TERMS OF SALE
Please read these terms carefully. By submitting an order on our site you are agreeing to the terms that appear below. To buy our snack products from our site, you must be eighteen years of age or over.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our snack products to you.
1.2 Why you should read them. 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 or would like to clarify them, please contact us to discuss, by email to email@example.com.
1.3 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
- You are an individual.
- You are buying products from us for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. 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 this agreement.
1.5 We only sell products for consumption, not resale. You are not permitted to resell the products – please contact us at firstname.lastname@example.org for our wholesale terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are 108 Foods Ltd, a company registered in England and Wales. Our company registration number is 09840091 and our registered office and trading address is C/O Wm Brown (Registrars) Limited, 49 Queens Gardens, London, United Kingdom, W2 3AA.
2.2 How to contact us. You can contact us by emailing our customer service team at email@example.com.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because the product you’ve ordered is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of an issue or change in our business operations, or because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK and Switzerland. Our website is solely for the promotion of our products in the UK and Switzerland. Unfortunately, we do not accept orders from addresses outside the UK and Switzerland.
4. OUR PRODUCTS
4.1 Products may vary slightly from the pictures on our site. The images of our snack 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 devices display of the colours accurately reflects the colour of the products or its packaging. Your products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a tolerance.
4.2 Products packaging may vary. The packaging of the products may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the products 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 products, 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.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.2 All our products are subject to availability. Some products types will inevitably go out of stock and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the products you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.
6.3 More significant changes to the products and these terms. In addition, as we informed you in the description of the products on our website, we may make changes to these terms or the products, but if we do so we will notify you and 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. DELIVERING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website when you make your order. Our delivery charges will be set out during the order process.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
7.3 Receiving the Delivery. We will normally only make deliveries during business hours. In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.
7.4 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.
7.5 Customs. When ordering products for delivery outside of the UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.1 If you subscribe to a regular delivery of products, this will continue until cancelled. The price of each order will be charged to the payment method used to create your subscription.
8.2 Cancelling your Subscription. You may modify or cancel your subscription at any time on the website or by emailing us at firstname.lastname@example.org. Cancellation or modification will not affect orders for which you have already been dispatched.
8.3 We retain the right to cancel your subscriptions at any time. If your subscription is cancelled, you will be notified and you will only be charged for orders which have already been dispatched.
8.4 Reasons we may suspend the supply of products to you. If you have placed an order for a regular delivery subscription, we may have to suspend the supply of products to:
(a) deal with technical problems or make minor technical changes;
(b) update the products to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the products as requested by you or notified by us to you (see
clause 6 ).
8.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend supply of the products we will adjust the price so that you do not pay for products while the subscription is suspended. You may contact us to end the subscription for products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month.
8.6 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of
the products. We will not charge you for the products during the period for which they are suspended.
9. DEFECTIVE PRODUCTS
9.1 You should inspect the products promptly at the time of delivery and notify us of any defects promptly after delivery. If you discover a product is faulty, please email email@example.com as soon as possible. We will arrange with you for the goods to be returned to us. On receipt of the goods, we will promptly and fully refund the price of any products that are defective, or else arrange for the delivery of replacement products.
9.2 As a consumer, you have certain legal rights regarding the return of faulty or misdescribed goods. Our refund procedure described above does not affect your legal rights in relation to such goods. Our returns policy is in accordance with statutory rights under the Consumer Contracts Regulations 2013. For further information about your legal rights contact your local authority Trading Standards Department, or Citizens Advice.
10. IF YOU ARE A CONSUMER - YOUR RIGHTS TO CANCEL THE CONTRACT
10.1 How long do consumers have to change their minds? You have until 14 days after the day you (or someone you nominate) receives the products.
10.2 Tell us you want to end the contract. To end the contract with us, please let us know, for example by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.3 Returning products after ending the contract. 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. You must post them back to us at the address we communicate to you. If you are a consumer exercising your right to change your mind you must send us the products within 14 days of telling us you wish to end the contract.
10.4 When we will pay the costs of return. We will pay the costs of return if the products are damaged when you receive them, or misdescribed. In all other circumstances you must pay the costs of return.
10.5 How we will refund you. 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.
10.6 When you will not be entitled to a refund. If you are exercising your right to change your mind:
(a) We may refuse to refund the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling it in a way which would not be permitted in a shop. For example, if you open any sealed packaging or unwrap any biscuits, snack bars or chocolate.
(b) 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 standard delivery of products within one period at one cost but you choose to have the products
delivered within a shorter period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to
return products to us, see clause 10.3 .
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.8 This clause 10 does not apply to you unless you are a consumer.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can write to us at email@example.com.
12. PRICE AND PAYMENT
12.1 Where to find the price for the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the products you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products; correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products; 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.
12.3 When you must pay and how you must pay. We accept payment through payment card. you must pay for the products before we dispatch them. We will not charge your payment card until we dispatch the products to you.
12.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13. IF YOU ARE A CONSUMER - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. 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 this 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.
13.2 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 including the right to receive products which is: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for any safety issues with the products.
13.3 We are not liable for business losses. If you are a consumer, we only supply the products for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 14 .
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
14.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) 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; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in clause 14.1 , 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.
14.3 Subject to clause 14.1 :
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) 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 100% of the total sums paid by you for products under such contract.
15. OTHER IMPORTANT TERMS
Which laws apply to this 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. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
15.1 Online 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, please note that disputes may be submitted for online resolution to the
European Commission Online Dispute Resolution platform - https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
15.2 Which laws apply to this 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.
WEBSITE TERMS & CONDITIONS
Who we are and how to contact us
Welcome to 108 Foods! www.rhythm108.com is a site operated by 108 Foods Ltd ("We"). We are registered in England and Wales under company number 09840091 and our registered office and trading address is C/O Wm Brown (Registrars) Limited, 49 Queens Gardens, London, United Kingdom, W2 3AA. To contact us, please email us at firstname.lastname@example.org.
By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
- Our Terms of Sale, which sets out the terms applicable to you if you purchase any snack products from us.
We amend these terms from time to time. Every time you wish to use our site or place an order, please check these terms to ensure you understand the terms that apply at that time.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our trade marks
“108 Foods” and the 108 Foods logo are registered trade marks of 108 Foods Ltd and our sister companies in the 108 Foods group. You are not permitted to use them without our approval.
Welcome to Rhythm 108! This website is brought to you by 108 Foods Ltd. We take the privacy
carefully as it contains important information about how we will use your personal data.
For the purposes of the data protection legislation, 108 Foods Ltd ("we" or "us") is the "data controller" (i.e. the company who is responsible for, and controls the processing of, your personal data).
We use your data to provide and promote our snack products to you, keep you informed of our products, and to meet and enforce our legal obligations.
Generally, we do not give your information to third parties, but there are some exceptions where we use external service providers to power our operations.
We are happy to answer your questions about any of this – email us at email@example.com.
Personal data we may collect about you
We will obtain personal data about you (such as your name, address, email address and payment details) whenever you place an order for goods from our site, or if you create an account on our site.
How we use your personal data
We use your information for the following purposes:
• to help us identify you and any accounts you hold with us;
• retargeting you on other websites you may visit (see the ‘Retargeting’ section below);
• research, statistical analysis and behavioural analysis;
• customer profiling and analysing your purchasing preferences;
• (if you have consented to it) marketing—see "Marketing and opting out", below;
• fraud prevention and detection;
• billing and order fulfilment;
• customising this website and its content to your particular preferences;
• to notify you of any changes to this website or to our services that may affect you; and
• improving the products we sell.
Our site uses Google AdWords & Facebook retargeting services. This allows us to advertise to previous visitors to our site, when they subsequently visit other websites.
This could be in the form of an advertisement on the Google search results page, a site in the Google Display Network, or somewhere on Facebook. Google and Facebook drop cookies into your browser to serve ads based on your past visits to our website. Any data collected by those cookies will be used in accordance with Google and Facebook’s privacy policies.
If you’d prefer us not to do this, you can opt-out at any time by visiting the links below:
Marketing and opting out
If you have given us your permission, we may contact you by email about products that may be of interest to you. If you prefer not to receive any direct marketing communications from us, you can opt out at any time. See further "Your rights", below.
Disclosure of your personal data
We may disclose your personal data to:
• our warehouse and fulfilment provider, CS Codestorm, located in the United Kingdom.
• our delivery agents and service providers (including FedEx and Royal Mail).
• Our site hosting partner, Gyrom Internet Ltd, located in the United Kingdom.
• PayPal, which provides payment processing services in respect of orders placed from our site.
• Mailchimp, our email service provider, to help us send our newsletter.
Under certain circumstances we will transfer your information outside of the United Kingdom and European Economic Area. We will only do when it is necessary to perform a contract we have with you or where the receiving organisation has adequate safeguards in place – for example certification under the EU-US Privacy Shield framework.
Mailchimp is based outside the EEA, in the USA. The USA does not have the same data protection laws as the United Kingdom and European Economic Area (“EEA”). Whilst the European Commission has not given a formal decision that the USA provides an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information to Mailchimp will be subject to the EU-US Privacy Shield, which is a safeguard sanctioned under the EU General Data Protection Regulation for personal data transferred outside the EEA. Mailchimp is certified under the EU-US Privacy Shield. You can view their certifications by searching for the company name here - https://www.privacyshield.gov/list. More detail on the EU-US Privacy Shield is available here - https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
• access to your account is controlled by a password and username that are unique to you;
• we store your personal data on secure servers; and
• payment details are encrypted using SSL technology.
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
• access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
• require us to correct any mistakes in your information which we hold
• require the erasure of personal information concerning you in certain situations
• receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• object at any time to processing of personal information concerning you for direct marketing
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• object in certain other situations to our continued processing of your personal information
• otherwise restrict our processing of your personal information in certain circumstances
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
• email us at firstname.lastname@example.org;
• let us have enough information to identify you,
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
• let us know the information to which your request relates, including any account or reference numbers, if you have them.
If you would like to unsubscribe from any email newsletter you can also click on the ‘unsubscribe’ button at the bottom of the email.
How long your personal information will be kept
• Payment and Transaction data: we will retain this as long as needed for the purposes of meeting our tax and accounting obligations.
• Name and email addresses for those who sign up to our newsletter: we will keep this for [2 years] following your last interaction with us.
• Cookie data: Cookies are deleted after the period specified in our Cookies Policy.
A cookie is a small text file which is placed onto your device when you access our website.
Our contact details
We welcome your feedback and questions. If you wish to contact us, please send an email to email@example.com.
How to complain
We hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
Changes to this privacy notice
We may change this privacy notice from time to time; when we do we will inform you via email where appropriate.
Legal Bases for Processing
We use a number of different legal bases for processing your data. Further details on each of them are set out here.
Legitimate Interest – This means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact
on you in respect of specific activities by contacting us.
Performance of Contract: This means processing your data where it is necessary for the performance of a contract between us and you (that is, selling you our products) or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation: In some cases, we will process your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Consent: where we use your consent as the basis for processing your data, this means your affirmative, informed consent. We use consent as a basis for sending you our newsletter.
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