BUSINESS TERMS AND CONDITIONS
Your Healthy Box (self-employments Robin Sokol and Jirina Vovsova)
151A Victoria Street
AL1 3TA, St. Albans
These Business Terms and Conditions (hereafter “Terms”) of Your Healthy Box, with a registered office at 151A Victoria Street, AL1 3TA, St. Albans (UK) (hereafter the “Seller”) regulate mutual rights and obligations of the parties arising in relation to or on the basis of a purchase agreement (hereafter “Purchase Agreement”) made and entered into by and between the Seller and another natural person (hereafter “Buyer”) via the Seller’s internet store. The internet store is operated by the Seller on a website at www.yourhealthybox.uk (hereafter “Website”) by the means of the website interface (hereafter “Website Store Interface”).
The Terms do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within their business activity when ordering the goods.
Provisions diverging from the Terms may be negotiated in a Purchase Agreement or in a non-binding oral agreement. Diverging arrangements in a Purchase Agreement have precedence over provisions of the Terms and an oral agreement may be changed at any time by either party.
The Purchase Agreement and the Terms are made in English.
Wording of the Terms may be amended or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising under the previously applicable version of the Terms.
Your Healthy Box manufactures and delivers meals to areas listed on Website, or as agreed. We reserve the right not to deliver to certain areas, at certain hours, or as the case may be, to certain customers with bad payment record. We do not make deliveries on weekend, unless stated otherwise.
2. USER ACCOUNT, RIGHTS AND OBLIGATIONS OF THE BUYER
Based on the Buyer’s registration made on the Website the Buyer may access their user interface. From their user interface the Buyer may make orders of goods (hereafter “User Account”). Or the client may make orders via e-mail (available on the Website).
Access to User Account is secured by user e-mail and password.
The Buyer is entitled to allow third parties to use the User Account at the Buyer’s own responsibility.
The Seller may cancel the User Account without giving a reason to do so. Cancelling of the User Account takes place upon request sent to info e-mail (available on the Website).
The Buyer acknowledges that the User Account may not be available non-stop, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment, or as the case may be, maintenance of hardware and software equipment of third parties.
The Buyer is obliged to collect the goods at the stated time and place, either at:
the collection point on the delivery date stated in the order, before end of business day of the collection poin
If the goods are not collected or picked up on the stated day, the Buyer will be deemed not to be interested in the goods. The Buyer will not be entitled to claim compensation of any damage thus caused, if any.
3. CONCLUDING PURCHASE AGREEMENT
All presentation of goods listed on the Website interface is merely informative, the Seller is not obliged to enter into a Purchase Agreement regarding these goods. Registration involving the creation of User Account is binding towards submitting an order subsequently.
The Website Store Interface contains information on goods, namely the prices of individual goods. The prices quoted include value added tax. Prices of goods remain valid for the time they are displayed in the Website Store Interface. This provision does not limit the possibility of the Seller to enter into a Purchase Agreement or oral agreement under individually negotiated terms. The Website Store Interface also contains information on delivery of goods.
The Buyer fills in an order form available in the Website Store Interface to order the goods. The order form contains in particular information on:
ordered goods (the Buyer “selects” the ordered goods in the electronic order in the Website Store Interface),
payment method of the purchase price of goods, information on the required manner of delivery of the ordered goods (hereafter collectively referred to as “Order”).
Before and after submitting an Order the Buyer and the Seller ale allowed to check and change information on the account. The information stated in the Order is considered as correct by the Seller.
The Seller is in each case entitled, depending on the nature of the Order (volume of goods, amount of purchase price) to ask to Buyer for additional confirmation of the Order (e.g. in writing or over the phone).
The contractual relationship between the Seller and the Buyer is established upon sending the Order (by the Buyer).
The Buyer agrees with using the means of remote communication when concluding a Purchase Agreement. Cost incurred to the Buyer by use of means of remote communication in relation to concluding the Purchase Agreement (cost of internet connection, phone call costs) will be borne by the Buyer.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
Price of the goods and any possible costs associated with delivery of the goods according to the Purchase Agreement may be paid by the Buyer to the Seller in the following manner:
wire transfer via payment gateway 2checkout on the website interface or sending the financial sum to the service provider’s bank account based on an issued invoice.
In case of wire transfer the purchase price is due on the day stated in the payment details.
In case of wire transfer the Buyer will be obliged to pay the purchase price along with stating the payment “reference number”. In case of wire transfer the obligation of the Buyer to pay the purchase price is fulfilled at the moment the appropriate sum is credited to the Seller’s account.
Any eventual discounts of the price of the goods provided by the Seller to the Buyer may be combined, unless stated otherwise.
The Seller is a value added tax payer.
5. WITHDRAWAL FROM (CHANGE OF) PURCHASE AGREEMENT
The Buyer acknowledges that according to the Civil Code, they may not, among other things, withdraw from a Purchase Agreement on the delivery of perishable products.
The Buyer is entitled to withdraw from a Purchase Agreement concluded for the next week up until Friday (12:00pm). In such case the Seller will return the purchase price to the Buyer without undue delay, by wire transfer to the bank account designated by the Buyer, or in another agreed manner.
6. TRANSPORTATION AND DELIVERY OF GOODS
If the Seller is obliged to deliver the Goods under a Purchase Agreement to the location designated by the Buyer in the Order, the Buyer will be obliged to accept the goods.
Upon accepting the goods from the freight carrier the Buyer is obliged to check the integrity of the packaging and in case of any defects notify the Seller immediately. In case the packaging has been breached, the Buyer is not obliged to accept the shipment from the freight carrier.
Additional rights and obligations of the parties arising from transportation of goods may be stipulated by special terms of delivery of the Seller, if issued by the Seller.
The goods are supplied in cooled state and must be kept cool until consuming. The Seller is not liable in case the terms of storage are not complied with after handover of goods.
7. DEFECTIVE PERFORMANCE RIGHTS
The Seller is liable to the Buyer for the goods being free of defects at the moment of handover. The Seller is in particular liable to the Buyer that at the time the Buyer accepted the goods:
the goods corresponds to the agreed sample in terms of quality or execution the goods are in appropriate quantity, volume or weight and the goods comply with the legislative requirements.
In case a defect shows within one day after acceptance, the Buyer will be entitled to exercise the right associated with the defect that occurs to consumable goods on the same day. The Buyer will also be obliged to provide a proof of defect of the goods (or a portion thereof). Rights arising from defective performance will be exercised by the Buyer with the Seller at their e-mail (available on the Website). The moment of making the complaint will be deemed as the moment the Seller receives the relevant documentation from the Buyer.
8. PERSONAL DATA PROTECTION
The Buyer agrees with processing of their following personal data: name and surname, residence address, e-mail, phone number, delivery address and payment data (hereafter “Personal Data”).
The Buyer agrees with processing of their Personal Data by the Seller, namely for the purpose of realization of rights and obligations arising from Purchase Agreement, managing User Account and transportation of goods. Unless the Buyer chooses another option, they agree with processing of their Personal Data by the Seller also for the purpose of collecting information and sending business notifications to the Buyer.
The Buyer acknowledges that they are obliged to state their Personal Data (upon registration, in the User Account, when making an Order through the Website Store Interface) correctly and truthfully and that they are obliged to notify the Seller without undue delay about any changes of their Personal Data.
The Seller may entrust processing of the Buyer’s Personal Data to a third party as the processor. With the exception of employees of the company and persons delivering or releasing the goods the Personal Data will not be transferred by the Seller to any third parties without a previous consent of the Buyer.
Personal Data will be processed for an indefinite time period. Personal Data will be processed in electronic form in automated manner or in documentary form.
The Buyer confirms that the provided Personal Data is accurate and that they have been advised that provision of the Personal Data is voluntary.
In case the Buyer believes the Seller or processor process the Buyer’s Personal Data contrary to the principle of protection of private and personal life of the Buyer or contrary to the law, in particular if the Personal Data is inaccurate, and with regard to the purpose of processing thereof they may: ask the Seller or processor for explanation, ask that the Seller or processor rectifies such state of affairs.
9. SENDING BUSINESS NOTIFICATIONS AND STORING COOKIES
The Buyer agrees with sending of information associated with the goods, services or enterprise of the Seller to the electronic address of the Buyer, and furthermore, the Buyer agrees with sending of business notifications by the Seller to the electronic address of the Buyer.
10. FINAL PROVISIONS
In case any provision of these Terms is or becomes invalid or ineffective, such invalid provisions will be replaced by provisions, meaning of which is as close as possible to the meaning of the invalid provision. Invalidity or ineffectiveness of one provision does not affect the validity or effectiveness of other provisions.
Seller’s contact information:
Address: Your Healthy Box (self-employments Robin Sokol a Jirina Vovsova), 151A Victoria Street, AL1 3TA St. Albans (UK)