Please read all these terms and conditions.

As we can accept your order and make a legally enforceable
agreement without further reference to you, you must read these terms and
conditions to make sure that they contain all that you want and nothing that
you are not happy with. If you are not sure about anything, just phone us on
07818000655.

Application

1. These
   Terms and Conditions will apply to the purchase of the goods by you (the Customer
   or you). We are Foodini Club Ltd a company registered in England and
   Wales under number 10213883 whose registered office is at 47 Coventry Street,
   Brighton, East Sussex, BN1 5PP with email address hello@foodiniclub.co.uk;
   telephone number 07818000655; (the Supplier or us or we).
2. These
   are the terms on which we sell all Goods to you. By ordering any of the Goods,
   you agree to be bound by these Terms and Conditions. By ordering any of the
   Services, you agree to be bound by these Terms and Conditions. You can only
   purchase the Goods from the Website if you are eligible to enter into a
   contract and are at least 18 years old.

Interpretation

• Consumer
  means an individual acting for purposes which are wholly or mainly outside his
  or her trade, business, craft or profession;
• Contract
  means the legally-binding agreement between you and us for the supply of the
  Goods;
• Delivery
  Location means the Supplier’s premises or other location where the Goods
  are to be supplied, as set out in the Order;
• Durable
  Medium means paper or email, or any other medium that allows information to
  be addressed personally to the recipient, enables the recipient to store the
  information in a way accessible for future reference for a period that is long
  enough for the purposes of the information, and allows the unchanged
  reproduction of the information stored;
• Goods
  means the goods advertised on the Website that we supply to you of the number
  and description as set out in the Order;
• Order
  means the Customer’s order for the Goods from the Supplier as submitted
  following the step by step process set out on the Website;
• Privacy
  Policy means the terms which set out how we will deal with confidential and
  personal information received from you via the Website;
• Website
  means our website https://www.foodiniclub.co.uk on which the Goods are
  advertised.

Goods

1. The
   description of the Goods is as set out in the Website, catalogues, brochures or
   other form of advertisement. Any description is for illustrative purposes only
   and there may be small discrepancies in the size and colour of the Goods
   supplied.
2. In
   the case of any Goods made to your special requirements, it is your
   responsibility to ensure that any information or specification you provide is
   accurate.
3. All
   Goods which appear on the Website are subject to availability.
4. We
   can make changes to the Goods which are necessary to comply with any applicable
   law or safety requirement. We will notify you of these changes.

Personal information and Registration

1. When
   registering to use the Website you must set up a username and password. You
   remain responsible for all actions taken under the chosen username and password
   and undertake not to disclose your username and password to anyone else and
   keep them secret.
2. We
   retain and use all information strictly under the Privacy Policy.
3. We
   may contact you by using e-mail or other electronic communication methods and
   by pre-paid post and you expressly agree to this.

Basis of Sale

1. The
   description of the Goods in our website does not constitute a contractual offer
   to sell the Goods. When an Order has been submitted on the Website, we can
   reject it for any reason, although we will try to tell you the reason without
   delay.
2. The
   Order process is set out on the Website. Each step allows you to check and
   amend any errors before submitting the Order. It is your responsibility to
   check that you have used the ordering process correctly.
3. A
   Contract will be formed for the sale of Goods ordered only when you receive an
   email from us confirming the Order (Order Confirmation). You must ensure
   that the Order Confirmation is complete and accurate and inform us immediately
   of any errors. We are not responsible for any inaccuracies in the Order placed
   by you. By placing an Order you agree to us giving you confirmation of the
   Contract by means of an email with all information in it (ie the Order
   Confirmation). You will receive the Order Confirmation within a reasonable time
   after making the Contract, but in any event not later than the delivery of any
   Goods supplied under the Contract.
4. Any
   quotation is valid for a maximum period of 1 day from its date, unless we
   expressly withdraw it at an earlier time.
5. No
   variation of the Contract, whether about description of the Goods, Fees or
   otherwise, can be made after it has been entered into unless the variation is
   agreed by the Customer and the Supplier in writing.
6. We
   intend that these Terms and Conditions apply only to a Contract entered into by
   you as a Consumer. If this is not the case, you must tell us, so that we can
   provide you with a different contract with terms which are more appropriate for
   you and which might, in some respects, be better for you, eg by giving you
   rights as a business.

Price and Payment

• The
  price of the Goods and any additional delivery or other charges is that set out
  on the Website at the date of the Order or such other price as we may agree in
  writing.
• Prices
  and charges include VAT at the rate applicable at the time of the Order.
• You
  must pay by submitting your credit or debit card details with your Order and we
  can take payment immediately or otherwise before delivery of the Goods.

Delivery

• We
  will deliver the Goods, to the Delivery Location by the time or within the
  agreed period or, failing any agreement, without undue delay and, in any event,
  not more than 30 days after the day on which the Contract is entered into.
• In
  any case, regardless of events beyond our control, if we do not deliver the
  Goods on time, you can (in addition to any other remedies) treat the Contract
  at an end if:
  • we have refused to
    deliver the Goods, or if delivery on time is essential taking into account all
    the relevant circumstances at the time the Contract was made, or you said to us
    before the Contract was made that delivery on time was essential; or
  • after we have
    failed to deliver on time, you have specified a later period which is
    appropriate to the circumstances and we have not delivered within that period.
• If
  you treat the Contract at an end, we will (in addition to other remedies)
  promptly return all payments made under the Contract.
• If
  you were entitled to treat the Contract at an end, but do not do so, you are
  not prevented from cancelling the Order for any Goods or rejecting Goods that
  have been delivered and, if you do this, we will (in addition to other
  remedies) without delay return all payments made under the Contract for any
  such cancelled or rejected Goods. If the Goods have been delivered, you must
  return them to us or allow us to collect them from you and we will pay the
  costs of this.
• If
  any Goods form a commercial unit (a unit is a commercial unit if division of
  the unit would materially impair the value of the goods or the character of the
  unit) you cannot cancel or reject the Order for some of those Goods without
  also cancelling or rejecting the Order for the rest of them.
• We
  do not generally deliver to addresses outside England and Wales, Scotland,
  Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept
  an Order for delivery outside that area, you may need to pay import duties or
  other taxes, as we will not pay them.
• You
  agree we may deliver the Goods in instalments if we suffer a shortage of stock
  or other genuine and fair reason, subject to the above provisions and provided
  you are not liable for extra charges.
• If
  you or your nominee fail, through no fault of ours, to take delivery of the
  Goods at the Delivery Location, we may charge the reasonable costs of storing
  and redelivering them.
• The
  Goods will become your responsibility from the completion of delivery or
  Customer collection. You must, if reasonably practicable, examine the Goods
  before accepting them.

Risk and Title

• Risk
  of damage to, or loss of, any Goods will pass to you when the Goods are
  delivered to you.
• You
  do not own the Goods until we have received payment in full. If full payment is
  overdue or a step occurs towards your bankruptcy, we can choose, by notice to
  cancel any delivery and end any right to use the Goods still owned by you, in
  which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

• You
  can withdraw the Order by telling us before the Contract is made, if you simply
  wish to change your mind and without giving us a reason, and without incurring
  any liability.
• This
  is a distance contract (as defined below) which has the cancellation
  rights (Cancellation Rights) set out below. These Cancellation Rights,
  however, do not apply, to a contract for the following goods (with no others)
  in the following circumstances:
  • foodstuffs,
    beverages or other goods intended for current consumption in the household and
    which are supplied on frequent and regular rounds to your residence or
    workplace;
  • goods that are made
    to your specifications or are clearly personalised;
  • goods which are
    liable to deteriorate or expire rapidly.
• Also,
  the Cancellation Rights for a Contract cease to be available in the following
  circumstances:
  • in the case of a
    contract for the supply of sealed goods which are not suitable for return due
    to health protection or hygiene reasons, if they become unsealed after
    delivery;
  • in the case of any
    sales contract, if the goods become mixed inseparably (according to their
    nature) with other items after delivery.

Right to cancel

• Subject
  as stated in these Terms and Conditions, you can cancel this contract within 14
  days without giving any reason.
• The
  cancellation period will expire after 14 days from the day on which you
  acquire, or a third party, other than the carrier indicated by you, acquires
  physical possession of the last of the Goods. In a contract for the supply of
  goods over time (ie subscriptions), the right to cancel will be 14 days after
  the first delivery.
• To
  exercise the right to cancel, you must inform us of your decision to cancel
  this Contract by a clear statement setting out your decision (eg a letter sent
  by post, fax or email). You can use the attached model cancellation form, but
  it is not obligatory. In any event, you must be able to show clear evidence of
  when the cancellation was made, so you may decide to use the model cancellation
  form.
• You
  can also electronically fill in and submit the model cancellation form or any
  other clear statement of the Customer’s decision to cancel the Contract on our
  website https://www.foodiniclub.co.uk. If you use this option, we will
  communicate to you an acknowledgement of receipt of such a cancellation in a
  Durable Medium (eg by email) without delay.
• To
  meet the cancellation deadline, it is sufficient for you to send your
  communication concerning your exercise of the right to cancel before the
  cancellation period has expired.

Effects of cancellation in the cancellation period

• Except
  as set out below, if you cancel this Contract, we will reimburse to you all
  payments received from you, including the costs of delivery (except for the
  supplementary costs arising if you chose a type of delivery other than the
  least expensive type of standard delivery offered by us).

Deduction for Goods supplied

• We
  may make a deduction from the reimbursement for loss in value of any Goods
  supplied, if the loss is the result of unnecessary handling by you (ie handling
  the Goods beyond what is necessary to establish the nature, characteristics and
  functioning of the Goods: eg it goes beyond the sort of handling that might be
  reasonably allowed in a shop). This is because you are liable for that loss
  and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

• If
  we have not offered to collect the Goods, we will make the reimbursement
  without undue delay, and not later than:
  • 14 days after the
    day we receive back from you any Goods supplied, or
  • (if earlier) 14
    days after the day you provide evidence that you have sent back the Goods.
• If
  we have offered to collect the Goods or if no Goods were supplied, we will make
  the reimbursement without undue delay, and not later than 14 days after the day
  on which we are informed about your decision to cancel this Contract.
• We
  will make the reimbursement using the same means of payment as you used for the
  initial transaction, unless you have expressly agreed otherwise; in any event,
  you will not incur any fees as a result of the reimbursement.

Returning Goods

• If
  you have received Goods in connection with the Contract which you have
  cancelled, you must send back the Goods or hand them over to us at 47 Coventry
  Street, Brighton, East Sussex, BN1 5PP without delay and in any event not later
  than 14 days from the day on which you communicate to us your cancellation of
  this Contract. The deadline is met if you send back the Goods before the period
  of 14 days has expired. You agree that you will have to bear the cost of
  returning the Goods.
• For
  the purposes of these Cancellation Rights, these words have the following
  meanings:
  • distance
    contract means a contract concluded between a trader and a consumer under
    an organised distance sales or service-provision scheme without the
    simultaneous physical presence of the trader and the consumer, with the
    exclusive use of one or more means of distance communication up to and
    including the time at which the contract is concluded;
  • sales contract
    means a contract under which a trader transfers or agrees to transfer the
    ownership of goods to a consumer and the consumer pays or agrees to pay the
    price, including any contract that has both goods and services as its object.

Conformity

• We
  have a legal duty to supply the Goods in conformity with the Contract, and will
  not have conformed if it does not meet the following obligation.
• Upon
  delivery, the Goods will:
  • be of satisfactory
    quality;
  • be reasonably fit
    for any particular purpose for which you buy the Goods which, before the
    Contract is made, you made known to us (unless you do not actually rely, or it
    is unreasonable for you to rely, on our skill and judgment) and be fit for any
    purpose held out by us or set out in the Contract; and
  • conform to their
    description.
• It
  is not a failure to conform if the failure has its origin in your materials.
• We
  will provide the following after-sales service: In the case of difficulties in
  using a recipe kit a customer can contact the supplier to receive support.

Successors and our sub-contractors

• Either
  party can transfer the benefit of this Contract to someone else, and will
  remain liable to the other for its obligations under the Contract. The Supplier
  will be liable for the acts of any sub-contractors who it chooses to help
  perform its duties.

Circumstances beyond the control of either party

• In
  the event of any failure by a party because of something beyond its reasonable
  control:
  • the party will
    advise the other party as soon as reasonably practicable; and
  • the party’s
    obligations will be suspended so far as is reasonable, provided that that party
    will act reasonably, and the party will not be liable for any failure which it
    could not reasonably avoid, but this will not affect the Customer’s above
    rights relating to delivery and any right to cancel, below.

Privacy

• Your
  privacy is critical to us. We respect your privacy and comply with the General
  Data Protection Regulation with regard to your personal information.
• These
  Terms and Conditions should be read alongside, and are in addition to our
  policies, including our privacy policy (https://www.foodiniclub.co.uk/privacy-policy/)
  and cookies policy (https://www.foodiniclub.co.uk/cookie-policy/).
• For
  the purposes of these Terms and Conditions:
  • ‘Data Protection
    Laws’ means any applicable law relating to the processing of Personal Data,
    including, but not limited to the Directive 95/46/EC (Data Protection
    Directive) or the GDPR.
  • ‘GDPR’ means the
    General Data Protection Regulation (EU) 2016/679.
  • ‘Data Controller’,
    ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
• We
  are a Data Controller of the Personal Data we Process in providing Goods to
  you.
• Where
  you supply Personal Data to us so we can provide Goods to you, and we Process
  that Personal Data in the course of providing the Goods to you, we will comply
  with our obligations imposed by the Data Protection Laws:
  • before or at the
    time of collecting Personal Data, we will identify the purposes for which
    information is being collected;
  • we will only
    Process Personal Data for the purposes identified;
  • we will respect
    your rights in relation to your Personal Data; and
  • we will implement
    technical and organisational measures to ensure your Personal Data is secure.
• For
  any enquiries or complaints regarding data privacy, you can contact our Data
  Protection Officer at the following e-mail address: laura@foodiniclub.co.uk.

Excluding liability

• The
  Supplier does not exclude liability for: (i) any fraudulent act or omission; or
  (ii) for death or personal injury caused by negligence or breach of the
  Supplier’s other legal obligations. Subject to this, the Supplier is not liable
  for (i) loss which was not reasonably foreseeable to both parties at the time
  when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s
  business, trade, craft or profession which would not be suffered by a Consumer –
  because the Supplier believes the Customer is not buying the Goods wholly or
  mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

• The
  Contract (including any non-contractual matters) is governed by the law of England
  and Wales.
• Disputes
  can be submitted to the jurisdiction of the courts of England and Wales or,
  where the Customer lives in Scotland or Northern Ireland, in the courts of
  respectively Scotland or Northern Ireland.
• We
  try to avoid any dispute, so we deal with complaints in the following way: If
  an issue occurs with any of our products customers should contact us to find a
  solution straight away. We will aim to respond and find an appropriate solution
  within 3 days.

Attribution

• These
  terms and conditions were created using a document from Rocket Lawyer
  (https://www.rocketlawyer.co.uk).

Model cancellation Form

To
Foodini Club Ltd
47 Coventry Street
Brighton
East Sussex
BN1 5PP

Email address: hello@foodiniclub.co.uk
Telephone number: 07818000655

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of
the following goods [*] [for the supply of the following service [*], Ordered
on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on
paper)

Date