TERMS & CONDITIONS

OVERVIEW

This website is operated by The Healthy Juice Company. The Healthy Juice Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

THE HEALTHY JUICE COMPANY – TERMS AND CONDITIONS 31ST AUGUST 2017

By using this website and placing an order, you are confirming that you have read and agree to our full terms and conditions.

1. DEFINITIONS

In these Terms and Conditions references to:

“You”, “your”, “yours” and the like are references to you our customer;

“We”, “us”, “our” and the like are references to The Healthy Juice Company Limited;

“Our website” and the like are references to this website;

“Perishable items” are references to goods which we sell for consumption which have a limited shelf life such as juices, nut milks and elixirs;

“Non-perishable items” are references to goods which we sell which are not consumable and which do not have a limited shelf life such as bathroom products, body brushes or Epsom Salts; and “our contact address” means 7 Grange Mews, Launton, Oxfordshire OX26 5EG.

2. THE CONTRACT BETWEEN US

By placing an order on our website you are warranting to us that you are aged 18 or over, that the information that you provide to us is correct and not misleading and that you have both the capacity and authority to do so. You are also warranting to us that you agree with the information about the goods that we sell and the ordering and delivery processes which are detailed on our website. 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 when making your order. Our acceptance of your order brings into existence a legally binding contract between us which is subject to these Terms and Conditions. We reserve the right not to accept an order and only to accept payment for an order by use of a debit or credit card acceptable to us or via a BACS transfer should you prefer that method, which requires ordering via telephone or email.

3. PRICE

3.1 The current prices (inclusive of VAT) payable for goods that you order are as now set out in our website. Please note that in future these may vary.

4. RIGHT FOR YOU TO CANCEL YOUR CONTRACT

4.1 In the case of perishable items you may cancel your contract with us for the goods you order at any time before (but not after) the order deadline shown on our website ie midday, 3 days before your first delivery date of the order you wish to cancel. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

4.2 In the case of non-perishable items 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 goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 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 as soon as possible. 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.

4.3 To cancel your contract you must notify us in writing and we suggest by email. Your notice of cancellation will take effect when we receive it.

4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your debit or credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT in the case of non-perishable items the goods in question are returned by you and received by us in the condition they were in when delivered to you.

5. CANCELLATION BY US

5.1 We reserve the right to cancel the contract between us if:

5.1.1 we have insufficient stock to deliver the goods you have ordered;

5.1.2 we do not deliver to your area; or

5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

5.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your debit or 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.

6. DELIVERY OF PERISHABLE GOODS TO YOU

6.1 We will deliver the goods ordered by you to the address you confirm for delivery at the time you make your order. Deliveries will be made either via ourselves or via a 3rd party courier, depending on your delivery address which will determine which options are available to you and your choice of delivery method where provided with one

Deliveries via our own driver and vehicle are usually made between midnight and 6am but this may vary. We will make delivery by leaving the goods in a place that you specify when making your order or a suitable place at the delivery address. If possible we will also post a card through a letterbox indicating that the delivery has been made.

Deliveries via our 3rd party courier will be made between 7am and 9am or other time slot as agreed between yourselves and ourselves, subject to the courier’s terms and conditions. The courier will ask for a signature as proof of delivery. We will be pleased to provide a copy of the courier’s terms and conditions upon request. If any goods delivered by a courier are damaged when received you should note this on the courier’s documentation when signing for the delivery and advise us immediately, by 10am on the morning of your delivery. Photographic proof taken whilst the courier driver is with you is essential. 6.2 Delivery will be made upon the delivery date that we have agreed with you. If this is not possible then we will deliver the goods as soon as possible thereafter and in any event within 24 hours. If we fail to do this for whatever reason we will refund the cost of the goods in the same way as if you had cancelled your order.

7. DELIVERY OF NON-PERISHABLE GOODS TO YOU

7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

7.2 Delivery of non-perishable goods will be made either by a courier or by Royal Mail within normal working hours. If we are delivering perishable goods to you as part of the same or another order we may deliver non-perishable goods that you have ordered at the same time.

7.3 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. If we fail to do this for whatever reason we will refund the cost of the goods concerned in the same way as if you had cancelled your order provided that within 40 days of the date of your order you have advised us in writing at our contact address that you have not received the relevant goods.

8. TITLE TO THE GOODS

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.

9. OUR CONSUMABLE PRODUCTS

Our products are not preserved and have a shelf life of 3 days, including the day of delivery. As our products are raw they may contain natural bacteria which can cause illness in children, the elderly and those with weak immune systems. Our consumable products are not suitable for diabetics or for people with celery or nut allergies. We do not warrant that any of our consumable products provide any health benefits and use of them will be entirely at your own risk. Our consumable products are made from raw materials and should be stored at all times in a refrigerated environment.

10. LIABILITY

10.1 If we are unable to deliver perishable goods to you because you have failed to provide us with either correct information or sufficient information we shall have no liability to you and you will not be entitled to a refund of the amount paid by you for the goods. If we are unable to deliver non – perishable goods to you because you have failed to provide us with either correct information or sufficient information we shall have no liability to you and you will not be entitled to a refund of the amount paid by you for the goods. However, in the case of non-perishable goods if you subsequently provide us with complete and correct information we will use our reasonable endeavours to deliver the goods to you provided that they have been returned to us and subject to you paying us in advance for any additional costs arising either from the failed delivery or subsequent delivery attempts. 10.2 If any perishable 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 either verbally or in writing before

10.2 If any perishable 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 either verbally or in writing before 10am on the scheduled date for delivery. If any non-perishable 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. 10.3 If you do not receive any perishable goods ordered on the scheduled date for delivery we shall have no liability to you unless you notify us either verbally or in writing before

10.3 If you do not receive any perishable goods ordered on the scheduled date for delivery we shall have no liability to you unless you notify us either verbally or in writing before 10am on the scheduled date for delivery. If you do not receive any non-perishable goods ordered 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 within 40 days of the date on which you ordered the goods.

10.4 If you notify a problem to us under clauses 10.2 or 10.3 above, our only obligation will be, at your option:

10.4.1 to make good any shortage or non-delivery;

10.4.2 to replace any goods that are damaged or defective; or

10.4.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. 10.5 As

10.5 As use of our consumable products is entirely at your own risk we will not be liable to you for any losses arising from their use to the fullest extent that the law permits.

10.6 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 10.4.3 above.

10.7 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.

11. NOTICES

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 or by email to info@thehealthyjuicecompany.co.uk and all notices from us to you will be sent in the same way to the address or email address that you have given to us.

12. EVENTS BEYOND OUR CONTROL

We and our 3rd party couriers 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, vehicles or network access, flood, fire, explosion or accident and the actions of any third party.

13. INVALIDITY

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.

14. PRIVACY

You acknowledge and agree to be bound by the terms of our privacy policy https://www.thehealthyjuicecompany.co.uk/home/privacy/ .

15. THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom 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.

16. GOVERNING LAW

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.

17. ENTIRE AGREEMENT

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. We may vary our terms and conditions from time to time and variations will appear on our website. The terms and conditions which will apply to our contract with you are those in force at the time that you place your order.

TERMS & CONDITIONS OF USE OF OUR WEBSITE LAST UPDATED: 26TH AUGUST 2017
    1. We are The Healthy Juice Company Limited and our registered office is at North Lodge, Brockham Green, Betchworth, Surrey RH3 7JS, United Kingdom and we own and operate this website (‘Site’). Our business address is 7 Grange Mews, Launton, Oxfordshire OX26 5EG.
    2. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.
    3. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
    4. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
    5. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
    6. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
    7. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
      • all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
      • any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.
      • The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
    8. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
      • use the Site for any fraudulent or unlawful purpose;
      • use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
      • impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
      • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
      • transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
      • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
      • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
      • remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
      • frame or mirror any part of the Site without our express prior written consent;
      • create a database by systematically downloading and storing Site content;
      • use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;
      • The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk
      • We may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.