TERMS AND CONDITION
This page tells you the terms and conditions upon which we will supply to you the products (Products) listed on our website www.freshpack.com (our Site). Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1. INFORMATION ABOUT US
1.1
We, FreshPack, are a general corporation registered in the Province of Ontario, Canada. We operate the website www.freshpack.com.
2. SERVICE AVAILABILITY
2.1
Our Site is only intended for use by people residing in the United States of America and Canada (Serviced Countries). We do not accept orders from individuals outside the Serviced Countries.
3. YOUR STATUS
By placing an order through our Site, you warrant that:
3.1
You are legally capable of entering into binding contracts; and
3.2
You are at least 18 years old;
3.3
You are resident of a Serviced Country; and
3.4
You are accessing our Site from a Serviced Country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1
After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.
4.2
The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
4.6
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
4.7
Choice Plan. Under a Choice Plan, your first opportunity to elect the meals to be delivered to you may occur before a subsequent delivery. We reserve the right to deactivate and/or suspend a Choice Plan at any time.
5. VOUCHERS AND GIFT CARDS
5.1
We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by online application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
5.2
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.3
We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
5.4
Vouchers may only be redeemed through our Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.5
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates.
6. RISK AND TITLE
6.1
The Products will be at your risk from the time of delivery.
6.2
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6.3
To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items.
7. PRICE AND PAYMENT
7.1
The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.
7.2
Product prices include applicable taxes.
7.3
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
7.4
Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. We will not charge your credit or debit card for a weekly delivery until after the deactivation deadline for such weekly delivery, with the exception of your first delivery under one of our Services which may occur immediately following your initial subscription to said Service.
8. WARRANTY
We warrant to you that any Product purchased from us through our Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9. OUR LIABILITY
9.1
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.
9.2
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. NOTICES
All notices given by you to us must be given to Freshpack at freshpack.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1
The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1
Strikes, lock-outs or other industrial action;
13.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5
Impossibility of the use of public or private telecommunications networks; and
13.2.6
The acts, decrees, legislation, regulations or restrictions of any government.
13.3
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.4
Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.
14. WAIVER
14.1
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2
A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
15. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4
Nothing in this clause limits or excludes any liability for fraud
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products)
