Terms of services
This agreement applies as between you and Ink E Limited trading as Superfoods Company. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services.
Basis Of Order And Acknowledgment
- The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract). Minimum order quantities may apply at our discretion.
- A Contract shall not be effective until we have issued written acknowledgment and acceptance of such Contract (notwithstanding any earlier confirmation of receipt). We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgment of the Contract then the latter shall take precedence.
Products Descriptions And Prices
We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
- To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
- When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
- When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email"). Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
Passing Of Risk And Title
The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us on any other account or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.
- We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing or repairing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.
- We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the Product has not been used in accordance with our instructions; (iii) normal wear and tear, willful or accidental damage; (iv) Product with a stated shelf life or “use by” date, if such shelf life has expired or “use by” date has passed; (vii) the price for the Product, or any other goods or services supplied by us or our affiliates, has not been received in full.
- Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.
Exclusion And Limitation Of Liability
- These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
- In no event shall we be liable for: (1) any loss of anticipated profits; (2) any loss of actual profits, (direct or indirect); (3) any loss of anticipated savings; (4) any loss of business or revenue; (5) any economic loss of whatever nature; (6) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (7) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (8) any loss resulting from use, application of or results obtained from any software incorporated into the product.
- We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.
- To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.
- The Products are not designed, manufactured or supplied for clinical use and are not approved for clinical or medical applications. You agree to indemnify and hold us harmless from and against any and all claims, actions, judgments, orders, awards, costs and/or expenses, on account of bodily injury including death and/or property damage sustained by you, or third parties which arise out of or in connection with the medical or clinical use of the Product.
- We shall not be in breach of the Contract or otherwise liable to you for any delay or failure in shipment or delivery of the Product or any other delay or failure to perform our obligations under the Contract due to the COVID-19 pandemic.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Whilst we are confident that you will love our Products . We understand if you do not find them suitable for you. Please ensure all returns are returned in a resell-able condition to ensure they are accepted. If a return is deemed to not be in a resell-able condition your return will be rejected and can be sent back to you. We are unable to refund return postage unless the product is deemed faulty. If you need to return your purchase please email us with your order name and number, as well as the reason why you would like to return your purchase. We will then ask a few mandatory questions regarding your return item(s) in order to avoid people taking advantage of our system. We will send you a return shipping label for free, that you will be required to attach to your original packaging before dropping it off at a post office.
Damaged or Faulty Items
- In the unlikely event that you have received a damaged item, please fill out a returns request, including as much information as possible about the fault you have discovered so we can thoroughly investigate the issue for you. As part of this process we may ask for a photo of the fault or damage so we can assess the best course of action. We may offer a repair or exchange for your faulty item(s), refunds for faulty items will be given at our discretion.
- Please note that we do not cover damage or faults caused by neglect, misuse, or normal wear and tear. However, if you do damage one of your items, we may be able to repair it for you or suggest a solution, so please do not hesitate to get in touch with us.
- You agree to contact Superfoods Company prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Superfoods Company, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
Accuracy of Billing and Account Information
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- You agree that, if you have provided Superfoods Company with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Superfoods Company and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Superfoods Company’s website or otherwise provided a copy of it to the third party. You agree to indemnify Superfoods Company in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Superfoods Company makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products .
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These terms and conditions and the relationship between you and Superfoods Company shall be governed by and construed in accordance with the Law of England and Wales and Superfoods Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.