Terms and Conditions
Acceptance of Terms & Conditions
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
1. About us
The Services are operated by FodaBox Limited ("we"). We are registered in England and Wales under company number 07591686 and with our registered office address at 64 Southwark Bridge Road, London, SE1 0AS. Our head office can be found at: 2 to 10 Ossory Road, London, SE1 5AN.
2. Accessing our Service
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
3. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Vendors to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us.
4. Description of FodaBox.com's service
When you decide to purchase goods and/ or services on FodaBox.com the resulting legal contract is between you and that Vendor and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Vendors through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Vendor. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Vendor.
We do not review or control, and are not responsible in any way for, listings provided by Vendors and at no time do we possess any items offered for sale by Vendors through the Site other than those items implicitly offered for sale by FodaBox as a vendor.
5. Disclaimer of Warranties and limitation of liability
(a )To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
6. How contracts are formed between you and Vendors
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Vendor until we (acting as the commercial agent of the Vendor) issue an email acknowledgement of order. The contract between you and a Vendor will relate only to those goods and/or services notified in the email acknowledgement of order.
7. Payment methods
Purchases for goods and/or services you make with Vendors may only be paid for using a debit or credit card through another payment facility such as PayPal (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from Vendors, we act in the capacity as commercial agent of the Vendor. The Vendor acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Vendor will satisfy your obligation to pay the Vendor for the relevant item(s) and consequently, any debt obligations owed by you to the Vendor for the purchase of such items shall be extinguished at that time. The Vendor further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination and timeline you have choose to have the item delivered.
All prices quoted include any applicable VAT.
8. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
9. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Vendor who shall provide them and details of postage and packing. The delivery costs for each Vendor vary according to the delivery methods they offer. Any delivery times quoted are in working days. See our Delivery policy for more information.
If you wish to discuss or organise a return, exchange or refund of any item please contact the Vendor directly using the Get in Touch link on your order email in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Vendor in accordance with the Returns & Refunds Policy.
You may link to our home page on the Site or any other page within the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website and we reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
12. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
13. Reviews and Ratings
You may leave reviews ("Reviews") for a Vendor's products. You may also rate the product, price and shipping using a 1-5 star rating system ("Rating"). You must complete any Reviews honestly based on your experience with the Vendor's products.
As a Vendor you acknowledge and accept that your product’s Rating and Review will be publicly available for viewing on the Site.
We are not responsible for checking or editing the Reviews or Ratings on the Site but will from time to time undertake checks of the content that has been posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.
We will investigate any Review which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that Review.
You agree to indemnify and hold us, our affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third party, arising out of or in connection with any Reviews or Ratings left by you on the Site.
14. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
18. Force majeure
Where we or a Vendor are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Vendor's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Vendor's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Vendor's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
19. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either FodaBox.com or the Vendor) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of FodaBox.com when acting as commercial agent of any Vendor.
20. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
General comments about the Site are always welcome, please contact us. If you have any complaint about a particular order please contact the Vendor directly. To report any other issue, including report an issue with a Vendor that could not be resolved with them directly please contact us.
22. Confirming Subscription
Once contacts have been inactive for over a prolonged period of time, they will receive an email asking to confirm their subscription to the FodaBox mailing list. If a contact fails to open the email or chooses to not confirm their subscription, they will be removed from the FodaBox Mailing list. Contacts removed will therefore be required to resubscribe through the FodaBox website.
23. Social Media Competition
Customers who share an image with the #MyFodaBox hashtag on Instagram will be eligible to win a gift from the FodaBox marketing team. Participants may only enter their name into the poll once a month, regardless of number of posts. Timeframes for prizes to be distributed and winner to be selected may be subject to change.