours of pickup locations. All reasonable efforts will be made to ensure that the hours displayed on the website are accurate.
13.2 Fresh & Easy Food Ltd. is not responsible for the conduct of pickup locations and being selected by Fresh & Easy Food Ltd. as a pickup location is not an endorsement of that location or their employees. If any issues are experienced by customers they should inform email@example.com and action will be taken where appropriate.
14. General provisions
14.1 By registering with our service, you accept that your email address may be used to supply you with such information. Customers wishing to change this can do so by visiting the ‘Emails and Text Alerts’ area in ‘Account preferences’. Fresh & Easy Food Plc will use your mobile phone number (if you have provided one) to send you a reminder of your collection and occasionally to contact you about your order (including for market research purposes).
14.2 These Terms and Conditions and the documents produced in accordance with it comprise the entire agreement between you and Fresh & Easy Food regarding each grocery order which concludes in a contract. English law is the governing law of each contract.
14.3 Fresh & Easy Food reserves the right to alter or withdraw the service at any time, to refuse the service to any customer and to amend these Terms and Conditions. If we make any changes to these terms, we will let you know as soon as possible by posting the changes on our Website and updating the date below.
14.4 These Terms and Conditions were last updated on 20/08/2017.
14.5 We suggest that you print off a copy of these Terms and Conditions for your future reference. VAT No. 290 7901 84