Terms & Conditions
Please read these terms and conditions carefully, as they contain important information about your rights and obligations when you order products from us, or when you use information posted on our website.
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In placing an order for any of our products, or by accessing the information on our website, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions for future reference.
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A reference in these terms and conditions to “you” or “your” is a reference to you as a customer of our Products and/or as a user of our website. A reference to “we”, “us”, “our” is to Fresh Beginnings.
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In addition to providing meals and other products Fresh Beginnings shares information via our website freshbeginnings.co.uk for general information purposes only. We cover a wide variety of topics on paediatric (child) nutrition, allergies and feeding. The information shared is always based on evidence or practice based credible sources at the time of writing, but it is not specific advice on which you should rely. Such information should never be a replacement or substitute for individualised dietetic or medical advice. We cannot give personalised or specific clinical advice and cannot consider your specific personal circumstances. The information posted is for general information purposes only, and if you have any concerns about your child’s health, nutrition, growth or allergies please seek support from your GP or a medical professional.
WHAT THESE TERMS COVER.
These terms and conditions govern the relationship between you and Fresh Beginnings when you order any of the products listed on our website and when you access or use information posted on our website.
Please tick the accept box if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our website.
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HOW TO CONTACT US
You can contact us by email at: customerservice@freshbeginnings.co.uk
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HOW WE MAY CONTACT YOU
If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
1. OUR CONTRACT WITH YOU
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YOUR STATUS
By placing an order through our website, you confirm that: you are legally capable of entering into binding contracts; and you are at least 18 years old.
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PLACING YOUR ORDER
Please take time to read and check your order at each page of the order process. After placing an order for our products, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to us to buy the products specified in your order.
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ACCEPTING YOUR ORDER
A contract is formed between you and us when we accept your order, at which point you will be sent a dispatch confirmation via email. We are under no obligation to accept any order.
If we are unable to accept your order, we will inform you of this in writing (unless we suspect fraud) and will not charge you for your order.
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ORDER NUMBER
We will assign an order number to your order and tell you what it is when we accept your order. Please quote your order number whenever you contact us about your order to help us help you.
2. OUR PRODUCTS
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OUR WARRANTY REGARDING THE PRODUCTS
We confirm to you that any Product purchased from us through our website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for the purpose for which products of that kind are commonly supplied.
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NO WARRANTY IN RESPECT OF WEBSITE CONTENT
We give no warranty in respect of the content of the posts, videos, recipes or other information posted on our website (except in so far as they provide specific factual information in respect of the products), which are provided for general information only and should not be relied on by you or any other person.
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PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES
The images of the products on our website are for illustrative purposes only. The products delivered may vary slightly from the images we use on the website and our recipe cards. This could be due to ingredients and seasonality or how the images are displayed on particular devices.
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PRODUCT WEIGHTS MAY VARY
Any weights of the products are approximations only unless we state otherwise.
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YOUR OBLIGATIONS REGARDING THE PRODUCTS
You are responsible for inspecting the products on delivery and for unpacking and storing them correctly (including where products are required to be frozen). You are also responsible for preparing and cooking the products. Due to the varied nature of cooking appliances, our cook times are a guide only; you are responsible for ensuring the product has reached a suitable temperature as advised on pack. We accept no liability for loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of the products.
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PRODUCT PACKAGING MAY VARY
The packaging of the products may vary from that shown on images on our website.
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ALLERGIES
If you or your child (or any other person who expects to use the products) have an allergy, you are responsible for checking our packaging and Website to ensure that a Product does not contain a relevant allergen. If you are not sure, please contact us at customerservice@freshbeginnings.co.uk
All of the packaging for our products is labelled to show any allergen advice. Any severe allergy sufferers should contact us before placing an order.
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PRODUCTS MAY BE SUBSTITUTED FOR REASONABLE ALTERNATIVES
We may occasionally substitute any element of your order with a reasonably suitable alternative. Where possible we will notify you of any significant substitutions in advance.
3. DELIVERY
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DELIVERY INSTRUCTIONS
It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions.
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DELIVERY DATES MAY VARY
Unless otherwise stated, delivery dates given on our website are estimates only.
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DELIVERY TO YOUR ADDRESS OR SAFE SPACE
As we are delivering perishable foods, they must be delivered on the day and no further delivery attempts will be made. As such, you must provide us with a safe place to deliver to in case you are not home to receive delivery. If you do not give us instructions regarding delivery to a suitable safe place and you are not available to take delivery on the delivery date, if possible your order will be left in a place that the courier considers reasonably safe (which may include delivery to a neighbour).
If we have left your products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept any liability, but may offer you a refund or other compensation at our complete discretion.
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DELAYS OUTSIDE OF OUR CONTROL
If we are delayed in supplying the products because of an event outside our control then we will contact you and let you know and we will take steps to minimise the effect of the delay. 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.
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IF YOUR PRODUCTS ARE NOT ABLE TO BE DELIVERED
If you are not available to take delivery on the delivery date and the courier is unable to leave your products in a reasonably safe place, we will not attempt any further delivery of those products and you will be charged for the products that we have been unable to deliver.
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WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCTS
The products will become your responsibility from the time we deliver the products to your address or safe place, or the point at which the courier leaves the box in a reasonably safe place.
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WHEN YOU OWN THE PRODUCTS
Ownership of the products passes to you when we have received payment in full of all sums due in respect of such products, including any applicable delivery charges.
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DELIVERY RESTRICTIONS
We currently only sell & deliver within mainland UK
REASONS WE MAY SUSPEND SUPPLY OF THE PRODUCTS TO YOU
We may have to suspend supply of products to you to:
(a) deal with technical problems or make minor changes;
(b) update the products to reflect changes in applicable laws and/or regulatory requirements.
If we do so, we will contact you in advance where possible and in such circumstances you will have the opportunity to cancel your contract.
4. RETURNS AND REFUNDS
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RIGHTS OF RETURN AND REFUND
As our products contain fresh and perishable food, you are not entitled to the “normal” right to return goods within 14 days after the day you receive them, simply if you change your mind. This is because the food is likely to have a best before date within only a few days of delivery of the products.
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RIGHT OF RETURN AND REFUND IF THE PRODUCTS ARE DEFECTIVE OR NOT AS DESCRIBED
Because you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. You have legal rights in relation to products that are defective or not as described. If the products we deliver to you are defective or are not as described on our website, you should contact us and report such defect or misdescription as soon as possible (we ask that this is within 3 days from delivery of the products and if possible we ask that you send us a photograph as evidence of the defective or misdescribed product - this will assist in processing your refund quickly).
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We will ask you to safely dispose of any product that is defective or misdescribed and if we agree that it is defective or misdescribed (acting reasonably) we will offer you the choice of either an exchange or a refund of the price of the product in full.
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PAYMENT OF REFUNDS
If you are entitled to (and request) a refund, we will refund you within 14 days after the day on the earlier of:
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the day we receive the product back from you (if requested by us);
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the day on which you provide us with acceptable evidence that you have sent the product back to us; or`
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the day on which you provide us with acceptable evidence that the product is defective or misdescribed and we have agreed for you to dispose of the Product.
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CIRCUMSTANCES IN WHICH A FULL REFUND MAY NOT BE APPROPRIATE
We try our best to ensure that our products are perfect 100% of time, but we are sure you will agree that this is not always possible. In the event of a minor defect (for example, failing to include one ingredient which is not the main ingredient, or substituting a red pepper for a yellow pepper) we reserve the right to use our discretion as to whether a full refund is applicable or not. We will act reasonably and may offer you a partial refund or a voucher.
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METHOD OF PAYMENT OF REFUNDS
We will refund you by the method used by you to pay.
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MORE INFORMATION ABOUT YOUR LEGAL RIGHTS
Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. Your legal rights are not affected by your right of return and refund in this clause or anything else in these terms and conditions.
5. PRICE AND PAYMENT
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PRICING OF YOUR PRODUCTS
The price of your products (and any applicable delivery charges) will be as quoted on our website at the time you place your order, except where there is an obvious error.
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ERRORS IN PRICING
If there is an obvious error that is identified prior to dispatch of your order, we will notify you by email and will give you the option to cancel your order.
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HOW AND WHEN PAYMENT MUST BE MADE
Payment for all products must be by credit or debit card and we require payment before we dispatch the products.
6. USE OF PERSONAL INFORMATION
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HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our privacy policy.
7. DISCOUNT CODES AND GIFT CARDS
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USE OF DISCOUNT CODES AND GIFT CARDS
You may use a discount code if it has been issued or authorised by us for our products.
Discount codes and gift cards may only be applied towards future orders and cannot be exchanged or refunded for cash.
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DISCOUNT CODES AND GIFT CARDS MAY BE SUBJECT TO CERTAIN LIMITATIONS
Please check if there are time limits to the discount codes and gift cards as you may only have a limited period to use them. No change or credit will be given for unused portions of a gift card.
We may apply maximum limits to the value of gift cards and the amount you can claim a discount code on.
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DISCOUNT CODES MAY BE CANCELLED AND GIFT CARDS MAY BE REFUSED IF SUSPECTED TO BE FRAUDULENT
We reserve the right to cancel discount codes at any time. We also reserve the right to reject discount codes and gift cards if we suspect any fraud.
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NO LIABILITY FOR LOST, STOLEN OR DAMAGED GIFT CARDS OR DISCOUNT CODES
We will not accept liability for any discount codes or gift cards that are lost, stolen or damaged.
8. OUR LIABILITY TO YOU
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CIRCUMSTANCES IN WHICH WE DO NOT LIMIT OUR LIABILITY TO YOU
Nothing in these terms in any way limits or excludes our liability to you:
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for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
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for fraud or fraudulent misrepresentation;
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for breach of your legal rights in respect of the products; or
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in any other way that would not be permitted by law.
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WHEN WE WILL BE LIABLE TO YOU
If we fail to comply with these terms we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract.
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AGGREGATE LIMITATION OF OUR LIABILITY TO YOU
Subject to the other provisions of this, our maximum aggregate liability to you under your contract with us shall be limited to the price of the products to which our breach relates.
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TYPES OF LOSSES THAT ARE EXCLUDED
We do not in any circumstances accept liability for any of the following types of losses:
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loss of income or profit;
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loss of business;
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business interruption, including waste of management or office time;
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loss of anticipated savings; or
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loss or corruption of data, information or software.
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CIRCUMSTANCES IN WHICH WE ACCEPT NO LIABILITY
We accept no liability for any loss, damage or injury arising:
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in the circumstances described in the above
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as a result of the advice, recipes or instructions provided to you on our website or in conjunction with any of our products, which are provided for general information only.
9., OTHER IMPORTANT TERMS
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WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under your contract with us 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 your contract.
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YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under your contract with us to another person if we, in our absolute discretion, agree to this in writing in advance.
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NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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IF A COURT FINDS PART OF THIS 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.
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EVEN IF WE DELAY IN ENFORCING THIS 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 this 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.
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WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS.
These terms are governed by English law and you can bring legal proceedings in respect of the products and/or your contract with us in the English courts.
