Flava Supermarket ltd Terms & Conditions

1. SUMMARY OF KEY TERMS AND CONDITIONS

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 customerservices@flava.co.uk

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 customerservices@flava.co.uk. 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 customerservices@flava.co.uk 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.