TERMS & CONDITIONS
The Privacy & Security Policy and these Terms and Conditions contain the only terms and conditions applicable to the provision of services by The Juice Smith Limited (“The Juice Smith”) to you the Customer. All terms and conditions proposed by the Customer (even though such terms may be included in a later document and/or purport to exclude or supersede any terms which are inconsistent with them) or which may otherwise be implied by custom or dealing are hereby excluded. By placing an order with Juice Smith, the Customer waives irrevocably any right which it may otherwise have to rely on such terms and conditions and is deemed to have accepted and be bound by this Agreement.
The Juice Smith’s services include the provision of organic cold pressed juices to the Customer.
3. HEALTH & NUTRITION
3.1 The Juice Smith’s products may not be suitable for everyone. It is the responsibility of the Customer to ensure that they have read and understood the ingredients of our products. If you have any concerns, have allergies, medical condition or are taking specific medication, please consult your doctor.
4. REGISTRATION, USERNAME & PASSWORD
4.1 Customers will need to follow the registration process as set out on The Juice Smith’s website in order to use the services. You must be over 18 years old to register.
4.3 When registering on The Juice Smith’s website, the Customer will create a username and password. The Customer is responsible for maintaining the confidentiality of their username and password and shall be responsible for all activities carried out under it. The Juice Smith does not have the means to check the identities of people using the website and will not be responsible for any losses suffered by the Customer or any third party if there is unauthorised use of a username and password.
4.4 The Customer must immediately inform The Juice Smith if they suspect any unauthorized use of any username or password.
4.5 If The Juice Smith reasonably suspects that there has been, or is likely to be a breach of security or misuse of The Juice Smith’s website then we may require you to change your registration details and may cancel or suspend the Customer’s registered account.
5. FEES & PAYMENT
5.1 All payments must be received in advance, unless expressly agreed in writing.
5.2 Any order is not deemed to have been made until such time as payment is received by The Juice Smith.
5.3 The Juice Smith accepts credit and debit card payments through the website payment system, we do not accept cash or cheques.
5.4 The Juice Smith reserves the right in its sole discretion to change its prices at any time without prior notice.
5.5 All fees are subject to VAT at the prevailing rate.
6.1 All cancellations must be received no less than 2 working days before the due delivery date.
6.2 Cancellations may be made via our website or once specifically confirmed by a member of our team via email or telephone. Such confirmation from our team must be communicated in writing.
6.3 Cancellations shall be taken to include postponement of a booking to a different date and other material change to the Customer’s order.
6.4 The Juice Smith may cancel the order at any time if payment is not received in accordance with these Terms. In such case any payment received will be refunded in full to the Customer.
7.1 The Juice Smith will make deliveries to the address given by the Customer.
7.2 The Customer shall be responsible for providing accurate, complete and up to date delivery information to The Juice Smith. Changes to delivery information must be notified to us within our order deadlines.
7.3 The Customer is responsible for ensuring that someone is available to take delivery of the juices.
7.4 If The Juice Smith is unable to deliver to the address that the Customer has given, we will attempt to contact you on the telephone number and/or email address that you provide us. If, having made reasonable efforts to do so, we are unable to contact you, The Juice Smith reserves the right to charge the Customer for such delivery in any event.
7.5 If The Juice Smith is unable to deliver to the Customer for reasons outside its control and therefore arranges an alternative delivery with you, it reserves the right to charge the Customer for such alternative arrangements.
7.6 The Juice Smith shall not be liable to the Customer in the event that we deliver your items to the location specified by you and it is subsequently stolen or damaged. Any offer of compensation in such circumstances is at The Juice Smith’s sole discretion.
7.7 Subject to these Terms, The Juice Smith will not charge the Customer for goods that it has been unable to deliver.
8.1 The Customer must notify The Juice Smith as early as reasonably possible of any faults or defects with the products. If you do not notify us of any such defect or fault within 24 hours of delivery of the products, you will be deemed to have accepted the products and The Juice Smith will not refund or replace any of them.
8.2 The Juice Smith’s juices are freshly prepared and delivered to you as soon as possible. They are not pasteurised and therefore will remain fresh for 72 hours from the time of delivery, provided they are refrigerated. If the Customer does not store the juices appropriately we cannot guarantee their freshness and will not offer any refund or credit for any spoiled juices.
9. LIMITATION OF LIABILITY
9.1 Except as expressly provided for in this Agreement all conditions, warranties and representations implied by statute, common law or otherwise are excluded to the extent permitted by law.
9.2 The aggregate liability of The Juice Smith in respect of any loss or damage suffered by Customer and arising out of or in connection with this Agreement, shall not exceed the agreed cost of the Service under this Agreement.
9.3 The Juice Smith shall not be liable in any way for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or losses associated with damage to reputation; or any special, indirect or consequential losses suffered or incurred by Customer arising out of or in connection with this Agreement, whether or not such loss might have been foreseeable at the commencement of the Agreement.
9.4 Nothing in these Terms and Conditions shall limit either Party’s liability for death or personal injury resulting from its negligence or for fraud.
10.1 Without prejudice to The Juice Smith’s right to arrears of charges payable under this Agreement or other sums due or for damages for breach of this Agreement, The Juice Smith may terminate this Agreement on the occurrence of any following events:
10.1.1 if the Customer shall not pay any of the charges or any sums agreed to be paid by the Customer to The Juice Smith under this Agreement punctually on the date when due, or
10.1.2 if the Customer shall be in breach of any term of this Agreement.
11. CONSEQUENCES OF THE TERMINATION
11.1 Immediately upon termination as above the Customer shall pay to The Juice Smith:
11.1.1 all arrears of charges due under this Agreement; and
11.1.2 damages for any breach of this Agreement and all expenses and costs incurred by The Juice Smith in enforcing its rights under this Agreement.
12.1 The Juice Smith endeavours to include accurate and up to date information on its website. However, it makes no warranties or representations as to its accuracy. The Juice Smith assumes no liability or responsibility for any errors or omissions in the content of the website.
12.2 Nothing in these Terms and Conditions affects your statutory rights as a customer. For more information on these please visit www.tradingstandards.gov.uk or www.citizensadvice.org.uk
13.1 All content of the website is protected by copyright and other applicable intellectual property rights. You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the website without express written permission from The Juice Smith. The Juice Smith does not warrant or represent that your use of materials displayed on this The Juice Smith’s website will not infringe rights of third parties.
13.2 The Juice Smith will assert its intellectual property rights if any part of the website is used without its permission.
14.1 The Juice Smith may amend these Terms and Conditions at any time, without notice. You are bound by any such revision and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. You are bound by changes even if you do not re-visit this page to re-read the Terms and Conditions.
14.2 The Juice Smith shall not be liable to the Customer if fulfillment of its obligations to the Customer is prevented hindered or delayed by force majeure as herein defined. For the purposes of this Condition force majeure shall mean any circumstance beyond the control of The Juice Smith and shall include (without restricting the generality of the foregoing), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law or governmental order or regulation.
14.3 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.
14.4 If any of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
14.5 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from the Act).
14.6 This Agreement shall be governed by and construed in accordance with English law and each Party irrevocably submits to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with this Agreement.