Equilibrium Markets Limited
Unit 4a Ashmead Industrial Estate
Our Terms and Conditions
Please read these terms and conditions carefully as they apply to your access and use of our website and the sale and supply of goods and services by us to you through our website www.fresh-range.com. They will also form the basis of any agreement between us should you wish to proceed with an order for goods and/or services from our website. Please read these terms and conditions carefully before you start to use our website, as these will apply to your use of our website. We recommend that you print a copy of this for future reference.
By using our website, you confirm that you accept these terms and conditions and that you agree to comply with them.
If you would like an explanation of your rights under these terms and conditions please contact our customer services department on 0117 332 2813 or email us at email@example.com.
When you have read them and wish to proceed with an order, click the "I Agree" button. If you do not agree with these terms and conditions, you are not authorised to use and must not use this website.
You may print these terms and conditions for your future reference by using the print option on your browser, however please note we may update these terms and conditions from time to time in accordance with clause 1.7 below.
When you visit our website, use our contact form or send e-mails to us, you are communicating electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
We may update these terms and conditions at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. The changes will apply to any order you wish to make after we have amended this page. If you do not wish to accept the new terms and conditions you should not make any further orders or continue to use our website. If you make further orders or continue to use our website after the date on which the change comes into effect, your order and/or your use of our website indicates your agreement to be bound by our new terms and conditions. For the avoidance of doubt, any change made to these terms and conditions will not apply to orders accepted by us prior to the date on which the changes are shown on this page or to any disputes arising out of orders made or accepted prior to that date.
We may update our website from time to time and may change the content at any time. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
OTHER APPLICABLE TERMS
These terms and conditions refer to the following additional terms, which also apply to your use of our site:
INFORMATION ABOUT US
This website is operated by Equilibrium Markets Limited, registered in England with company number 8786776 with registered office at Unit 4a Ashmead Industrial Estate, Ashmead Road, Keynsham, Bristol BS31 1TU.
To contact us, please see our contact information on our About Us pages.
All content of this website is published by us or our suppliers ("Producer Associates") and is protected by copyright or similar ownership rights which are owned by us or our Producer Associates. You may read and access the contents of this website and make copies for your own personal use only. Any other use and copying of any of the contents of this website is prohibited. All rights are reserved.
The trade marks, logos and service marks shown on our website, unless otherwise specified, are the trademarks of us or our Producer Associates. No rights are granted to use any of them without our prior written consent.
Any infringement of our rights or those of our Producer Associates will result in appropriate legal action.
YOUR PERSONAL DATA
Access to your customer account, order forms and our goods and services will be gained by using the username and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You must not disclose them to any third party.
You must tell us immediately if you believe anyone other than you knows your username or password or has access to your account by notifying us at firstname.lastname@example.org.
We reserve the right to refuse service, disable any username or password, or terminate accounts at any time if we suspect an unauthorised person is attempting to access it or in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
HYPERLINKS, FRAMING & DATA SCRAPING
This website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. We assume no responsibility and you agree we will not incur any liability for access to or the content or material on any site which is linked from or to this website. We will not be liable for any loss or damage that may arise from your use of them.
Unless otherwise agreed, any framing of this website or scraping of data is prohibited.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
fresh-range is the retail brand of Equilibrium Markets Ltd whose people, logistics and technology power this online store and consolidated delivery. These terms and conditions are provided by Equilibrium Markets Ltd and by agreeing to them you are contracting with Equilibrium Markets Ltd.
To place an order for good(s), you should register for an account by providing your relevant contact and delivery details then select your chosen delivery day. Once this is done, you can browse all product categories of interest, adding the products you wish to your trolley. A minimum order threshold of £20 exists so your trolley must contain £20 or more to enable you to checkout. You can then click the checkout button before finalising your delivery requirements - issuing any specific delivery instructions - and then enter your preferred payment card method via our secure online payments providers - Yes Pay (part of the WorldPay Total and Natwest Streamline group) and Stripe. Once your order has been placed a confirmation screen and email will be sent summarising the contents of your trolley and providing an estimated trolley cost pending final weights of product.
The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
Each order that you place is an offer by you to buy the goods and/or the services, as applicable, from us in accordance with these terms and conditions. We will in turn make an arrangement with the Producer Associates for the provision of the goods you require.
You must be over 18 years of age and resident in the United Kingdom to place an order.
We will acknowledge receipt of your order without undue delay by e-mail and via the website. Please note that our acknowledgement of receipt of your order does not mean your order has been accepted.
Your order is accepted by us when we send e-mail confirmation to you that the goods are ready for dispatch or self-collection (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
We reserve the right to place restrictions on the volume of any goods ordered.
All goods shown on the website are subject to availability. If we are unable to supply you with any of the goods you have ordered, for example because that item is not in stock or no longer available or there is not enough quantity of that item to meet your order or because of an error in the price on our website, we will inform you of this by e-mail or phone or SMS message or a combination of these communications and we will not process your order for that item. If you have already paid for the goods, we will refund you the full amount for that particular item as soon as possible to the credit card or debit card you used for payment.
We insist on reusing outer packaging up to six times in order to keep delivery prices low for you and minimise the environmental cost impact. The outer packaging used for your deliveries remains the property of Equilibrium Markets Limited and should be returned to your delivery driver upon his next visit. Keeping your outer packaging may incur a charge starting at £6 per cardboard box with wool liners and ice packs.
DESCRIPTION OF GOODS
If the goods you receive from us are not as described on our website or are faulty on the day of delivery we will accept their return and refund any money paid for the goods to the payment card used. Refunds can be honoured up to 5pm on the day after you have taken delivery or 5pm on Monday if delivery was made on a Saturday. Please see clause 14.2 below for further information.
The images of the goods on the website are for illustrative purposes only.
PRICE AND AVAILABILITY
The price and availability of our goods is as quoted on the relevant page of our website detailing the goods from time to time. The price includes all applicable taxes, including VAT (where applicable) at the current rate chargeable in the UK for the time being, but does not include the delivery charge. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in VAT takes effect.
For products where a "guide weight" is shown on the online store, a "guide price" is shown. You will only be charged for the productÕs actual weight at the point of delivery. For this reason actual prices sometimes vary by as much as 15% from the guide price. As such we only display a guide price for your trolley. The actual price can and will only be displayed at the point of delivery.
The delivery charge will be displayed when you choose your delivery at time of ordering. If you do not accept the delivery charge you will not be able to proceed any further with your order unless you choose to self-collect. Please note that self-collect is only available in limited areas.
Our Producer Associates take all reasonable care to ensure that the prices of the goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the good(s) you have ordered, please see clause 10.5 for what happens in this event.
Prices for our goods and delivery charges may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
If goods are unavailable or we need to vary the price due to: site errors; or errors or omission in the price displayed on our website or in any confirmatory correspondence, we will notify you by e-mail, phone or SMS or a combination of any or all of these methods, of this error and will give you the opportunity to continue purchasing the item at the correct price or cancel your order for that item. We will not process your order for this item until we have your instructions. If you wish to cancel, you will need to follow the cancellation process as set out in the notification.
We accept payment by credit and debit card only. We accept all major credit and debit cards. However, we do not support Paypal.
We pre-authorise your chosen payment card with the guide price shown on your estimated bill at checkout plus 10% to ensure funds are available in your account to pay your final bill on your delivery day. We pre-authorise in advance of delivery day following checkout. We deduct payment on the day we deliver the goods to you or when we make them available to you for self-collection, where available.
If we are unable to take payment from your credit or debit card, we may delay delivery of the goods or refuse to release them for self-collection until we receive the payment.
You will not own the goods until we have received payment in full.
We have appointed YesPay (part of the WorldPay Total and Natwest Streamline group) and Stripe to process credit and debit card payments on our behalf. Both YesPay and Stripe are secure payment gateways. All credit and debit card transactions conducted from this website are carried out over a secure link. By transmitting your credit or debit card details, you agree to our payment processing providers (YesPay and Stripe) using your details for the purposes of:-
Pre-authorising your credit or debit card;
Debiting your credit or debit card account for our goods you buy;
Advising us that payment has been made; and
Crediting your credit or debit card account with refunds made in respect of rejected or missing goods or cancelled orders.
DELIVERY AND SELF-COLLECTION
Please note that we only deliver goods to certain geographic areas as specified on this website. We do not deliver to addresses outside of these geographic areas.
At time of ordering the delivery charge will be displayed. You may then choose if you would like to proceed with delivery or, where available, select the self-collection option.
If you would like us to deliver the goods, you should outline when you would like delivery and provide delivery instructions that explain where we can leave your delivery when you are out and complete our order form providing all requested information so as to give us any necessary information to allow us to deliver the goods.
In some areas we offer a Timed delivery slot service. We aim to deliver the goods within the selected delivery slot; however, we will not be liable to you if we fail to do so in part or in full due to circumstances beyond our reasonable control (Event Outside Our Control). If we are unable to meet the estimated delivery slot because of an Event Outside our Control, we will contact you with a revised estimated delivery date once the Event Outside Our Control has passed.
We reserve the right to deliver the goods only to the main entrance of the specified delivery address. Our driver may at his sole discretion carry the goods into the delivery address, but will do so only if they have your permission to enter the property and if he believes it is safe to do so.
Delivery will be completed when we deliver the goods to the address you gave us. The goods will be your responsibility from the completion of delivery or once you have collected the goods from us. You own the goods once we have received payment in full, including all applicable delivery charges.
An adult aged 18 years or over must receive the goods upon delivery. We operate a "Think-25" policy. If our driver judges the person receiving the goods looks under 25 years of age, they may request proof of age.
If we try to deliver the goods to the specified delivery address, but cannot because:
there is no one to accept the delivery; or
our driver thinks the person receiving the delivery is under 25 and no proof of age is available,
you asked for the goods to be left in a secure place but for whatever reason the driver deems it to be insufficiently secure or inappropriate for any reason we may return the goods to our depot, in which case you will have to contact us to arrange a new time for delivery or, where available, self-collection. If the attempt was made within the agreed delivery slot and we need to return to make the delivery, a further charge may be payable.
Where available, if you would like to collect the goods, you must choose a collection date and location from those available. At this time the collection charge (if any) will be displayed. You may then choose if you would like to proceed with your order. Collection points may not be available to all customers at all times.
The goods must be received by an adult aged 18 years or over. If our collection point staff member thinks the person seeking to collect the goods looks under 25 years of age, he will request proof of age. If no proof of age is available, the goods will not be released.
Please note that where an order contains perishable goods and delivery or self-collection has been delayed for any reason attributable to you (for example, including but not limited to, situations where no one aged 18 or over is available to take delivery or make collection or no suitable proof of age is available to our driver or staff member or no-one is available to accept delivery at the specified delivery address or you fail to collect the goods on the collection date and at the location you specified at the time of ordering, or there is not a place that is secure to leave the shopping if you are out), we will not have any liability in respect of goods that have passed their "best before", "sell by" or "use by" date as a result of such delay or have deteriorated in any way. In particular, by law we are prohibited from releasing goods that have passed their "use by" date and we will dispose of any such goods. In these situations specified in this clause 12.11, because we have not caused the delay, you will not be entitled to any refund.
LIMITS OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 13
This website is provided on an "as is" and "as available" basis. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions, and that they comply with them.
Nothing in these terms seeks to limit or exclude our liability for death or personal injury through our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12 of the Sales of Goods Act 1979 (title and quiet possession), any breach of the terms implied by section 13 to 15 of the Sales of Goods Act 1979 (description, satisfactory quality and fitness for purpose) or defective products under the Consumer Protection Act 1987 or if we cause damage to your property and that cause is our fault.
Provided you are not purchasing the goods for business purposes, we are also not seeking to exclude or limit our responsibility for loss caused by:-
the goods not matching our description of them;
the goods not being of the quality you would generally expect of the type of goods in question;
the goods not being fit for the purpose for which such goods are generally used; or
us not having the legal right to sell the goods to you.
Other than the liability we have accepted as described above, we will not be liable for any loss or damage you suffer because of any breach of the contract between us except those loss or damage which is reasonably foreseeable by both of us at the time we enter into a contract with you. In addition, since the goods and services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement.
YOUR RIGHT TO CANCEL
Prior to Delivery or Self-CollectionIn addition to your statutory rights, you may change or withdraw your order at any time before the order cut off time for your chosen delivery date. When you select your delivery date you will be informed of the order cut off time. This is generally 3pm, two days before the day of delivery. For example for a Friday delivery the order cut off time is 3pm on Wednesday. You can telephone to cancel your order on 0117 332 2813, quoting the relevant order reference number (which you can find on our order confirmation which we emailed to you).
After Delivery or Self-Collection
Following delivery or self-collection of the goods, you have a right to cancel your order without penalty in accordance with clause 9 if the goods are not as described on our website or are faulty on the day of delivery or on the day of self-collection on the date you chose for collection or perish within an unreasonable time. This right can be exercised by telephoning us on 0117 332 2813 before 5pm on the following working day. This means for deliveries made on a Saturday, refunds can be issued until 5pm on Monday. Please quote the relevant order reference number (which you can find on our order confirmation).
If you return the goods under this clause 14.2, we may ask you to return the goods to us at your cost or make them available for collection by us. Where we deem a refund necessary, we will refund all sums paid by you as soon as possible and in any case within 30 days of you giving us notice of cancellation.
Non-availability of goods Where we are unable to fulfil your order in time for your chosen delivery or self-collection slot we:
shall inform you which goods we are unable to supply and we will not take payment in respect of those goods; or
may supply goods of equivalent price and quality but if you return these substitute goods by exercising your right to cancel, we shall bear the cost of their return.
As a consumer you have certain statutory rights regarding statements made in public by us or our representatives or the producer of the goods, the return and replacement of defective or mis-described goods and the performance of services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may require us to reduce the price you have paid for defective or mis-described goods or cancel your contract with us. Nothing in these terms and conditions affects those statutory rights.
You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling goods or services online. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations.
COMPLAINTS AND RETURNS
The www.fresh-range.com website is provided by Equilibrium Markets Limited. We are committed to meeting the highest quality standards in the goods we sell and in the delivery of the service we provide to our customers and offer a returns policy set out in clauses 9 and 13 of these terms and in About Us on our website. We aim to provide an efficient and effective service and we take any problems that do arise very seriously indeed. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. If you have any cause for complaint with regard to the goods or our delivery or self-collection services please contact us on 0117 332 2813. We will investigate your complaint in accordance with our complaints procedure which involves:
acknowledging any complaint and responding within 28 days or, if that is not possible to respond fully within that time, letting you know within that time when we will be able to respond fully;
carrying out a full review of your complaint;
responding to you with our views on your complaint and how we propose to resolve it;
if you are not satisfied with our response, instigating a further review by our customer service department.
refunding money to your payment card to the value of the product or products if it is determined they are faulty.
Our website is operated and controlled from England and these terms and conditions and your use of this website and any complaints arising under them are governed by and construed in accordance with the laws of England.
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement the postal address for complaints is Equilibrium Markets Customer Service, Unit 4a Ashmead Industrial Estate, Ashmead Road, Keynsham, Bristol BS31 1TU.
These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations.
We do not guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a virus, distributed denial-of service attack, or such other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for the purchase of goods through our website that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract for the purchase of goods through our website: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under such contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
We may transfer our rights and obligations under these terms and conditions and any contract entered into between you and us for the purchase of goods from our website to another organisation or company, but this will not affect your rights or our obligations under these terms and conditions. We will always notify you by posting on this webpage if this happens.
You are not permitted to transfer your rights and obligations under these terms and conditions without our written authority.
This authority will not be refused without good reason. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
When we refer in these terms and conditions to "in writing", this includes email. If we have to contact you or give you notice in writing we will do so by email or by pre-paid post to the address you provided us in your order.
These terms and conditions are governed by English law. This means a contract for the purchase of goods through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.