This page (together with the documents referred to on it) sets out the terms and conditions (Terms) on which FIT will deliver to you; meals, snacks and beverages (together the Food) ordered from FIT’s Site www.fooditrust.com (the Site) (together the Services). Please read these Terms carefully before subscribing to FIT Services. By ordering any of FIT’s Food by subscribing to one of FIT’s Services, you agree to be bound by these Terms.
You agree to be subject to the Terms in force from time to time. FIT will notify you by email of any significant changes to FIT’s Terms via email. Subscribing to FIT Services will be deemed as acceptance of these terms.
1 About Us
1.1 We are FIT FOOD DELIVERY LIMITED (FIT) trading as FIT FOOD I TRUST, a Limited Company registered in England and Wales under company number 12313679, FIT’s registered office is First Floor, 244 Edgware Road, London, W2 1DS, England
1.2 FIT operate the Site www.fooditrust.com.
2 Service availability
2.1 FIT Services are only intended for people residing in the United Kingdom, within select areas and postcode. FIT do not accept orders from individuals outside the Serviced Area.
3 Your status
3.1 By placing an order through the Site, you warrant that:
– 3.1.1 you are legally capable of entering into binding contracts;
– 3.1.2 you are at least 18 years old; and
– 3.1.3 you are resident and/or require delivery to the Serviced Area.
4.1 FIT strongly recommend that you seek medical advice before starting any nutritional program.
The information provided by FIT is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or other FIT publications, including social media bulletins. This includes any advice FIT provide to you by email, over the telephone or in person.
4.2 If you have a medical condition which affects your dietary requirements (eg allergies, intolerances and certain illnesses), you must not use FIT, or must take your own medical advice before using FIT. Being under 18, or severely underweight, or pregnant, or breastfeeding may also affect your dietary requirements and you should check with your medical adviser before using FIT. If any of these circumstances apply to you, you must inform our nutrition team of the circumstances that apply, and the medical advice received. We may decline to allow you to use FIT. If you choose to use FIT, you do so at your own risk
4.3 If you have any type of food allergy, FIT ask that you refrain from eating FIT Food.
5.1 Results from the purchase of FIT Food are not guaranteed. For the best results Food should be combined with daily exercise.
5.2 Results will vary from person to person. Results (measured in terms of fat loss and lean muscle gain) may vary from person to person for several reasons including but not limited to environment, genetics, metabolic rate, and physical exertion.
6 Your account
6.1 You will be required to create an account on the Site before subscribing to the Services, your username and password will be automatically generated by the Site. You are responsible for all actions taken under your chosen username and password.
6.2 By creating an account on the Site you warrant:
– 6.2.1 that all the details you provide are true, accurate, current and complete in all respects;
– 6.2.2 to notify us immediately of any changes to your account information;
– 6.2.3 to only create one (1) account and to only use the Site using your own username and password;
– 6.2.4 not to disclose your password to anyone and to make every effort to keep your password safe;
– 6.2.5 to change your password immediately upon discovering that your account has been compromised; and
– 6.2.6 to notify us if you suspect someone has accessed your account without permission.
6.3 FIT reserve the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:
– 6.3.1 you breach these Terms;
– 6.3.2 you are impersonating any other person or entity;
– 6.3.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
– 6.3.4 FIT suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to the Site.
7 Order Process
7.1 After subscribing to the Services on the Site, you will receive an e-mail acknowledging that FIT have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and FFF will confirm such acceptance to you by sending you an e-mail confirmation.
7.2 The contract between us (Contract) will only be formed after FIT have debited your payment card and confirmed receipt of your order by email. Any products which FIT have not confirmed in the email will not form part of the Contract and any suitable arrangements for a refund will be made at FIT’s discretion.
7.3 FIT reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
7.4 The subscription plan for FIT Services consist of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges until the agreed upon package length is paid for in full. This includes any time period in which deliveries have been paused.
7.5 By subscribing to FIT you are agreeing to pay recurring periodic subscriptions for an indefinite or defined time until cancellation by you or us, on the subscription terms set out in the application form you have completed.
7.6 Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. FIT reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.
7.7 Should a payment to FIT be requested to be returned by your bank, FIT reserve the right to charge you a fee for the returned payment.
7.8 When you pay for your order by card, FIT carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.
7.9 FIT may in its sole discretion allow you to use a discount code to reduce the price of your order. FIT reserves the right to withdraw any and all discount codes at it’s sole discretion.
7.10 You are not allowed to place an order using your own discount code.
7.11 FIT will not allow a discount code to be used by you when placing an order if the discount code is associated with another account that you have set up in accordance with Clause 6.
7.12 Where Clauses 7.9 or 7.10 have been breached by you, we reserve the right to either:
– 7.12.1 cancel your order in accordance with Clause 8; or
– 7.12.2 accept your order but remove any commission applied to the account associated with the discount code used.
7.13 Please note that we do not allow discount codes to be posted to third-party coupon, discount or promotional websites.
8 Cancellation and consumer rights
8.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your subscription for the Services.
8.2 If you wish to cancel your subscription all requests must be sent by email to firstname.lastname@example.org. FIT require three (3) full working days’ notice in order to cancel your Delivery in all instances (except for the five (5) day package which cannot be cancelled).
8.3 For all cancellations, the daily price of the package will be adjusted to reflect the number of days actually delivered, and there is a £50 administration charge (Admin Charge) to cover FIT’s internal administration costs and card processing fees.
8.4 If you notify us that you wish to cancel at least three full working days before your first delivery, FIT will cancel your order and refund a maximum of the full amount paid by you (less the Admin Charge).
8.5 Any refunds will be made within thirty (30) days from the date on which your subscription is cancelled.
8.6 You can re-subscribe at any time, but FIT reserve the right not to permit re-subscription.
8.7 Pursuant to regulation 28 of the Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, delivery bags containing freshly prepared meals, juices and ingredients are exempt from the right to cancel.
8.8 If you are unhappy with your Food for a legitimate reason such as:
– 8.8.1 missing Food; or
– 8.8.2 failure of Food to arrive.
You MUST inform FIT within 24 hours of receipt of your food and, in any case, no later than the day after our records show it as having been delivered to you. FIT MAY provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at FIT’s sole discretion.
8.9 FFF reserves the right to cancel your order with immediate effect and arrange a full refund of outstanding amounts. FIT can exercise this right at any time and for whatever reason in its sole discretion.
9 Availability and delivery
9.1 FIT uses a third party courier company to deliver the Food (Delivery Company). Where these Terms refer to FIT arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by Delivery Company.
9.2 FIT is able to deliver your Food every morning from Monday – Friday. You are able to choose which days you want food to be delivered and may request to have more than one day of food delivered on any particular morning.
9.3 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
9.4 Unless otherwise indicated during the order process, all deliveries shall be made between 23:00 – 06:00. Once the bag is delivered in accordance with your instructions, the bag and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a bag is delivered in accordance with your instructions and subsequently goes missing:
– 9.4.1 this will be regarded as a successful delivery;
9.5 FIT are not able to deliver your Food at a specific time. In any circumstance where FIT indicate that FIT will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms.
9.6 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.
9.7 The courier will take reasonable steps to deliver the Food to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.
9.8 If, having taken all reasonable steps, FIT are unable to deliver your Food, FIT will attempt to contact you. FIT will only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If FIT are unable to deliver in such circumstances, FIT reserve the right to charge you for the food that you should have received that day in any event.
10 Risk and title
10.1 The Food will be at your risk from the time of delivery.
10.2 Ownership of the Food will pass to you upon delivery after FIT have received full payment of all sums due in respect of the Food.
10.3 Neither FIT nor Delivery Company shall be deemed responsible for any theft of the Food from the delivery address.
10.4 If you suspect that your Food has been stolen from the delivery address please contact us immediately so FIT can discuss alternative delivery arrangements. Until such alternative arrangements are made, FIT reserve the right to suspend your order until suitable new arrangements have been made.
10.5 FIT expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
11 Ownership of the temperature controlled bags and ice packs
11.1 It is your responsibility to leave the delivery Pack at the delivery address at the end of each day so FIT can arrange for their collection. Should you fail to return the delivery Pack, FIT reserve the right to pause your deliveries.
11.2 In the event that you damage or fail to return a Bag or Ice Pack, you shall be liable to pay us a sum of £20 for each Bag and £5 for each Ice Pack.
11.3 Should you request delivery of more than one day’s worth of food in one delivery, the delivery Packs for that delivery shall be collected on your next delivery.
11.4 Should your subscription be paused, the delivery Pack for your previous order shall be collected when your deliveries resume.
11.5 FIT reserve the right to charge any card or credit card held on FIT system for the relevant amount referred to in this clause.
12.1 The price of the Food and FIT delivery charges will be as quoted on the Site from time to time.
12.2 Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
12.3 FIT reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond FIT’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).
13.1 FIT warrant that any Food purchased from us through FIT’s Site will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.
13.2 You warrant that any and all of the Food ordered by you is for your personal use only and not for resale.
14.1 Subject to clause
14.2, if FIT fail to comply with these Terms, FIT shall only be liable to you for the purchase price of the Food for the particular order in which the loss or damage occurred.
14.2 FIT will not accept liability for any loss or damage that is not foreseeable.
14.3 Nothing in this agreement excludes or limits FIT’s liability for:
– 14.3.1 death or personal injury resulting from negligence;
– 14.3.2 fraud or fraudulent misrepresentation;
– 14.3.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
– 14.3.4 Defective Food under the Consumer Protection Act 1987; or
– 14.3.5 for any other matter in respect of which liability cannot by applicable law be limited or excluded.
14.4 FIT attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that FIT have identified as possible allergen-containing ingredients. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that FIT’s facility prepares foods and uses ingredients in FIT products that contain nuts or nut oil.
14.5 FIT make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
14.6 FIT cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, FIT will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
14.7 You agree to fully indemnify, defend and hold us, and FIT’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.
14.8 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
15.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at email@example.com.
16.1 All notices given by you to us must be sent to us at firstname.lastname@example.org.
16.2 Notices from us will be deemed received and properly served immediately when posted on the Site, or 24 hours after an email is sent to the specified email address of the addressee.
17 Transfer of rights and obligations
17.1 FIT may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of FIT’s rights or obligations arising under it, at any time during the term of the Contract.
18 Intellectual property rights
18.1 FIT are the owner or the licensee of all intellectual property rights in the Site (including the FIT logo), whether registered or unregistered, and in the material published on it.
18.2 Food sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.
19 Events outside FIT’s control
19.1 FIT will not be liable or responsible for any failure to perform, or delay in performance of, any of FIT’s obligations under a Contract that is caused by events outside FIT’s reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond FIT’s reasonable control and includes in particular (without limitation) the following:
– 19.2.1 Strikes, lock-outs or other industrial action;
– 19.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
– 19.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
– 19.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
– 19.2.4 Impossibility of the use of public or private telecommunications networks; and/ or
– 19.2.4 The acts, decrees, legislation, regulations or restrictions of any government.
19.3 FIT’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and FIT will have an extension of time for performance for the duration of that period. FIT will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which FIT obligations under the Contract may be performed despite the Force Majeure Event.
21.1 Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or at law or in equity (and/or the continued performance of this Agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this Agreement.
21.2 The rights and remedies provided by this Agreement are cumulative and (except as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided at law or in equity.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.
Notwithstanding the ongoing relationship between FIT and Delivery Company, the two companies do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.
24 Entire agreement
24.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
24.2 You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
FIT have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting FIT’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in FIT’s system’s capabilities.
26 Law and jurisdiction
This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.