Snackpax Terms of Service

1.      INFORMATION

1.1      We are Snackpax Distribution Limited, part of the Vertas group of companies. We are a company registered in England and Wales. Our company registration number is 09601986 and our registered office is at Beacon House, 1 White House Road, Ipswich, Suffolk IP1 5PB. Our registered VAT number is 234 2326 38.

1.2 You may contact us following the information on our ‘Contact us’ page. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.

2.      THESE TERMS

2.1      These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.2      Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

2.2.1   you are an individual; or

2.2.2   you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

2.3      If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

3.    OUR CONTRACT WITH YOU

3.1      Our acceptance of your order will take place when we email you confirming the products have been dispatched (Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.

3.2      The Contract will relate only to those products listed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation (at which point a new Contract will be formed in respect of only those products).

3.3      If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.4      We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK, nor will we deliver to addresses outside the UK.

4.      OUR PRODUCTS

4.1      Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

4.2      Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3      Allergy information. We use reasonable endeavours to highlight any allergy information that is made available to us in respect of the products.

5.      YOUR RIGHTS TO MAKE CHANGES

5.1      If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract.

6.      OUR RIGHTS TO MAKE CHANGES

6.1      The product may be changed to reflect changes in relevant laws and regulatory requirements.

6.2      In addition, other changes may be made to these terms or the products, but if we do so we will notify you, you may then contact us to end the Contract before the changes take effect and receive a refund for any products paid for, but not received.

7.      PROVIDING THE PRODUCTS

7.1      The costs of delivery will be as displayed to you on our website.

7.2      We will use reasonable endeavours to deliver the product(s) by the date set out in the Dispatch Confirmation (the Delivery Date). If no Delivery Date is provided we will use reasonable endeavours to deliver the product(s) within a reasonable period from issuing the Dispatch Notice and in any event within 30 days.

7.3      We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.

7.4      If you are not at your address when the product is delivered. We require all products to be signed for. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.

7.5      If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the Contract and clause 10.2 will apply.

7.6      A product will be your responsibility from the time we deliver it to the address you gave us. You own a product once we have received payment in full.

8.      YOUR RIGHTS TO END THE CONTRACT

8.1      You can end the Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:

8.1.1   if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

8.1.2   if you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3   if you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products; and

8.1.4   in all other cases (if we are not at fault and you are not exercising your right to change your mind under clause 8.1.3), see clause 8.6.

8.2      If you are ending a contract for a reason set out below, the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1   we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

8.2.2   we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3   there is a risk that supply of the products may be significantly delayed because of events outside our control; or

8.2.4   you have a legal right to end the Contract because of something we have done wrong.

8.3      If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days after the day you receive the delivery, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4      When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

8.4.1   products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

8.4.2   any products which become mixed inseparably with other items after their delivery.

8.5      Even if we are not at fault and you are not exercising your right to change your mind under clause 8.1.3, you can still end the Contract before it is completed, but you may have to pay us compensation. A contract is completed when the product is delivered and paid for. If you want to end a contract before it is completed, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.

9.      HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1      To end the Contract with us, please let us know by contacting us using the details listed on our ‘Contact Us’ page. You may also complete a cancellation form and send it to us at the address on the form. Alternatively, you can simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2      If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us at the address stated on our ‘Contact Us’ page. Please contact us for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the Contract.

9.3      We will pay the costs of return:

9.3.1   if the products are faulty or misdescribed; or

9.3.2   if you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.4      If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, if you are exercising your right to change your mind under clause 8.1.3; as described below.

9.4.1   we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop (if we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount) and

9.4.2   the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (for example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option).

9.5      We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind under clause 8.1.3 then, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.    OUR RIGHTS TO END THE CONTRACT

10.1    We may end the Contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.

10.2    You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

10.3    We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11.    IF THERE IS A PROBLEM WITH THE PRODUCT

11.1    If you have any questions or complaints about the product, please contact us using the details on our ‘Contact Us’ page.

12.    YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1    If you are a consumer we are under a legal duty to supply products that are in conformity with the Contract. Nothing in these terms will affect your legal rights.

12.2    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

12.2.1 up to 30 days, if your products are faulty, then you can get an immediate refund; and

12.2.2 up to six years, if your products do not last a reasonable length of time you may be entitled to some money back.

12.3    Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you return them to us.

13.    YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

13.1    If you are a business customer, we warrant that on delivery any products shall:

13.1.1 conform in all material respects with their description and any relevant specification;

13.1.2 be free from material defects in design, material and workmanship;

13.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

13.1.4 be fit for any purpose held out by us.

13.2    We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:

13.2.1 you make any further use of such product after giving a notice in accordance with clause 13.3.1;

13.2.2 the defect arises because you failed to follow our oral or written instructions as to the storage or use of the product or (if there are none) good trade practice;

13.2.3 the defect arises as a result of wilful damage or negligence.

13.3    Subject to clause 13.2, if:

13.3.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;

13.3.2 we are given a reasonable opportunity of examining such product; and

13.3.3 you return such product to us at our cost,

we shall, at our option replace the defective product, or refund the price of the defective product in full.

13.4    Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.

13.5    These terms shall apply to any replacement products supplied by us under clause 13.3.

14.    PRICE AND PAYMENT

14.1    The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2    We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3    It is always possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any products provided to you.

14.4    We accept payment with Visa and MasterCard. Payment will be made through the website at the time of ordering but we will not charge you until we dispatch the products to you.

15.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1    If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.

15.3    We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1    Nothing in these terms shall limit or exclude our liability for:

16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.1.2 fraud or fraudulent misrepresentation;

16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

16.1.4 defective products under the Consumer Protection Act 1987; or

16.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2    Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3    Subject to clause 16.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

16.3.1 loss of profits;

16.3.2 loss of sales or business;

16.3.3 loss of agreements or contracts;

16.3.4 loss of anticipated savings;

16.3.5 loss of or damage to goodwill;

16.3.6 any indirect or consequential loss.

16.4    Subject to clause 16.1 and clause 16.3, our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under the Contract.

17.    HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1    We will use the personal information you provide to us:

17.1.1 to supply the products to you;

17.1.2 to process your payment for the products; and

17.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

17.2    We will only give your personal information to third parties where the law either requires or allows us to do so.

18.    OTHER IMPORTANT TERMS

18.1    We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

18.2    You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3    Nobody else has any rights under the Contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.4    If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5    Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6    Which laws apply to the Contract and where you may bring legal proceedings if you are a consumer? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7    Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may use the online dispute resolution (ODR) platform to resolve the dispute. For more details, please visit the website on the ‘Your Europe’ portal: (https://webgate.ec.europa.eu/odr).

18.8    Which laws apply to the Contract and where you may bring legal proceedings if you are a business? If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 

 

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