1. INTRODUCTION

1.1 This page sets out the terms and conditions (“Terms”) between FINOTASTE LIMITED (“we” or “us”) and any person who places an order with us (“the Customer” or “you”).

1.2 These Terms shall apply to any order placed, including (but not limited to) orders placed over the phone or throughwww.finotaste.com (“the Website”).

1.3 Please read these Terms carefully before you place an order with us. By placing an order for any of the plans, breakfasts, snacks or juices (“the Food”) you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms or any part of them, you must not place an order with us.

1.4 We strongly recommend that you should seek medical advice before starting any diet, food regime or nutritional programme. The information and advice provided by us is of a general nature only and is provided with the understanding that FINOTASTE is not engaged in the provision of medical advice. To this extent, any advice or Food provided by us should not be regarded as a substitute for medical treatment. This includes any advice we provide to you by email, over the telephone or in person. You should not eat the Food if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. Please note that whilst FINOTASTE will make every effort to exclude ingredients expressly identified by you, we cannot guarantee that these foods will be excluded. If you are in any doubt about your health at any time, you should seek medical advice from a doctor.

2. ABOUT US

2.1 FinoTaste is a company registered in England and Wales under company number 10061036 and our registered office is at 4, Charan House, 18 Union Rd, London, SW4 6JP.

3. COMMUNICATION

3.1 You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

3.2 We will contact you by email or provide you with information by posting notices on the Website.

3.3 It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Where you have provided us with, or otherwise contacted us using, different email address, you agree that communication sent by us to any of those email addresses constitutes an acceptable form of communication.

4. YOUR ACCOUNT

4.1 When creating an account on the Website, your username and password will be generated by you. You are responsible for all actions taken under your chosen username and password.

4.2 By creating an account on the Website you undertake:

4.2.1 that all the details you provide are true, accurate, current and complete in all respects;

4.2.2 to notify us immediately of any changes to the information provided when creating the account;

4.2.3 that you are over 18;

4.2.4 to only create one account and to only use the Website using your own username and password;

4.2.5 not to disclose your password to anyone and to make every effort to keep your password safe;

4.2.6 to change your password immediately upon discovering that it has been compromised;

4.2.7 to notify us if you suspect someone has accessed your account without permission; and

4.2.8 to neither transfer or sell your username or password to anyone, not permit, either directly or indirectly, anyone other than you to use them.

4.3 We reserve the right to terminate your account and to suspend or terminate your access to the Website immediately and without notice to you if:

4.3.1 you breach these Terms;

4.3.2 you are impersonating any other person or entity;

4.3.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or

4.3.4 we suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

5. ELIGIBILITY TO PLACE AN ORDER ON THE WEBSITE

5.1 To be eligible to place and order and purchase Food on the Website, and in order to lawfully enter into and form a contract with us, you must

5.1.1 be 18 years of age or over;

5.1.2 be legally capable of entering a binding contract; and

5.1.3 provide full and accurate details of a delivery address in the United Kingdom.

6. PRICE

6.1 The prices for the Food are quoted on the Website.

6.2 Unless otherwise stated or agreed, the prices quoted include VAT. Where additional delivery costs are applicable, these costs will be clearly indicated and individually and separately identified during the order process.

7. PAYMENT

7.2 By placing an order, you consent to payment being charged to your debit or credit card account or electronic payment account as provided on the order form.

7.3 Payment will be debited and cleared from your account before the dispatch of the Food to you.

7.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.

7.5 By placing an order and by accepting these Terms you:

7.5.1 undertake that all the details you provide to us for the purpose of purchasing the Food are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Food ordered;

7.5.2 undertake that any and all of the Food ordered by you is for your own private or domestic use only and not for resale; and

7.5.3 authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

7.6 We shall contact you should any problems occur with the authorisation of your card.

7.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order, all necessary payment details and your card details secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

8. ORDER PROCESS

8.1 All orders are subject to acceptance and availability. If any of the Plans ordered is not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order.

8.2 Any order placed by you constitutes an offer to purchase the Plan from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

8.3 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly

8.4 Your offer is accepted by us and a contract (“the Contract”) between you and us incorporating these Terms will only subsist after we have debited your payment card and confirmed receipt of your order by email. Any products which we have not confirmed in the email will not form part of the contract and suitable arrangements for a refund will be made.

8.5 During the order process you will be given the opportunity to include additional instructions related to, for example, your nutritional requirements, your allergies and food preferences or delivery of the Food. These additional instructions shall in no way form part of the Contract between us, whether as implied terms or otherwise. We will make every effort to contact you where these additional instructions cannot be followed and/or implemented, but neither our failure to contact you or our failure to follow and implement these instructions shall constitute a breach of this Contract.

8.6 You will be subject to the version of our policies and Terms in force at the time that you order the Food from us, unless:

8.6.1 any change to those policies or these Terms is required to be made by law or governmental authority; or

8.6.2 we notify you of any change to our policies or these Terms via the Website or via email.

9. KEY MANAGEMENT

9.1 Should you require us to access a secure part of any building, or pass through a locked door or gate, in order to deliver your Food, you can provide us with a key or key fob (“the Key”).

9.2 All Keys should be handled to our driver on the first delivery.

9.3 The driver will make a record of receipt of your Key and ensure that it is securely stored. We will contact you by email to confirm that your Keys have been received.

9.4 It the Key you have provided no longer works, it is your responsibility to send us a replacement Key.

9.5 Where your failure to provide us with the correct Key results in us not being able to deliver your Food in accordance with the instructions you have provided, we reserve the right (and you acknowledge that our delivery team reserves the right) to not leave your Food in another location. Where your Food is not delivered in these circumstances, your Food will be returned to our kitchens and disposed of. This will be regarded as a successful delivery for the purpose of the number of days you have remaining on your account.

9.6 Where a key is damaged or lost, Our delivery team will accept any liability (of whatever nature) where the damage or loss was the result of circumstances out of our / their control, including (but not limited to) theft of the key. We’ll notify you immediately if this happen.

10. DELIVERY

10.1 FINOTASTE uses a third party courier company called PLUS DELIVERY to deliver the Food to our clients. Where these Terms refer to FINOTASTE arranging, making or otherwise organising your delivery, such deliveries will in fact be carried out, arranged or organised by PLUS DELIVERY. In certain circumstances, PLUS will use a third party courier service to deliver your Food.

10.2 FINOTASTE is able to deliver your Food on Sundays, Tuesdays and Thursdays between 6pm and midnight, or overnight between midnight and 6pm. You will be able to choose your timeslot during the payment step.

10.3 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.

10.4 Once the bag is delivered in accordance with your instructions, the bag and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a bag is delivered in accordance with your instructions and subsequently goes missing:

10.5.1 this will be regarded as a successful delivery for the purpose of the number of days you have remaining on your account; and

10.5.2 you will be required to pay an additional Bag Deposit (see below).

10.6 We are not able to deliver your Food at a specific time and neither are we able to deliver within a specific time period. In any circumstance where we indicate that we will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms or the Contract by us.

10.7 We shall not be liable for any delay in delivering the Goods, however caused.

10.8 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.

10.9 The courier will take reasonable steps to deliver the goods to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.

10.10 If, having taken all reasonable steps, we are unable to deliver your food we will follow any specific instructions you have provided us with. We will (and you acknowledge that our delivery team will) only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If we are unable to deliver in such circumstances, we reserve the right to charge you for the food you should have received that day in any event.

11. RISK

11.1 The Food will be at your risk from the time of delivery.

11.2 Theft or suspected theft of the Food from the delivery address shall not be deemed as the fault of either us or PLUS DELIVERY.

11.3 If you suspect that your Food has been stolen from the delivery address please contact us immediately so we can discuss alternative delivery arrangements. Until such alternative arrangements are made, we reserve the right to suspend your order until suitable new arrangements have been made or cancel your order and organise a refund.

11.4 Where you suspect that your food has been stolen, we request that you contact us as soon as possible and in all instances by 12:00 on the day of the suspected theft. Unfortunately, we will not be able to offer any refunds where we are informed of a stolen or missing bag after this time.

12. OWNERSHIP OF THE TEMPERATURE CONTROLLED BAGS AND ICE BLOCKS

12.1 Where you wish to change your order, you should let us know as soon as possible and all requests should be by email or on your customer area. We require three full working days’ notice in order to change your order in all instances.

12.2 Where you wish to change the length of your order and in so doing wish to reduce the number of days your are ordering food for, there will be a £25 admin charge.

13. OWNERSHIP OF THE TEMPERATURE CONTROLLED BAGS AND ICE PACKS

13.1 We require a £20 deposit for the cooler bag and ice pack (“the Bag Deposit”) that is used to deliver your food. The bags and the accompanying ice packs remain the property of FINOTASTE at all times.

13.2 It is your responsibility to leave the bags and the ice packs at the delivery address so we can arrange for their collection. Should you fail to return the bags and ice packs, we reserve the right to pause your deliveries.

13.3 In the event that you damage or fail to return a bag or an ice pack, you shall be liable to pay us a sum of £20 for each bag and £5 for each ice pack.

13.4 Where a bag or an ice pack is lost, stolen or (in our reasonably opinion) damaged beyond use, you shall be liable to pay an additional £20 bag deposit.

13.5 We reserve the right to charge any card or credit card held on our system for the relevant amount.

14. CANCELLING YOUR ORDER

14.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your order.

14.2 If you wish to cancel your order, you should let us know as soon as possible and all requests must be sent by email. We require three full working days’ notice in order to cancel your order in all instances.

14.3 If you notify us that you wish to cancel at least three full working days before your first delivery, we will cancel your order and refund a maximum of the full amount paid by you less 10% of the value of the order to cover transaction costs and a £50 administration charge to cover our internal administration costs.

14.4 For the avoidance of doubt, the £50 administration charge shall still apply where you have placed an order but subsequently informed us that it will not be possible to deliver your Food (for whatever reason) in accordance with these Terms.

14.5 If you wish to cancel your order later than three full working days before it was due to start, we will endeavour to be flexible and consider your request at our complete discretion. In these circumstances, we will cancel your order and refund a maximum of the full amount paid by you less 10% of the value of the outstanding order to cover transaction costs and a £100 administration charge to cover our internal administration costs.

14.6 For the avoidance of doubt, the amounts identified in clause 13.5 shall still apply in any circumstance where it is no longer possible to arrange delivery of the Food to your address or where a change of address incurs a delivery charge and you are not able, willing or happy to pay that additional delivery charge.

14.7 Where ingredients have already been purchased or other expenditure incurred (such as the time taken by our nutrition team to calculate your nutritional requirements and design your menu, credit card charges, banking charges, administration or courier charges), we reserve the right to make further reasonable allowance for this in any rebate that we may agree to make.

14.8 Where the combined amount of the 10% charge and the administration charge is more than the value of the outstanding value of your order, we reserve the right to reduce your Bag Deposit accordingly.

14.9 Any refunds will be made within 30 days from the date on which your package would have ended had it not been cancelled.

15. COMPLAINTS

15.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at info@finotaste.com

15.2 If there is a mistake with your food or nutritional requirements, we ask that you return the food to us. We will only credit your account where food is returned to us and credit will only be given for the value of the food at our complete discretion.

15.3 We may not be able to accommodate clients with specialist dietary needs or conditions and, in particular, we are unable to deliver to those who have allergies that could result in illness, anaphylactic shock or those clients with diabetes who are insulin dependent.

15.4 We cannot be held responsible for any ingredient that causes a reaction. We will endeavour to ensure that ingredients that could cause a bad reaction are omitted from your menu but please note that your food will be prepared in an area where these areas are used.

16. LIABILITY AND INDEMNITY

16.1 Notwithstanding any other provision in these Terms, nothing will affect or limit your statutory rights or will exclude or limit our liability for:

16.1.1 death or personal injury resulting from our negligence;

16.1.2 fraud or fraudulent misrepresentation;

16.1.3 action pursuant to section 2(3) of the Consumer Protection Act 1987; or

16.1.4 any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

16.2 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

16.3 We will not be liable if the Website is unavailable at any time.

16.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

16.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

16.6 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

16.7 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

16.8 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

16.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

16.8.2 any loss of goodwill or reputation; or

16.8.3 any special or indirect losses; or

16.8.4 any loss of data; or

16.8.5 wasted management or office time; or

16.9 If you buy any goods or services from a third party seller through our Website, the seller’s individual liability will be set out in their own terms and conditions.

16.10 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

16.11 FINOTASTE makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Every effort is made to instruct our food production staff on the severity of food allergies. In addition, you can select to exclude items that we have identified as possible allergen-containing ingredients; however, there is always a risk of contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice. Customers concerned with food allergies need to be aware of this risk. Please be aware that our facility prepares foods and uses ingredients in our products that contain nuts or nut oil. If you have any type of food allergy, please refrain from eating our products.

16.12 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

17. FORCE MAJEURE

17.1 We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:

17.1.1 strikes, lock-outs or other industrial action;

17.1.2 shortages of labour, fuel, power, raw materials;

17.1.3 late, defective performance or non-performance by suppliers;

17.1.4 private or public telecommunication, computer network failures or breakdown of equipment;

17.1.5 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

17.1.6 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;

17.1.7 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

17.1.8 acts, decrees, legislation, regulations or restrictions of any government; and

17.1.9 other causes, beyond our reasonable control

17.2 Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

17.3 Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 5 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

18. PRIVACY

18.1 We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

18.2 You can find full details of our Privacy Policy on the Website.

19. THIRD PARTY RIGHTS

19.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

20. NOTICES

20.1 All notices given by you to us must be given to us at info@finotaste.com. We may give notice as described in clause 3.

20.2 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

21. AGREEMENT

21.1 The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

21.2 In particular, due to the nature of the service provided by us, it is recognised that it may be necessary for a number of communications, either written or oral, to be passed between you and us before you place an order. In no circumstances will these communications form part of this agreement.

21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

22. GENERAL

22.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

22.2 All prices and descriptions supersede all previous publications. All product descriptions are approximate.

22.3 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

22.4 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

22.5 All Contracts are concluded and available in English only.

22.6 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

22.7 A waiver by us of any default shall not constitute a waiver of any subsequent default.

22.8 No waiver by us of any of these Terms or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you by a Director of FINOTASTE LIMITED in writing.

22.9 Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

23. GOVERNING LAW AND JURISDICTION

23.1 The Website is controlled and operated in the United Kingdom, but its hosted in US.

23.2 Every purchase you make shall be deemed performed in England and Wales.

23.3 The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.