1.2 By using this website and any service along with it, you must accept these terms & conditions in full.
1.3 You should not use this website if you do not accept these terms & conditions in full.
2. Customer Information
2.1 It is vital that you as a customer check that the contact information you provide is correct before proceeding to payment or creating an account.
2.2 You as a customer are also responsible for maintaining and keeping your own username and password. You must ensure that you store your username and password securely and that your account is not provided to another party.
2.3 As a customer, you are therefore responsible for your customer account and any actions taken within it. If you suspect that someone else knows your customer account details, you must inform us immediately.
2.4 Our website is only for use by adults. Adults may purchase products for children as long as the products are intended or allowed for consumption or use by children.
2.5 We as the website owner reserve the right to restrict or remove your access to this website wherever you breach these terms and conditions.
4. Product Pricing and Titles
4.1 We make every effort to ensure that the prices on our website are correct. If an error in the pricing of a product is found, we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any overpayments made by you. The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
4.2 We reserve the right to alter any pricing of products without due notice.
4.3 Any products ordered from us do not pass to you until we have received and processed a valid payment.
5. Your Order
5.1 When you place an order, you will then receive an automatic confirmation email from us. By placing an order, your order constitutes an offer made to us to purchase any goods that are specified in the order. The contract is between you and us.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email, will not be included in the order.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to resolve these issues, then a full refund will be made against the card that has been used at the time of purchasing the product. A refund will not be made to any other card or account and no other form of refund or credit will be offered.
6. Returns due to Defects
6.1 Food must be checked upon delivery and signed for before the driver leaves the premises.
6.2 If defects are found with the item, the recipient must then photograph it and send it to Function Fit within 24 hours.
6.3 Function Fit will then contact you and arrange refund or replacement along with logistics over email or phone.
7. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
8. Events Outside Our Control
Function Fit Food shall not be liable for any delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused or affected by any circumstance that is beyond our control. This may include, but is not limited to, civil disorder, acts of god, war, or industrial dispute.
9.1 Function Fit Food will grant you a licence to access the content, information and services that are contained within our website on the condition that the use is personal use only.
9.2 This licence allows you to download and cache (using your browser) individual pages from our website.
9.3 The aforementioned licence does not, however, allow you to download or modify any parts or individual pages of our website nor to make our website available via any kind of intranet.
9.4 Our website layout, design, content or text is forbidden to be copied, edited or otherwise manipulated without our express permission.
9.5 Our website cannot be placed within the frame-set of another site.
9.6 Third parties are not allowed to ‘deep link’ to any pages within our website without our express permission. Any links should be to the main index page of the website. The content of such links should not be misleading, derogatory or offensive in any way.
9.7 The restriction on ‘deep linking’ does not apply to partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
10.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
10.2 The data mining, extraction or utilisation of any product information from our website is not permitted without our express prior written permission.
11. Limitations and Exclusions of Liability
11.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
11.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
11.3 All indirect, consequential or special losses or damage are all excluded.
11.4 All other losses or damages not reasonably foreseen at the time of the contract between you and us are also excluded.
11.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
11.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
11.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
11.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
We also reserve the right to vary, change or amend these terms & conditions at any time. We reserve this right without giving any prior notice or explanation to you as the website user or customer. The new terms and conditions will automatically apply to the use of our website as soon as they are applied.
We reserve the right to assert and assign our rights and our obligations under these terms and conditions, without giving any prior notice to yourself. This shall only apply to us and shall not apply to you as a customer or website user.
The paragraphs and clauses of these terms & conditions must be read and identified separately and independently of each other. If any part of this agreement is to be found invalid, it shall not affect the remaining text.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of any rights by us unless we acknowledge the waiver in writing.
17. Third Parties
These terms and conditions are between you and us. These terms and conditions do not apply to, or benefit any third party and are not reliant on any third party.
18. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
19. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact details are as follows:
66-68 Severn St, Birmingham, West Midlands, United Kingdom, B1 1QG
Telephone Contact: 0121 457 8564