FodaBox Ltd Corporate Terms of Service
Any company, partnership, individual or other legal entity (“you”) purchasing food, drinks, gifts or or other stored value instruments (“gift cards”) from FodaBox Ltd does so subject to these terms and conditions. FodaBox Ltd is a company registered in England and Wales (company registration number 07591686) whose registered office is at Unit 10 Quadrant Park, Welwyn Garden City, Herts, England, AL7 1FS. Our registered VAT number is GB112716251. Unless we say otherwise, we use the terms “FodaBox“, “we“, “our” and “us” to refer to FodaBox Ltd throughout these terms and conditions
1. If we have opened a credit account for you, we will despatch goods to you as soon as reasonably possible after we receive your order. If we have not opened a credit account for you, we will despatch goods upon receipt of cleared funds. While we do keep stock of physical goods at all times, if we receive a number of large orders at or around the same time, this may delay delivery of your order as we may need to restock some items.
2. Risk in the goods will remain with us until the goods are delivered to you, at which point risk in the goods shall pass to you. Title in the goods will remain with us until you pay for the goods in full. If you sell or transfer the goods to any third party, you must make clear to the recipient that title in the goods remains vested in FodaBox until we have been paid in full.
3. We reserve the right to refuse any order, at any time and for any reason, without the need to state the reason for any such refusal.
4. If we have opened a credit account for you, we will send you an invoice for the goods you have ordered within 1 day of dispatching your order. You must settle all invoices within 30 days of the date of the invoice unless otherwise agreed.
5. If you are late in paying any overdue invoices:
6. you will forfeit any discount that we have previously agreed to give you, which will then become payable by you;
7. interest from the due date until and including the date of actual payment, accruing on a daily basis, at the rate of 4% per annum above the base rate for the time being of Barclays Bank plc will be levied on all amounts which have not been settled within 28 days of the invoice date;
8. we will suspend your account until payment has been received in full, which means that you will not be able to order any more goods from us until you have settled your account in full;
9. and we may suspend any outstanding balances left on any gift cards until payment has been made in full.
10. FodaBox will dispatch your goods using one of our approved tracked courier services. Upon receipt of the goods, it is your responsibility to inform us of any issues by emailing email@example.com within 2 working days. Goods damaged in transit will be replaced or credited. FodaBox will not be liable for any delays in the delivery of goods caused by 3rd party couriers.
11. It is your responsibility to ensure that you input the correct address to which the goods are to be sent. No refunds will be made if the address you have entered is incorrect and FodaBox will not be liable for any losses as a result of the incorrect address being provided to FodaBox.
12. Should you suspect that an incorrect address has been provided, please inform us immediately by emailing firstname.lastname@example.org and we will attempt to amend the courier booking.
13. FodaBox will dispatch active electronic gift cards, or codes, usually by email, to the nominated address requested in your order. Upon receipt of the gift cards, or codes, it is your responsibility to inform of any issues to email@example.com.
14. It is your responsibility to ensure that you input the correct email address to which the e-gift card should be sent. No refunds will be made if the email address you have entered is incorrect and FodaBox will not be liable for any losses as a result of the incorrect email address being provided to FodaBox.
15. Should you suspect that an e-gift card has been sent to the incorrect email address, please inform us immediately by emailing firstname.lastname@example.org.
16. If for any reason we suspect, acting reasonably, that gift cards are being used or purchased fraudulently we reserve the right at any time to deactivate the gift cards without any liability to you. We will inform you that the gift cards have been deactivated as soon as reasonably possible. We will require your cooperation in order to evidence that there has been no fraudulent activity before the gift cards are re-activated.
17. You may not use any product image, corporate title, designation, service mark, trademark or any other trading name or style of FodaBox without having first obtained our consent in writing. We may withdraw any consent or approval referred to in this clause at any time by notifying you of such withdrawal.
18. If you receive goods or gift cards and there are any discrepancies in the number of goods or gift cards delivered as against your order, you must notify FodaBox within 2 working days of receiving the goods or gift cards otherwise you are deemed to have accepted the order as correct.
Terms Governing FodaBox Branded Goods & Gift Cards
19. You may not sell FodaBox branded goods or gift cards to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell FodaBox branded goods and gift cards through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of FodaBox branded goods and gift cards by you to a third party.
20. You may change your order if we have not yet despatched your goods or gift cards, unless we have specifically purchased non-standard goods (including packaging) on your behalf, in which case an order cannot be changed. Once we have despatched the goods or gift cards you may not change the order. If you do make a change to your order this may result in a delay in despatch.
21. FodaBox handles personal data when fulfilling your goods and gift card orders. We will process data in accordance with applicable GDPR and data protection laws.
23. In the event that:
24. you make any voluntary arrangement with your creditors, you become subject to an administration order, you go into liquidation, you suffer a petition for winding up to be issued against you or the equivalent occurs under any jurisdiction other than for the purpose of a solvent amalgamation or reconstruction, or (being an individual) you are made bankrupt; or
25. an encumbrancer takes possession of, or a receiver or an administrative receiver is appointed over any of your property or assets; or
26. you suspend or threaten to suspend any payments here under or cease or threaten to cease to carry on business; or
27. FodaBox reasonably considers that any of the events mentioned above is about to occur in relation to you,
28. then without prejudice to any other right or remedies available to us, we shall be entitled forthwith to cancel our contract with you and/or suspend any further deliveries of goods or gift cards without any liability to you. We shall also be entitled to de-activate any gift cards which have not been paid for.
29. There are certain liabilities which we cannot exclude by law and nothing in these terms and conditions limits our liability for personal injury or death caused by our negligence or for fraud.
30. Where we are in breach of these terms:
31. we will not be liable to you (whether in contract, tort or otherwise) for any indirect or consequential loss, cost or damage you suffer;
32. we will not in any event be liable for any loss of profits, loss of business, loss of revenue, loss of data or loss of goodwill, whether any such loss is direct or indirect.
33. our maximum liability to you arising out of or in connection with your ordering goods and gift cards from us shall be limited to 100% of the value of goods and gift cards which you ordered.
34. Any goods and gift cards we supply to you will be of satisfactory quality. If we deliver goods or gift cards to you that are not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.
35. We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms and conditions by anything you (or anyone acting on your behalf) does or fails to do (including for example a failure to inform us to ship goods or activate the gift cards) or due to events which are beyond our reasonable control.
36. You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party unless we agree in writing.
37. We may assign, transfer or sub-contract any of our rights or obligations under these terms and conditions to any third party at our discretion.
38. No relaxation or delay by us in exercising any right or remedy under these terms and conditions operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
39. If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
40. Only you and we shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
41. These terms and conditions are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms & Conditions were last updated on September 1st 2020