UPDATED: 12, November 2024

1. INTRODUCTION

This document (along with any documents herein mentioned) forms the Terms and conditions governing the use of this website and or an application (app) we make available. Please read these Terms carefully before you start to use this site or service as they are legal binding on you. By accessing this site or application or using our service, you are consenting to be bound by these Terms. If you do not agree to these Terms of use, then do not access or use this website, our application or any part of the service.

2. OUR DETAILS

This website and service is operated by Tangible Logic Limited ("us", "we", "our" or "Foodies Factory"), a UK company with registered offices at 27 Old Gloucester Street, London, England, WC1N 3AX, Company registration number 09371037.

3. ACCESSING AND USE OF THE SITE AND SERVICE

Access to this Site is permitted on a temporary basis, we reserve the right to withdraw or amend the service we provide on this Site without notice. We will not be liable if for any reason this Site or any part of it is unavailable at any time or for any period.

From time to time, we may restrict access to all or some parts of this Site, to users who have registered or other visitors including the ones using in guest capacity.

Credentials that you use to access this site or service i.e. your login details and your usage of the site, or its service are for you only and are confidential, it is you’re responsibility to safe guard this information. We reserve the right to disable such access any time and without notice for any duration or permanently, should we feel there is non- compliance of these terms or such information has been misused. In case if you feel this information has been compromised or misused, please contact us through our Contact us page to disable your account.

By using this website and or placing an order, you confirm and undertake:

(a) The service may be used only for lawful proposes (b) To use the site for legitimate orders or inquiries only (c) You are 18 years of age or over and can enter into legal contract (d) All information provided by you must be accurate and sufficient to fulfil your order (e) Not to (knowingly) send, receive, upload, download, use or re-use any material which does not comply with our Content Standards, (f) You agree not to access without authority, interfere with, damage or disrupt any part of this Site, Application or our Service or any network or equipment used in the provision of our Service.

5. INTELLECTUAL PROPERTY RIGHTS

For this website all intellectual property rights including trademarks, copyrights for all the content and technology remains property of us, our licensors and relevant third parties. For your reference only, you may make a necessary copy of the applicable contract (s) and order detail.

6. LINKS FROM OUR WEBSITE

On our website we may have links to other sites and resources; such links are provided for information purposes only and we do not have any control whatsoever over such websites or their contents. We accept no liability whatsoever for any loss or damage which may arise from the use of such links.

7. UPLOADING MATERIAL TO THIS SITE AND SERVICE

Any material you upload or post to this Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us beforehand, you acknowledge and agree that:

(a) We have the right to use, copy, distribute and disclose to third parties any such material or data in whole or in part for any purpose. (b) We have the right to disclose your identity to any law enforcement agency or third party who is claiming that any material posted or uploaded by you to this Site constitutes a violation of their intellectual property or privacy rights. (c) Where any such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute and disclose to third parties any such material or data. (d) We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you, (for which sole responsibility sits with you) or any other user of this Site. (e) We reserve the right to remove any material or posting any user make on this Site. (f) Any material or posting by any user must adhere to the Content Standards at all times.

8. RELIANCE ON INFORMATION POSTED

Any content including reviews, commentary or other materials posted on this Site or Service are not intended to be advice on which any reliance should be placed. Therefore we don’t accept any liability or responsibility arising from any reliance placed on such materials by any visitor to this Site or Service, or by anyone who may be relayed any of its contents.

9. UPDATES TO THIS SITE AND SERVICE

We aim to update this Site regularly, and may change the content at any time. If the need arises, we may suspend access to this Site, or close it indefinitely. Any of the material on this Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

10. INTERACTIVE SERVICES

We may from time to time provide functionality on our site or service, that allows interaction through Services including but not limited to chat room.

Normally we do not moderate any interactive service that we provide, however we may remove any content that is not in line with these terms or Content Standards, at our sole discretion without notice and at any time.

Please note, we are under no obligation to make available, manage, oversee, monitor or moderate any interactive service or its content that we provide on this Site or service. We exclude our liability for any loss or damage arising from the use of any interactive service that we provide by any user that deviates or is in contravention of our Content Standards, irrespective whether the service is moderated or not. If we decide to moderate any interactive service, we will provide you with a means of contacting the moderator, should a concern or difficulty arise.

11. YOUR VISITS AND RELATED INFORMATION

Information relating to your visits and use of this Site and service is processed in line with our Privacy Policy.

Following governs the content standard for any material or content which you contribute to this Site or service or any interactive service that we provide.

Contributions must be fact based, accurate and comply (at all times) with the UK law and of the country from where such contribution is made, if different from above. Please be polite and use the language of the website.

It must not contain or promote any content which (to any one) is:

(a) Offensive, hateful, blasphemous, abusive, threatening, upsetting, profane, obscene, sexually explicit, defamatory, violent, discriminatory (religion, race, sex, nationality, disability, sexual orientation or age), racist, deceiving, misleading, misrepresenting, exaggerating or unlawful (b) Advertise or promote any other interests than this business (c) Personal information including contact detail or any copyright material (d) Encouragement or alternative to conduct business outside or through alternative means than provided by this website (e) Computer code or scripts

13. CYBERCRIME, VIRUSES AND HACKING

You must not misuse, attack or compromise this website, application (where we make one available) and our service including any of its infrastructure. Any act of doing so would constitute a breach of these terms and applicable law, and you may commit a criminal offence under the applicable regulations. Any such breach will be reported to the relevant authorities and full information will be furnished. Such acts include but are not limited to introduction of any malicious technology or code such as viruses, Trojans, hacking, denial of service attacks, unauthorized access or attempts. In any such event your right to use this website, application (where we make one available) and our service will cease immediately.

Although we will use reasonable care and skill to ensure that this website, application (where we make one available) and our service are safe, secure and free from bugs, viruses and other defects, we do not guarantee it. We accept no liability for any loss or damage resulting from your use of this website, application (where we make one available) and our service or to any content or service it may redirect to, to your computer, equipment, data or any content or material.

14. BREACH AND TERMINATION

Failure to comply with these terms, in part or full, specifically ‘Acceptable use’ or Content Standards may result in immediate suspension of (your) account and or service (without notice) either permanently or temporarily and or legal action.

15. YOUR FEEDBACK AND CONCERNS

Please provide feedback relating to your purchase (of the product and service received) from the sellers on this Site or application (where we made one available) to reflect your experience. This is facilitated through rating and review functionality available on the related product page that you ordered. Subject to our Content Standards, and Terms of this site, if in line it would then appear under the relevant Seller.

If you have any concerns or complaints relating to this site or content, please contact us through our Contact us page.

16. LIABILITY

Nothing in these Terms limits or excludes our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation or any matter that cannot be limited or excluded under applicable law. These Terms do not replace or affect your statutory rights.

The Site and service is provided “as is” and “as available”, we will not be responsible for any errors or omission with reference to the content, any technical issues, or its availability that you may experience with this site, application (where we make one available) or our service. Every care is taken in preparation of this Site, its content and our Service. If we are informed of any inaccuracies on this Site or in our Service we will attempt to correct this as soon as we reasonably can.

To the fullest extent permitted by law, we disclaim all liability. Under no circumstances whatever will be liable to you, including but not limited to claims, loss or damage which you may incur, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, resulting from the use or in connection with our Site, any content or Service.

Subject to above (2 paragraphs), our maximum aggregate liability under and/or in connection with these Terms and conditions or any contract (whether in contract, tort (including negligence) or otherwise), in respect of all our acts, omissions (including negligence), breach of statutory duty or of warranty, our officers, employees, agents, contractors or sub-contractors, shall not exceed the total amount paid by you for your order.

17. CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Each time you use this Site including placing an order, the current version of the Terms will apply. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

18. WAIVER

Relating to these Terms, regarding your obligation and or our rights and remedies to which we are entitled, if at any time they are not forced upon strictly or exercised, then this shall not constitute as waiver of such our rights, remedies or your obligations.

Any waiver must be agreed by us in writing.

19. SEVERABILITY

If any of these Terms and Conditions are found to be unlawful, invalid or unenforceable by any court of competent jurisdiction, then the rest of these Terms and Conditions shall remain valid and in full force. Any statement or clause found to be unlawful invalid or unenforceable shall be deemed modified to the extent to make it lawful, valid and enforceable.

20. ENTIRE AGREEMENT

These Terms set out the entire agreement between you and us and supersedes and extinguishes any and all prior agreements, drafts, terms, conditions, understanding, warranties, representations between the parties whether written or oral relating to its subject matter. Each party agrees that it shall have no claim for innocent or negligent misstatement based on any statement in these Terms of use.

21. THIRD PARTY RIGHTS AND ASSIGNMENT

Only you and Foodies Factory shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

You may not assign or subcontract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing beforehand.

We may assign, transfer or subcontract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we will remain liable towards you for the full performance of our agreement and for the performance by any such third party.

22. APPLICABLE LAW, JURISDICTION AND LANGUAGE

English courts will have exclusive jurisdiction over any dispute or claims (including non-contractual) that arise from or in connection with the use of this website or our service, and shall be governed and construed according to English Law, along with these terms. All contracts from this website will be concluded in the language of these Terms and Conditions i.e. English.

UPDATED: 12, November 2024

1. INTRODUCTION

This document (along with any documents herein mentioned) forms the Terms and conditions that apply when you make a purchase through this website or an application (or app) we make available. Please note for your purchase, order must be placed and paid through this website or an application (or app) where we made one available, any transaction outside is strictly prohibited and constitutes breach of these terms.

Please read these Terms carefully before placing any order as they are legal binding on you. By accessing this site or application or using our service, you are consenting to be bound by these Terms. If you have any questions relating to these terms then please contact us through our Contact us page. If you do not agree to these Terms of use, then do not access or use this website, our application or any part of the service.

These terms do not limit any applicable statutory rights.

2. OUR DETAILS

This website and service is operated by Tangible Logic Limited ("us", "we", "our" or "Foodies Factory"), a UK company with registered offices at 27 Old Gloucester Street, London, England, WC1N 3AX, Company registration number 09371037.

3. SERVICE OBJECTIVE

We provide means to connect you to sellers through this Site or application (where we made one available) allowing you to order listed products and services for delivery or collection.

When you order from one of the sellers on this Site or application (where we made one available), we i.e. Foodies Factory acts as an agent on behalf of that seller (s), and will conclude the order and manage the ordering process on their behalf. The legal contract for the supply and purchase of goods and services is between you and the seller with whom you place your order. The contract is made up of these Terms, respective product listing and order confirmation communication. Any remedies, liability or claim arising due to breach of the contract would be between the parties to the contract. Foodies Factory has no control over sellers and does not provide any assurance including but not limited to the quality of the products and services that they provide, take no responsibility and cannot be held liable.

4. OPENING YOUR ACCOUNT

You need to open an account with us (“Your Account”) before you can place an order. The account will require some compulsory personal information. Please refer to our Privacy Policy and Cookies Policy for detail on what information is required and how personal information will be used and stored.

You confirm that all information and details provided by you to us is true, accurate and will be kept up to date at all times and in every respect and that your intention for making an account is to make legitimate purchase from our website or application where one is made available. Account details can be updated any time by accessing your account and updating the required information.

When you create an account we may provide you with a temporary password that would need changing when you first access your account or ask you to set one.

The account is meant for you only, it is your responsibility to keep it safe and maintain your password and account information confidentiality. If anybody else uses this information and places an order, you will be liable for the full value of the order. Should you suspect or become aware of unauthorized use of your account or password, please contact us immediately through our Contact us page.

We shall not be liable to any one for any loss or damage which may arise as a result of any failure by you to protect your password or account. We may suspend your account or close it permanently without notice if we suspect any misuse of service such as fraudulent activity, unnecessary refunds and or misuse of account for example being used by someone else or not for legitimate purpose.

5. ORDERING

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. To place an order, you add items you wish to order in your cart by using “Add to cart” button, In the Cart view, you can review your order including delivery options and remove any item you have changed your mind about before proceeding to the checkout. When you place your order by clicking the "Place order" button, you are making a binding offer to purchase the items in the cart. On receipt of your order, we will send you an automatic email confirmation “Order confirmation” that your order has been placed. Please note that a placed order is an offer and does not constitute a binding contract until the order has been approved by the seller.

If the seller approves your order, depending upon your chosen option we will send you either “Dispatch confirmation” or “Ready for collection” confirmation email which is seller’s approval of your order and the conclusion of the contract. In respect of age restricted items, approval and contract conclusion will be at the moment of delivery to you or when you collect, upon which the seller may require you to show valid photographic ID with a date of birth. The Contract will relate only to those items whose dispatch or availability for collection we have confirmed in the “Dispatch confirmation” or “Ready for collection” confirmation. The seller will not be obliged to supply any other items which may have been part of your order, until the dispatch or readiness for collection of those items has been confirmed in a separate applicable “Dispatch confirmation” or “Ready for collection” email.

For various reasons, the seller may not be able to approve your order. The seller reserves the right to not approve your order for any operational, legal, or commercial reason. For example, the ordered item may be damaged with no more stock available or item description being inaccurate. If the seller is unable to approve your order, the seller will let you know at the earliest opportunity after the automatic email order confirmation has been sent, but before the seller approves your order and we send you “Dispatch confirmation” or “Ready for collection” confirmation email. Where we have already received payment for an order that is not approved by the seller, we will refund the applicable amount using the same method you used to make the payment.

CORRECT INFORMATION AND DELIVERY ADDRESS

Before placing an order, always ensure your account details and delivery address are up to date and correct and your chosen delivery option is available at your location. It is your responsibility to provide correct and complete information and delivery address that accepts delivery when placing an order and select a delivery option available at your location. Where this is not the case, full responsibility including that for any delay or loss sits with you, we cannot accept any liability.

If you have made a mistake, please notify the seller at earliest, please see 'Contacting seller' in FAQ for how to do this. Please note the seller will always try their best to help with your request wherever possible, any such act will be in good faith and not an obligation. Where an order or part thereof (1) can be stopped in time then it will be refunded (2) where it has already been dispatched or cannot be stopped or restocked such as made to order or perishable goods then your purchase will be finalised with no entitlement to any replacement or refund. Where it gets returned to the seller by the delivery company due the circumstances described above, and is in undamaged saleable condition that can be restocked and does not incur any additional expense, then the received will be refunded.

6. PAYMENTS AND PRICES

Payment for all purchases on this site must be made using credit or debit card, or any other payment method that we make available.

Only official vouchers, coupons or other discount offers where made available by FoodiesFactory.com and meet the requirements may be redeemed and will be governed by the respective published Foodies Factory terms such as for voucher or coupon.

We are authorized by our sellers and they accept; (a) For us to act as their commercial agent to directly accept and process payments on their behalf for purchases that you make through this website or our application where we made one available. (b) Once valid full payment by you to us has been made for your item(s) including item price and or where applicable shipping and any taxes shall fulfil your obligation for the relevant item to the seller(s) for payment and or any resulting debt obligation for such item(s) owned by you to sellers. (c) To notify third parties that we are so authorized.

Prices are subject to change without notice any time by the respective sellers. All prices are shown in the applicable currency, Pound Sterling. Total price of your order along with its breakup show applicable item(s) price, any discount, delivery and taxes will be shown at the checkout page before your order is placed.

Delivery availability and charge may vary depending upon a number of factors including but not limited to your location.

Any additional cost imposed by a bank, payment processor or similar relating to your transaction such as International fee will be your responsibility.

7. DELIVERY

Delivery charges and timescales vary depending on the type of service you select, delivery address and ordered product(s) or service(s). Available delivery option(s) for your chosen product(s) will be shown along with their cost and estimated time scale where available, at the product page and checkout before you make the payment. Please carefully review each option and ensure they are available for the desired location before selecting an option and placing an order. If required please contact the seller for clarity before placing the order, please see 'Contacting seller' in FAQ for how to do this. Where no delivery option for a listing is available for your desired location it cannot be delivered.

Subject to availability, every effort is made to deliver within the provided time frame however delivery may sometimes take longer due to unexpected events. If your order does not arrive by the estimated time of delivery, please contact the seller and they will try their best to help you. For how to do this, please see 'Contacting seller' in FAQ. Please note delivery dates where provided are for information purposes only and are best estimates, they are not guaranteed and may vary, we recommend not to reply upon them solely and do not accept any liability.

Delivery cost is determined by each seller and the delivery option that they make available for their products. Where an order is placed with a single seller, respective delivery cost where applicable will be added. It is possible to place an order with items from more than one seller. Where this is the case, delivery charge for each seller’s item(s) where applicable will be separate as the order will be fulfilled by respective sellers and may be dispatched from different locations and may arrive separately on different estimated dates where shown.

If you have missed your delivery, please contact the seller immediately to check available options and or the delivery company where tracking information or missed delivery notification is available to you. Please note redelivery and redirection where available may be chargeable. If delivery cannot be made due to a customer i.e. you not being present or refuses to accept, you are still liable for the full price of your order including delivery, your purchase will be finalised with no entitlement to refund.

COLLECTION

Where collection is selected, order must be collected by you from the specified address and within the specified time frame and hours, of the “Ready for collection” email notification or via order update or message. Where no collection time frame is specified by the seller, please ensure to collect your order within 24 hours incase of perishable goods or otherwise within 72 of being notified. No collection will result in your purchase being finalised with no entitlement to refund.

8. RECEIVING YOUR ORDER

When receiving your order, either through collection or delivery, please first check for any damage before accepting item(s). If your goods are damaged, then:

(a) Please do not accept the delivery or collection (b) Show the damage to the person delivering or offering collection, to make them aware (c) Secure photographic evidence, which if requested must be provided showing the issue where it can be observed visually (d) Notify the seller immediately and provide relevant detail, please see the FAQ for how to do this.

Where goods are damaged you can request either a replacement or full refund. Replacement is subject to availability along with any applicable lead time, the seller reserves the right to cancel the order and provide full refund should they choose to.

Please note any claim for damage cannot be entertained once the item has been collected or delivered. We accept no liability for any damages or claim whatsoever; the sole remedy available to you is as above. Please refer to Returns and Refunds for detail relating to refunds.

When receiving your order, the seller may require you to show valid photographic ID with a date of birth, such as for age restricted items or to verify your identity when collecting. Depending upon the situation, failure to comply may result in refusal of handing over your order. In such a situation, you are still liable for the full price of your order including delivery and any other charges where applicable, your purchase will be finalised with no entitlement to refund.

9. PRODUCT AND SERVICE DESCRIPTION

All description is provided by the relevant seller(s) who is responsible for accuracy of their advertised good(s) and service(s) on this site.

Weight, dimension and related information is approximate only and may vary. Images are for illustration purpose only, actual goods may vary in attributes like colour, appearance especially where handmade or made to order.

While every care has been taken to ensure product information is correct, products are subject to continuous improvements and may change so the actual product or packaging may be different than that shown on our website. Please refer to the product for information before any use or consumption, the information on the website is provided for information purposes only and is not its substitute and should not be relied upon solely. Certain products may contain or have traces of nuts or other allergens.

If you have any allergy, queries or concerns, please contact the manufacturer prior to ordering. Foodies Factory cannot guarantee that any of the items sold by the sellers on our website are free of allergens and do not accept any liability for any incorrect information or misstatements about products by manufacturers, makers or any other third parties. If required please contact the seller for clarity before placing the order, please see 'Contacting seller' in FAQ for how to do this.

10. COMMUNICATION WITH THE SELLER

Any contact or communication with the seller, at any point must be only through our site using the provided functionality or application where we made one available. Any contact or exchange of information outside of this constitutes breach of these terms.

11. RISK AND TITLE

The Items will be at your risk from the time of delivery or collection, whichever is applicable. Ownership of the items will only pass to you when, we receive full payment of all sums due in respect of the items including delivery charges or upon delivery or collection, whichever is the later.

12. CANCELLATION

We may cancel an order at our sole discretion and without any notice. Where we cancel an order, any monies that you have already paid to us shall be refunded in full, please refer to Returns and Refunds for detail.

If you are not satisfied, items can be returned within 14 days for a full refund from when you receive them by notifying the seller. Please note exceptions apply; excluded items cannot be returned or refunded, please refer to Exceptions below for detail.

RETURNS

Please submit a return request within 14 days from when you receive your item(s), please see the FAQ for how to do this and the required information. Please note all returns are subject to seller’s approval. You should hear from the Seller within 2 working days of receiving your request. Please provide timely responses and requested information where required to help conclude your request without delay.

Where an order has already been dispatched or delivered it would need returning to the seller before the request can be concluded. Returning the item to the seller is your responsibility. Item(s) returned must be unused, unopened and undamaged along with and in their original packaging and in a saleable condition. You have to return the item(s) at your cost to the seller and are advised to use tracked delivery with appropriate cover for transparency and peace of mind, unless the received was incorrect, damaged or faulty in which case the cost will be the seller’s responsibility. Where it is the seller’s responsibility the seller will provide you with a prepaid return label or similar arrangement, and in either case with any necessary instructions to return.

Please note you have 14 days from the date when you request a refund, for the item(s) to be returned to the seller. If all the approved item(s) for the return request, where it has more than one, does not reach the seller within this time or if you return your item(s) without prior agreement with the seller or without following the process then, your purchase will be finalized with no further entitlement for refund.

Once the item(s) is received and inspected by the seller (1) refund shall be provided for the line item(s) approved by the seller against your request. Please note the seller reserves the right of deduction, if the value of the goods has been reduced as a result of you handling the goods more than was necessary, or (2) where you received damaged or faulty item or have placed but have not received the order, based on your preference the seller can provide either replacement subject to availability or refund.

REFUND

Refund shall be processed within 14 days of either receipt of your returned item by the seller or receipt of your request where no item has been dispatched by the seller for your order, subject to seller's approval, please refer to Returns for detail. Refund will be made through the debit or credit card or any other payment method that we made available and used for the original payment, and will be up to the amount paid for the order only excluding any discount.

Please note perishable goods, food, personalized items, special order and ‘made to order goods’ are non-returnable and non-refundable. They can only be returned or refunded in accordance with your statutory rights i.e. when the item is faulty, damaged, not as described or fit for purpose.

14. PROBLEM WITH YOUR ORDER

LET THE SELLER KNOW

If there is any problem with your order, please let the seller know at earliest who would be happy to work with you to resolve the issue.

• If you have placed the order but have not received your item, check the status of your order and tracking information where available. Once an order is dispatched or available for collection, a notification via email is sent. If the expected arrival time has passed, request an update from the seller to help trace your item, or provide a replacement or refund based on the situation.
• If you have received an incorrect, damaged or faulty item, you can return it for refund or replacement subject to availability, please refer to Returns and Refunds for detail and FAQ for how to do this.

ADDRESSING YOUR CONCERN

Whilst the seller tries to resolve your issue, please bear with them and extend any reasonable support, such as prompt provision of information where requested. From your contact, please allow 7 days for the seller to address your concern, in the unlikely event if the seller is unable to resolve the issue within the above time frame or if you feel it is not to your satisfaction, you can request us to step in. You can get in touch with us through our Customer Service page, we would be happy to assist you.

15. EVENTS OUTSIDE OF OUR CONTROL

We and or the Sellers on this Site or application (where we made one available) will not be responsible for breach of our obligation under these Terms or liable for any damage or loss where circumstance or events are beyond our reasonable control, for example inclusive but not limited to acts of God, fire, flooding, severe weather, war, national emergency, strikes or similar circumstances.

16. DATA PROTECTION

We process your personal information in line with our Privacy Policy, please refer to it for further detail.

17. CHANGES TO THESE TERMS

We may revise these terms at any time by amending this page. Each time you use this Site including placing an order, the current version of the Terms will apply. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

18. LIABILITY

Nothing in these Terms limits or excludes our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation or any matter that cannot be limited or excluded under applicable law. These Terms do not replace or affect your statutory rights.

All items description and content posted on this site is “as is” and “as available”, and without any warranties, express or implied. Except as expressly provided in these Terms and Conditions, we exclude all representations, warranties, conditions, terms, statements, undertakings and obligations whether express or implied to the fullest extent permitted by law.

We supply product(s) and service(s) for domestic consumption only and are not liable for any business losses including but not limited to loss of profit, revenue, sales, disruption, or business opportunity.

Subject to paragraph 1 above, to the fullest extent permitted by law, we disclaim all liability. We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, whether direct or indirect, arising out of or in connection with these Terms and Conditions for:

• any loss or damage that you suffer as a result of your own breach of these terms.
• any loss of profit, contracts, business, goodwill, sales, data, income, revenue, business opportunity, direct or consequential or anticipated savings
• For corruption or loss of data, information or software, either direct or consequential
• any loss or damage that you suffer as a result of your own breach of these terms.
• any loss of profit, contracts, business, goodwill, sales, data, income, revenue, business opportunity, direct or consequential or anticipated savings
• For corruption or loss of data, information or software, either direct or consequential

Subject to above (paragraphs in the Liability clause), our maximum aggregate liability under and/or in connection with these Terms and conditions or any contract (whether in contract, tort (including negligence) or otherwise), in respect of all our acts, omissions (including negligence), breach of statutory duty or of warranty, our officers, employees, agents, contractors or sub-contractors, shall not exceed the total amount paid by you for your order.

19. WAIVER

Relating to these Terms, regarding your obligation and or our rights and remedies to which we are entitled, if at any time they are not forced upon strictly or exercised, then this shall not constitute as waiver of such our rights, remedies or your obligations. Any waiver must be agreed by us in writing.

20. THIRD PARTY RIGHTS AND ASSIGNMENT

Only you and Foodies Factory shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

You may not assign or subcontract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing beforehand.

We may assign, transfer or subcontract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we will remain liable towards you for the full performance of our agreement and for the performance by any such third party.

21. ENTIRE AGREEMENT

These Terms set out the entire agreement between you and us and supersedes and extinguishes any and all prior agreements, drafts, terms, conditions, understanding, warranties, representations between the parties whether written or oral relating to its subject matter. Each party agrees that it shall have no claim for innocent or negligent misstatement based on any statement in these Terms.

22. APPLICABLE LAW, JURISDICTION AND LANGUAGE

English courts will have exclusive jurisdiction over any dispute or claims (including non-contractual) that arise from these terms or in connection with the use of this website or our service, and shall be governed and construed according to English Law, along with these terms. All contracts from this website will be concluded in the language of these Terms and Conditions i.e. English.

23. SEVERABILITY

If any of these Terms and Conditions are found to be unlawful, invalid or unenforceable by any court of competent jurisdiction, then the rest of these Terms and Conditions shall remain valid and in full force. Any statement or clause found to be unlawful invalid or unenforceable shall be deemed modified to the extent to make it lawful, valid and enforceable.

UPDATED:12, November 2024

1. INTRODUCTION

This document (along with any documents herein mentioned) forms the Terms and conditions that apply to the Gift Certificate, including its purchase and use. Please read these Terms carefully before placing any order as they are legal binding on you. By purchasing our Gift Certificate, you are consenting to be bound by these Terms.

2. OUR DETAILS

The Gift Certificates are provided by Tangible Logic Limited ("us", "we", "our" or "Foodies Factory"), a UK company with registered offices at 27 Old Gloucester Street, London, England, WC1N 3AX, Company registration number 09371037.

3. ELIGIBILITY

To make a purchase you must be 18 years of age or over and can enter into a legal contract.

4. PAYMENTS

Payment for all purchases on this site must be made using credit or debit card, or any other payment method that we make available.

5. REFUNDS & RETURNS

Gift Certificate has a 14 day refund period from the date of purchase provided it has not been redeemed, after this time it cannot be refunded.

Gift Certificate is a digitally distributed product and does not need to be returned. Once refunded, it will be cancelled.

6. GENERAL

In addition to these terms, the general Foodies Factory terms and conditions will apply to your purchase and use of the Gift Certificate.

7. CONTACT & HELP

If you have got any queries you can contact us through our Contact us page.

8. PRIVACY POLICY

We process your personal information in line with our Privacy Policy , please refer to it for further detail.

9. CHANGES TO THE GIFT CERTIFICATE TERMS AND CONDITIONS

Foodies Factory reserves the right to amend the terms and conditions of Gift Certificates at any time and to take appropriate action, including refusal to accept or cancellation of the certificate, where such an action is deemed necessary, for example for fraud prevention.

10. REDEMPTION

Foodies Factory Gift Certificates can be redeemed online at FoodiesFactory.com to purchase item(s) only.

They may be used to purchase item(s) of a higher price than the amount on the certificate, on payment of the difference. Payment for all purchases must be made using credit or debit card, or any other payment method that we make available.

Foodies Factory Gift Certificates cannot:

• Be exchanged for cash
• To buy another Gift Certificate
• To pay for Delivery charge or Return postage
• Resold or transferred
• Pay for any other service that we may offer
• Redeemed with another discount code
• Redeemed with another Gift Certificate

If any item purchased with a Gift Certificate is subsequently refunded, any money owing will be added to the remaining balance on the Gift Certificate, or upon our discretion we may issue a new Gift Certificate equal to the value of refund and any existing balance on your Gift Certificate. Where we issue a new certificate it will have the remaining validity as the original Gift Certificate, and the old will be cancelled.

If the entire balance on the Gift Certificate is not spent, the remaining balance will be updated after each transaction and available for use till the expiry of the validity period.

You can check the balance within your account. If you need assistance get in touch via our ‘Contact us’ page. Additional information may be requested where required to assist with your query.

11. VALIDITY PERIOD

Gift Certificates are valid for 12 months from the date of purchase and are delivered via email shortly after purchase. Any remaining balance will be cancelled on expiry of the validity period; no refund will be issued for any unused balance.

12. HOW TO REDEEM?

A Gift Certificate can be redeemed online at FoodiesFactory.com by entering its code at the checkout when placing an order. Once the code has been entered, the order value will reduce depending upon the available balance on the Gift Certificate and the order value.

13. SAFE KEEPING & SECURITY

Keeping your Gift Certificate safe at all times is solely your responsibility. Similar to a password, it must not be shared with anyone and is solely for you. If it gets stolen or used without your permission no replacement or refund will be provided. We will not be liable to you or any person for any loss or damage which may arise as a result of any failure by you to protect this information.

If we suspect any misuse or potential misuse of Gift Certificate such as fraudulent activity, we may:

• Suspend your account or close it permanently without notice
• Cancel the gift card, no refund or replacement will be provided
• May take legal action

14. LIABILITY

Nothing in these Terms limits or excludes our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation or any matter that cannot be limited or excluded under applicable law. These Terms do not replace or affect your statutory rights.

All items description and content posted on this site is “as is” and “as available”, and without any warranties, express or implied. Except as expressly provided in these Terms and Conditions, we exclude all representations, warranties, conditions, terms, statements, undertakings and obligations whether express or implied to the fullest extent permitted by law.

We supply product(s) and service(s) for domestic consumption only and are not liable for any business losses including but not limited to loss of profit, revenue, sales, disruption, or business opportunity.

Subject to paragraph 1 above, to the fullest extent permitted by law, we disclaim all liability. We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, whether direct or indirect, arising out of or in connection with these Terms and Conditions for:

Subject to above (paragraphs in the Liability clause), our maximum aggregate liability under and/or in connection with these Terms and conditions or any contract (whether in contract, tort (including negligence) or otherwise), in respect of all our acts, omissions (including negligence), breach of statutory duty or of warranty, our officers, employees, agents, contractors or sub-contractors, shall not exceed the total amount paid by you for your Gift Certificate. Sole remedy available to you is replacement of a Gift Certificate. Where provided, such replacement will be of the same amount and validity as of the original Gift Certificate.

15. ENTIRE AGREEMENT

These Terms set out the entire agreement between you and us and supersedes and extinguishes any and all prior agreements, drafts, terms, conditions, understanding, warranties, representations between the parties whether written or oral relating to its subject matter. Each party agrees that it shall have no claim for innocent or negligent misstatement based on any statement in these Terms.

16. CHANGES TO THESE TERMS

We may revise these terms at any time by amending this page. Each time you use this Site including placing an order, the current version of the Terms will apply. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

17. WAIVER

Relating to these Terms, regarding your obligation and or our rights and remedies to which we are entitled, if at any time they are not forced upon strictly or exercised, then this shall not constitute as waiver of such our rights, remedies or your obligations. Any waiver must be agreed by us in writing.

18. THIRD PARTY RIGHTS AND ASSIGNMENT

Only you and Foodies Factory shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

You may not assign or subcontract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing beforehand.

We may assign, transfer or subcontract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we will remain liable towards you for the full performance of our agreement and for the performance by any such third party.

19. SEVERABILITY

If any of these Terms and Conditions are found to be unlawful, invalid or unenforceable by any court of competent jurisdiction, then the rest of these Terms and Conditions shall remain valid and in full force. Any statement or clause found to be unlawful invalid or unenforceable shall be deemed modified to the extent to make it lawful, valid and enforceable.

20. APPLICABLE LAW, JURISDICTION AND LANGUAGE

English courts will have exclusive jurisdiction over any dispute or claims (including non-contractual) that arise from these terms or in connection with the purchase and use of Gift Certificate from this website, and shall be governed and construed according to English Law, along with these terms. All contracts from this website will be concluded in the language of these Terms and Conditions i.e. English.