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means an account required to access and/or use certain areas and features of Our Site;
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998 or after 25th May 2018 EU Regulation 2016/679 - the General Data Protection Regulation ("GDPR")
means Flava Supermarket Ltd, a limited company registered in England and Wales under registration number 11850196 and located at Second Floor, Jordan House, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF.
2.1 Our Site is owned and operated by Flava Supermarket Ltd, a limited company registered in England and Wales and whose registered address is located at Second Floor, Jordan House, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF.
2.2 Our Data Protection Officer can be contacted by email at firstname.lastname@example.org, or by post at the address above.
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
4.2 If you an issue about our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to raise a query with the UK's supervisory authority, the Information Commissioner's Office.
Information Commissioner's Office
4.3 For further information about your rights, please contact the Information Commissioner's Office or your local Citizens Advice Bureau.
5.3 Date of Birth;
5.4 Email Address;
5.5 Telephone number;
5.6 Annual Income;
5.7 No. of Dependants;
5.8 Monthly Rent/ Mortgage;
5.9 Sources of income;
5.10 Delivery Address information;
5.11 Billing Address information;
5.12 Direct Debt details such as Sortcode, Bank Account Number & Account Holder status;
5.13 Credit Card details such as Card Number, Expiry Month & Year, Card holders name & CVV/CVC;
5.14 business/company name
5.15 company address
5.16 job title;
5.17 IP address;
5.18 web browser type and version;
5.19 operating system;
5.20 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;
6.1 Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
6.3. We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
6.5. In connection with any transaction which we enter into with you:
6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and/or telephone and/or post with information, news and offers on Our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Any Third parties content which may appear on Our Site from time to time may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
7.2 Your data will only be stored in the UK.
7.3 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
7.4 We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
8.1 Subject to section 8.4, We will not share any of your data with any third parties for any purposes.
8.2 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In all of these cases however, the third parties will not have access to any of your data.
8.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
8.4 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
9.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. As we only use any personal data that you give us for the purpose of managing your account and as required by contract. We will not be using your data for marketing purposes.
11.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
You have the right to ask for a copy of any of your personal data held by Us (where such data is held. Under the GDPR, no fee is payable, and We will provide any and all information in response to your request free of charge. Please contact Us for more details at email@example.com, or by using the contact details below in section 14.
13.2 All Cookies used by and on Our Site are used in accordance with current Cookie Law.
13.3 Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
13.4 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be "strictly necessary". These Cookies are shown below in section 13.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser's settings as detailed below in section 13.10, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.5 The following first party Cookies may be placed on your computer or device:
|Name of Cookie
|Purpose & Type
|Tracking user navigation around site
13.6 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
13.7 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
13.8 The analytics service(s) used by Our Site use(s) the following Cookies:
|Name of Cookie
|Purpose & Type
|Analytics - used to distinguish users
|Analytics - used to distinguish users
|Analytics - used to throttle request rate.
|Contains a token that can be used to retrieve a Client ID from AMP Client ID service
|30 seconds to 1 year
13.9 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
13.10 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
13.11 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Please select your Terms & Conditions below:
FLAVA SUPERMARKET LIMITED TERMS AND CONDITIONS OF SALE
1. SUMMARY OF KEY TERMS AND CONDITIONS
1.1 These are the terms and conditions on which we supply goods to you on credit under a Regulated Consumer Credit Agreement.
1.2 Please read these terms and conditions carefully before you enter into any agreement with us. These terms and conditions tell you who we are, how we will provide goods to you, how you and we may change or end our agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss the same.
1.3 You can terminate your agreement with us during a 14-day cooling off period. Please refer to clause 10.2 to see how this works.
2. Information about us and how to contact us
2.1 We are Flava Supermarket Ltd, a company registered in the United Kingdom. Our company registration number is 11850196 and our registered office is at Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom.
2.2 You can contact us by:
2.2.1 telephoning our customer service team at: 01909 499492;
2.2.2 in writing via post to Flava Supermarket Ltd, Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom; or
2.2.3 in writing via email to firstname.lastname@example.org.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our Goods
3.1 Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
3.2 The packaging of the goods may vary from that shown in images on our website
4. Sale of the Goods
4.1 We agree to sell to you, and you agree to purchase, the goods described including each item of equipment and all renewals and replacements of the goods and additions to them) on the credit sale terms and conditions set out in this agreement.
4.2 The costs of delivery will be as displayed.
4.3 If you pay the first repayment due to us, we will contact you with an estimated delivery date. Please note that any such quoted delivery date for the goods is an estimate only and we do not guarantee delivery to you by a specified date. You should contact us as soon as possible if the goods do not arrive by the estimated delivery date. If you fail to pay the first repayment due to us, we will contact you to discuss why you have not been able to make the necessary payments.
4.4 If our supply of the goods 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 goods you have paid for but not received.
4.5 If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
4.6 If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under clause 11.
4.7 The goods will be your responsibility from the time the goods are delivered to the address you gave us.
4.8 We may need certain information from you so that we can supply the goods to you, including, for example, your name, address and other contact details. This information will be requested at the time you place your order. If you give us incomplete or incorrect information, we may either end the contract (and clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late if this is caused by you not giving us complete and correct information we need within a reasonable time of us asking for it.
4.9 We may have to suspend the supply of the goods to you: (i) to deal with technical problems or make minor technical changes; or (ii) as a result of any changes in relevant laws and regulatory requirements.
5. Your obligations
5.1 Make payment
Pay the Advance Payment (if any) on or before signing this agreement, and shall make the Repayments specified overleaf by direct debit, punctually at the times shown, or at such other times as we may notify to you having regard to your wishes. Prompt payment is essential. Any payment sent to us by post will be at your risk;
5.2 Use of the Goods
Use the Goods properly and (subject to clause 6 below) not modify or alter them, nor permit their modification or alteration, including of identification or registration numbers or marks and shall ensure that they are used safely and without risk to health;
5.3 Damage, loss and repair
Be responsible for the loss or damage to, or caused by, the goods so far as such loss or damage is not covered by effective insurance under this agreement, and replace or repair the goods if reasonably required by us;
5.4 Notice of loss
Immediately give us notice in writing of the happening of any material loss of, or damage to, the goods;
5.5 Repair and maintenance
Keep the goods properly repaired and maintained, but shall not pledge our credit or permit any lien to be created on the goods;
Allow us access to inspect the goods at all reasonable times;
5.7 Location of Goods
Keep the goods in your sole possession at your address specified overleaf and shall not sell, assign, mortgage or charge the goods or any interest in them or the benefit of this agreement nor, without our prior written consent, which shall not be unreasonably withheld, remove or permit the removal of the goods from the United Kingdom;
Keep the goods insured in their full replacement value (in the case of mechanically propelled vehicles with full comprehensive cover) with reputable insurers against loss or damage by fire and such other risks (including third party risks) as are usually covered by insurance in the type of business for which the goods are for the time being used and such further risks as we reasonably require, with our interest noted on the policy. You shall notify us forthwith of any loss of or damage to the goods and hold the proceeds of the insurance in trust for us. You irrevocably authorise us to collect the insurance monies from the insurers. If a claim is made against the insurers we may, in our discretion, conduct negotiations and effect a settlement with the insurers and you agree to be bound by such settlement. We shall apply the insurance monies, in our discretion, as follows:
5.8.1 in making good the damage;
5.8.2 in replacing the goods by other similar goods to which the terms of this agreement shall apply; or
5.8.3 in compensating us for all loss which we suffer,
any deficiency being made up by you on demand;
5.9 Pay taxes
Keep the goods free of all liens and procedures for the taking control of goods and attachments and shall pay all taxes and impositions in respect of the goods and their sale under this agreement;
5.10 Other Charges
Pay any other charges referred to overleaf on demand;
Not suffer an enforcement agent, pursuant to a judgment or order of the court, to enforce a warrant of control order or a warrant of delivery against any of your goods, nor permit a bankruptcy petition to be presented against you, nor enter into or attempt to enter into a composition with your creditors, nor call or allow to be called a meeting, whether formal or informal, of your creditors or any of them.
6. Conditions binding on us
We sell the goods subject to the terms implied by sections 12 (relating to our title to the Goods), 13 (relating to sale by description), 14 (relating to implied terms as to quality or fitness) and 15 (relating to sale by sample) of the Sale of Goods Act 1979.
7. Non-payment of insurance premiums
If you fail to pay any premium required to be paid in respect of insurance under clause 5.8 or any sum required to be paid under clause 5.9, we may pay such premium or sum on your behalf and you shall reimburse us on demand.
8. Overdue sums
Notwithstanding that you shall not allow any sum payable by you under this agreement to become overdue, you shall pay us on demand:
8.1 interest on any repayment under this agreement which is seven or more days overdue at the rate of interest stated overleaf on a day-to-day basis from their due date until the date of payment; and
8.2 the reasonable costs and expenses (including legal costs) incurred by us in enforcing our rights under this agreement.
9. Modification of the goods
If the goods shall become liable under any statutory enactment (whether local or public) to be altered or modified, you shall immediately make the required alterations or modifications at your own expense.
10. Termination by you
10.1 You may terminate this agreement at any time by giving us at least 30 days’ notice in writing and making payment of the sums stated in clause 12.
10.2 You are entitled to cancel the contract pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 any time within the first 14 days of the relevant date of the identification of us taking possession of the goods on your behalf. The relevant date is the date of your agreement as you have instructed us to take possession of the goods from that date. Should you wish to terminate the contract in accordance with this clause, you can do so by contacting our customer services team in any of the ways set out in clause 10.3.
10.3 If you wish to exercise your right to end the contract in accordance with clause 10.2, please let us know by doing one of the following:
10.3.1 Phone or email. Call customer services on 01909 499492 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.3.2 Online. Complete the cancellation form on our website located here
10.3.3 By post. Print off the model cancellation form at the end of these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.4 If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Goods must be returned to us in brand new condition and unused in order to be eligible for a refund as per clause 10.2. You must either arrange for delivery of the goods to us at Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom or allow us to arrange for them to be collected from you at your cost. Please call our customer service team on 01909 499492 or email us at firstname.lastname@example.org to arrange collection at your cost.
10.5 We will pay the costs of return:
10.5.1 if the goods are faulty or misdescribed; or
10.5.2 an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.6 If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
11. Our rights to end the contract
11.1 We may end our agreement at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the goods, for example, delivery details; or
11.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
11.2 If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for goods we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. Your liability on termination
If you or we terminate this agreement (except under clause 10.2 and subject to clause 11.2), you shall become liable to pay us (in addition to all other sums (if any) in respect of which you shall be indebted to us under this agreement):
12.1 arrears of repayments accrued due up to the date of termination; and
12.2 the balance of the Total Amount Payable, less any discount for accelerated payment as we may reasonably allow.
You agree to notify us in writing within seven days of any change of your address. We may transfer our rights and obligations under this agreement provided that this does not adversely affect your rights. You may not transfer your rights or obligations under this agreement.
14.1 Clause headings are for ease of reference only and shall not affect the interpretation of any provision.
14.2 In this agreement words in the singular shall include the plural number and words in one gender shall include the other genders.
14.3 This agreement shall be governed by, and construed in accordance with, English law.
15. Use of your personal data
Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee. Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household. We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or charge of this agreement or of our interest in this agreement, their insurers or advisers. We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
16. ADHOC (NON Flava Benefits) COMPETITION TERMS AND CONDITIONS
16.1 By entering this free prize draw (the 'Prize Draw') you (the 'participant') agree to be bound by these terms and conditions.
16.2 Upon placing your order, and leaving a review on the following website: https://www.trustpilot.com/ , you will be automatically entered into the prize draw competition for your chance to win a £100 Amazon Voucher
16.3 The entry is limited to 1 per person, multiple accounts creations by the same person will not be included.
16.4 No cash alternatives will be offered.
16.5 Entrants must be aged 18 or over.
16.6 Competition ends 1st December 2023. Any entries received after this point will not be entered into the prize draw.
16.7 It is at our discretion to offer an alternative free item of similar value to the free item initially offered.
16.8 The winner will be chosen at random and notified via the email address associated with their account.
16.9 The winners consent to publication of their first names on the Flava Supermarket website, Facebook page and will be invited to participate in post-event publicity arranged by or on behalf of the promoter. No other information is used for marketing purposes.
16.10 If the prize is not claimed within 14 days we reserve the right to redraw. In the event of a redraw, this will take place on the 19/12/2023
17. ADHOC (NON Flava Benefits) FREE PROMOTIONAL ITEMS:
17.1 Only orders that are above the minimum spend specified on the promotional marketing messages will be eligible.
17.2 Only orders that are placed within a 24 hour period of the promotional marketing being sent will be eligible.
17.3 Offer available while stocks last. We have the right to withdraw or change the FREE promotional item to an alternative item.
17.4 Unless stated, the voucher code displayed on the promotional marketing material mush be applied at the checkout to be eligable for the free promotional item
17.5 Only one promotion can be applied per order
17.6 Free Promotional items will be dispached with your order
17.7 It is at our discretion to issue a refund or replacement for any free/ promotional items the user has ordered.
These Terms were last updated on 7th November 2023 and are the copyright of Flava Supermarket Limited.
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide goods 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 and conditions, please contact us to discuss the same.
1.3 How is credit offered. Credit to purchase goods from our online store is provided via an unregulated credit agreement within the meaning of Article 60F(2) and 60L(A) of the Financial Services and Markets Act, the credit agreement is therefore not regulated by the Financial Conduct Authority. Credit is offered over a maximum term of 12 instalments and is provided at Zero (0%) APR without any additional fees.
1.4 Terminating this agreement. You can terminate this Agreement with Us during a 14 day cooling off period. Please refer to clause 7 to see how this works.
1.5 When we will provide the goods. Please note that for the purposes of Regulation 30(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you identify and request us to take and retain possession of the goods from the date that your order is accepted (and you have paid the initial amount in accordance with clause 5.4), for an introduction period of six weeks whilst we get to know you as a customer.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Flava Supermarket Limited, a company registered at Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom. Our company registration number is 11850196.
2.2 How to contact us. You can contact us by:
2.2.1 in writing via post to Flava Supermarket Ltd - Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom; or
2.2.2 in writing via email to email@example.com
2.2.3 by telephone on 01909 499492;
2.3 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 or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order for goods 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 in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods 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 save Northern Ireland, Scottish Highlands, Scottish Islands & the channel islands. Our website is solely for the promotion of goods in the UK save Northern Ireland, Scottish Highlands, Scottish Islands & the channel islands. Unfortunately, we do not accept orders from outside the UK.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 Packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5. PRICE AND PAYMENT
5.1 Where to find the price for the goods. The price of the goods 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 goods advised to you is correct. However please see clause 5.2 for what happens if we discover an error in the price of the goods you order.
5.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ 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 terminate the contract between us.
5.3 How you must pay. We accept payment for the goods by way of the following debit and credit cards:
5.3.1 Direct Debit; and
5.3.2 Debit or Credit card.
5.4 When you must pay. You must pay for the goods in 12 equal amounts over 12 weeks. The initial payment will be due on the start date you selected at the time you place your order. The remaining 11 amounts will be taken on a weekly basis from the debit or credit card that you made the initial payment with.
5.5 If You instruct Your bank or credit card company to claw back any payments made to Us, We reserve the right to charge You an amount equal to the fee charged to Us by Your bank or credit card company for initiating the claw back.
5.6 If We fail to collect any payments from You when due, We will attempt to contact You to set up a good faith debt repayment programme. If We are unable to collect overdue payments pursuant to this debt repayment programme, We will contact You again to discuss Your financial circumstances and how We might be able to accommodate the difficulties You are experiencing. We will continue to attempt to contact You and collect any overdue amounts (which are not paid when due) for a period of up to 30 days.
6. PROVIDING THE GOODS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the goods. Please note that for the purposes of Regulation 30(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you identify and request us to take and retain possession of the goods from the date that your order is accepted (and you have paid the initial amount in accordance with clause 5.4), for an introduction period of six weeks whilst we get to know you as a customer. If you:
6.2.1 pay the first six payments due to us under clause 5.4, we will contact you with an estimated delivery date at the end of the six week introduction period. Please note that any such quoted delivery date for the goods is an estimate only and we do not guarantee delivery to you by a specified date. You should contact us as soon as possible if the goods do not arrive by the estimated delivery date; and
6.2.2 fail to pay the first six payments due to us under clause 5.4, we will contact you to discuss why you have not been able to make the necessary payments.
6.2.3 We will monitor Your payment profile at regular intervals for the purposes of reviewing Your account, and controlling Our credit risk. If Your account gives Us cause for concern based on your payment profile We may request to either extend your introduction period prior to receiving your equipment, or offer you alternative equipment or a refund in full after the initial six week introduction period, in either case will attempt to contact You to discuss this and agree with you. If We agree to change Your agreement equipment, such change will take place on Your next payment date (unless We agree otherwise).
6.2.4 If Your selected equipment including, for example, where the selected equipment is discontinued by the manufacturer without notice to Us. In such circumstances We will contact You to discuss this and will endeavour to offer You suitable replacement equipment or offer you a full refund. If You agree to receive replacement equipment the Charges under the Agreement may increase or decrease. We will discuss and agree any changes in the Charges with You when We offer You the replacement equipment.
6.3 We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received.
6.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 When you become responsible for the goods. The goods will be your responsibility from the time the goods are delivered to the address you gave us.
6.7 When you own goods. The ownership of the goods will transfer to you once we have received the initial payment for the goods in accordance with clause 5.4. However, we will take and hold possession of the goods until such time as they are despatched for delivery in accordance with clause 6.2.
6.8 Your obligations until the goods are fully paid for. Until the goods have been fully paid for, you agree to:
6.8.1 take precautions to keep the goods safe including, for example, to prevent any damage being caused to them or them being lost or stolen;
6.8.2 not misuse, wilfully damage, or tamper with the goods; and
6.8.3 not part with possession of, or otherwise attempt to resell, transfer or dispose of, the goods without our prior written consent.
6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, including, for example, your name, address and other contact details. This information will be requested at the time you place your order. If you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late if this is caused by you not giving us complete and correct information we need within a reasonable time of us asking for it.
6.10 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to you:
6.10.1 to deal with technical problems or make minor technical changes; or
6.10.2 as a result of any changes in relevant laws and regulatory requirements.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You are entitled to cancel the contract pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within the first 14 days of the contract start date (being the date on which your goods are received by you and by Our acceptance of your express consent of this contract start date). Should you wish to terminate the contract in accordance with this clause, you can do so by contacting our customer services team in any of the ways set out in clause 8.1
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 7.2.1 to 7.2.3 below the contract will end immediately and we will refund you in full for any goods which have not been supplied. The reasons are:
7.2.1 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
7.2.2 there is a risk that supply of the goods may be significantly delayed because of events outside our control; or
7.2.3 you have a legal right to end the contract because of something we have done wrong.
7.3 Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation (limited to the value of the total amount payable by you within your contract). The contract will be completed when the final of your 12 payments is made. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and:
7.3.1 if the goods have already been delivered to you, you will be required to pay the balance outstanding for the goods; or
7.3.2 if the goods have not already been delivered to you, but goods have been allocated or reserved for you by us following you making 2 or more payments, then we will refund the payments already made. Alternatively you can chose to receive Flava Home store credit for the full amount, which can be used anytime within the following 12 months.
7.4 If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the goods repaired or replaced or to get some or all of your money back as set out in this clause 7.4:
7.4.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team using the contact details set out in clause 8.1.
7.4.2 Information about your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms and conditions will affect your legal rights. A summary of your key rights are set out in clause 7.4.3. However, please note that these rights are subject to certain exceptions. For detailed information as to your rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
7.4.3 Summary of your legal rights. The Consumer Rights Act 2015 says that any goods we supply to you must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund;
(b) up to six months: if your goods can't be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
8. ENDING THE CONTRACT WITH US
8.1 Tell us you want to end the contract. If you wish to exercise your right to end the contract in accordance with clause 7, please let us know by doing one of the following:
8.1.1 Phone or email. Call customer services on 01909 499492 or email 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.
8.1.2 Online. Complete the cancellation form on our website located here
8.1.3 By post. Print off the model cancellation form at the end of these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Goods must be returned to us in brand new condition and unused in order to be eligible for a refund as per clause 8.6. You must either arrange for delivery of the goods to us at Flava Supermarket Ltd - Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom or allow us to arrange for them to be collected from you at your cost. Please call our customer service team on 01909 499492 or email us at email@example.com to arrange collection at your cost.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the goods are faulty or misdescribed; or
8.3.2 an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. Subject to clause 7.3.2, We will refund you the price paid for the goods including delivery costs, by the method you have used for payment.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible providing the goods are received by us within 14 days of you notifying us of your request to return them, and providing they are received by us in brand new condition and unused. If you are exercising your right to change your mind then:
8.6.1 If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us; or
8.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind providing the goods are received by us in brand new condition and unused.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for the supply of goods at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the goods, for example, delivery details; or
9.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, 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.
10.2 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 goods as summarised at clause 7.4.2 and clause 7.4.3; and for defective goods under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we may use your personal information. We will only collect, use and store your personal information in accordance with our privacy notice, which can be found here: https://flavahome.co.uk/privacy.php
12. OTHER IMPORTANT TERMS
12.1 When you make Your Order, You are deemed to have expressly requested Us to begin the supply of your contract and equipment during the cooling off period set out in clause 7 in accordance with Regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Therefore, if You wish to terminate the Agreement during the cooling off period in accordance with clause 7 we will refund any balance owing to You as soon as reasonably practicable and, in any event, within 7 days of the date on which We receive notice of Your cancellation of the Agreement.
12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
12.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.4 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 and conditions.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.6 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 and conditions, 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 goods, we can still require you to make the payment at a later date.
12.7 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
12.8 We reserve the right to perform a soft search for identity verification purposes and fraud prevention.
12.9 It is at our discretion to enforce that if you should place any further orders and make payment whilst having a previous account which is in arrears, that any payments made on a new order will be allocated to that of the outstanding account, and no goods shall be dispatched on a new order as the previous account in arrears supersedes that of the new order.
13. REFUNDS AGAINST FREE/ PROMOTIONAL ITEMS
13.1 It is at our discretion to issue a refund or replacement for any free/ promotional items the user has ordered.
14. FREE PROMOTIONAL ITEMS:
14.1 Only orders that are above the minimum spend specified on the promotional marketing messages will be eligible.
14.2 Only orders that are placed within a 24 hour period of the promotional marketing being sent will be eligible.
14.3 Offer available while stocks last. We have the right to withdraw or change the FREE promotional item to an alternative item.
14.4 Unless stated, the voucher code displayed on the promotional marketing material mush be applied at the checkout to be eligable for the free promotional item
14.5 Only one promotion can be applied per order
14.6 Free Promotional items will be dispached with your order
14.7 It is at our discretion to issue a refund or replacement for any free/ promotional items the user has ordered.
ELIGIBILITY TO ENTER
1. This monthly prize draw is open to entrants over 18 years of age. (Flava Supermarket Ltd staff members are excluded from the draw).
2. By entering the prize draw, you confirm that you are eligible to do so and eligible to claim any prize you may win.
HOW TO ENTER
3. The prize draw will include all new and existing members who have successfully made their membership payment by 4pm on the day of the prize draw.
4. Entries after that time and date will not be included in that prize draw, and instead included in the following prize draws.
5. To enter the prize draw simply become a Flava Benefits Member via our website: https://flava.co.uk
Submit 1 postal entry for free by post to: Flava Supermarket Ltd - Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom
7. Flava Supermarket Ltd will not accept responsibility if contact details provided are incomplete or inaccurate.
8. Membership is charged at £29.99 per month upon sign up, and your membership is renewed at £14.99 on the anniversary of each month thereafter unless your membership is cancelled by you.
HOW TO CANCEL
9 - Membership can be cancelled by: Calling us on: 01909 499492 Emailing us at: firstname.lastname@example.org Live chat on our website: www.flava.co.uk
10. Membership entries that have been debited and entered into the current monthly prize draws are unable to be cancelled or refunded after that point.
11. Future entries prior to any debit are able to be cancelled, therefore you will not be debited or entered into the next prize draw and your membership will be cancelled immediately.
12. The prize draws will take place on the last working day of the month at 5pm.
13. The Flava Benefits Membership Prizes are as follows:
- The ‘Cash Prize’ will be a Tax-Free Cash sum of £500 or
- The ‘Win Your Order for Free’ Prize will be a complete refund of any monies paid towards your order and your account being marked as paid in full, or
- The ‘Win an extra £250 to spend on tech Prize will be access to place a new order with the Flava Supermarket ltd up to the value of £250 completely free.
14. Whilst you are an active Flava Benefits Member, we will also provide the following inclusive benefits to you completely free of charge:
- Free Shipping on your order.
- Flava Benefits exclusive access to higher value products.
- 10% order discount for a ‘refer a friend’ reward.
15. The prize winners will be drawn completely at random by Flava Supermarket Ltd.
16. The prizes are non-exchangeable and non-transferable.
17. We reserve the right to substitute prizes with another prize of equal or higher value if circumstances beyond our control make it necessary to do so.
18. Flava Supermarket Ltd reserves the right to postpone any prize draw to a nearby date (within 4 weeks). As a result of us doing so, we will notify you via email prior to that scheduled prize draw date, whereby your entry will be automatically included in the next prize draw, or offered a full refund for your entry.
19. The decision of Flava Supermarket Ltd regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
19. The winner will be notified after the draw via the email to the email address provided during membership or postal registration.
20. Flava Supermarket Ltd will attempt to contact the winner by email three times.
21. If the winner does not respond to the emails notifying them of their win within 14 days of the second email, they will lose their right to the prize, and Flava Supermarket Ltd reserves the right to choose and notify a new winner.
RECEIPT OF THE PRIZES
22. Please allow up to 14 days for delivery of the prize.
23. The prize will be delivered by Flava Supermarket by providing ‘Your Order For Free’.
24. Flava Supermarket Ltd will deliver your prize to your chosen address, or transfer the prize via BACS to your chosen bank account.
25. Flava Supermarket Ltd accepts no responsibility if the bank details you provide to us are incorrect for any reason.
DATA PROTECTION AND PUBLICITY
26. You consent to any personal information you provide in entering the prize draw being used by Flava Supermarket Ltd for the purposes of administering the prize draw, and for those purposes as defined within our privacy notice.
27. All entrants may apply for details of the winning participant by contacting us at email@example.com
28. The winner agrees to the release of their first name and county to any other prize draw participants if requested via Flava Supermarket Ltd.
29. An announcement of the winners first name and county may be made via our Flava Supermarket Ltd website.
30. Should you agree to a video call with us, a recording of this call may be posted on the Flava Supermarket website.
31. All personal information shall be used in accordance with our Flava Supermarket Privacy Notice.
LIMITATION OF LIABILITY
32. Flava Supermarket Ltd does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize.
33. Flava Supermarket Ltd does not provide any form of practical or IT support for this prize. On receipt, all responsibilities relating to warranty and the product are that of the prize winner.
34. Flava Supermarket Ltd reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice.
35. The prize draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms were last updated on 7th November 2023 and are the copyright of Flava Supermarket Limited.