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Terms of service

TERMS OF SUPPLY


This page (together with the documents expressly referred to in it) tells you information about us and the terms and conditions (“Terms”) upon which we sell any of the products (“Products”) listed on our website, www.fruit4london.co.uk (the “Website”) either through the Website or by telephone or any other method.

These Terms will apply to any contract between us for the sale of the Products to you. We would like you to read these Terms carefully before ordering from our website or over the phone as they apply as soon as you place an order with us and you agree to be bound by them.

You should print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time.

WHO WE ARE

  • We are Fruit 4 Limited (trading as Fruit4London), a company registered in England and Wales under the number 6645877. Our registered address is 3 London Wall Buildings, London, EC2M 5PD (“we”, “our” or “us”).
  • We carry out the business of delivering and selling the Products.

Agreed Terms

Interpretation

  • Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
  • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

Supply of the products

  • We will supply and you shall purchase such quantities of Products as you may order from us in accordance with the terms and conditions of this agreement.
  • If you amend or cancel an order, your liability to us shall be limited to payment to us of all costs reasonably incurred in fulfilling the order up until the date of deemed receipt of the amendment or cancellation. If, however, the amendment or cancellation results from our failure to comply with our obligations under this agreement you shall have no liability to us in respect of it.
  • The images of the Products on the Website are for illustrative purposes only. Your Products may vary slightly from those images.
  • The packaging of the Products may vary from that shown on images on the Website.
  • Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a tolerance of 10%.
  • All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
  • Time is not of the essence for any obligation in this agreement.
  • We have a minimum purchase threshold, which is detailed on our Website.
  • If the combined price of the Products purchased by you during a year (or part thereof) (“Actual Purchase Amount”) is less than the minimum purchase threshold (or pro rata proportion, as the case may be), then, except to the extent the shortfall in purchases was caused by our default or by a Force Majeure Event, we may require you to pay us the difference between the minimum purchase threshold and the Actual Purchase Amount.
  • The products supplied to your under this agreement shall:
    • conform to the details on the Website, save for allowable tolerances;
    • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended);
  • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract
  • We shall ensure that the Products are properly packed and secured in such manner as to enable them to reach you in good condition.

Delivery

  • The delivery of an order shall be completed when we unload the Products at the delivery location specified by you when you place an order.
  • Delays in the delivery of an Order shall not entitle you to:
    • refuse to take delivery of the Order; or
    • claim damages; or
    • terminate this agreement, subject to clause 8.2.
  • Packaging materials (in particular our boxes) shall remain our property and we request that you make them available for collection when we next deliver to you or at a location we specify if you are not making a recurring order. Returns of packaging materials shall be at your expense.

Acceptance and defective products

  • If you find that any Products delivered to you do not comply with clause 2.10, you must notify us immediately or at the least the same day, as we primarily deliver perishable goods.
  • If you do not notify us in accordance with clause 4.1, you shall be deemed to have accepted the Products.
  • The Supplier shall not be liable for Products’ failure to comply with the warranty set out in clause 2.10 if you make any further use of such Products after giving notice in accordance with clause 4.1.
  • If you reject Products after notification in clause 4.1 we will, at our sole discretion, either repay the price of the rejected Products or deliver alternative Products on a future date to be agreed between us.
  • Our Product prices are inclusive of VAT where it is applicable. Most perishable good are at ZERO VAT.
  • The Product prices are inclusive of the costs of packaging and delivery.

Terms of payment

  • If you are a consumer payment for the Products is in advance. We will not charge your debit or credit card until we have dispatched your order.
  • If you are a business we shall invoice you for each order on or at any time after delivery and you agree to pay invoices in full and in cleared funds within 14 days of delivery except if we agreed by writing otherwise
  • Any payment due to us under this agreement is not paid by the due date for payment, then, without limiting any other remedies we have, you shall pay interest on the overdue amount at the rate of 8% per annum above the NATIONAL WESTMINSTER BANK’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The defaulting party shall pay the interest together with the overdue amount. In relation to payments disputed in good faith, interest under this clause is payable only after the dispute is resolved, on sums found or agreed to be due, from 2 days after the dispute is resolved until payment.
  • If you dispute any invoice or other statement of monies due, you must immediately notify us in writing.
    • All payments payable to us under this agreement shall become immediately due and payable:
      • on termination of this agreement for any reason; or
      • if you become subject to any of the events listed in clause 7.3(a) to clause 7.3(c) inclusive.
  • If you are a consumer payment for the Products is in advance. We will not charge your debit or credit card until we have dispatched your order.
  • If you are a consumer payment for the Products is in advance. We will not charge your debit or credit card until we have dispatched your order.
  • This clause 5.5 is without prejudice to any right to claim for interest under the law or under this agreement. 
    • Limitation of liability
      • This clause only applies to Businesses.
      • This clause sets out the entire financial liability of the parties.
      • Nothing in this agreement shall limit or exclude the liability of either you or us for:
        • death or personal injury resulting from negligence; or
        • fraud or fraudulent misrepresentation; or
        • breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
        • breach of section 2 of the Consumer Protection Act 1987; or without prejudice to clause 6.3, we shall not under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
          • loss of profit; or
          • loss of goodwill; or
          • loss of business opportunity; or
          • loss of anticipated saving; or
          • loss or corruption of data or information; or
          • special, indirect or consequential damage suffered by you that arises under or in connection with this agreement
      • Without prejudice to clause 6.3 or clause 6.4, our total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the price of the Products ordered.
    • Termination and suspension
      • Without affecting any other right or remedy, if you are a consumer you may cancel this contract at any time, by letting us know by email or post. The cancellation is effective by email on the date you send the email and by post 2 working days after postage.
      • If you are a business, without affecting any other right or remedy available, you may terminate this agreement with giving written notice to us 7 days in advance of the termination date.
      • Without limiting our other rights or remedies, we may suspend provision of the Products supplied under this agreement or any other contract between us if you become subject to any of the events listed below, or we reasonably believe that you are about to become subject to any of them:
        • you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
        • you suspend, or threatens to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or
        • if you fail to pay any amount due under this agreement on the due date for payment.
      • Termination of this agreement shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
      • loss of profit; or
      • Force majeure. Force majeure event means any circumstance not within our reasonable control including, without limitation: 
        • acts of God, flood, drought, earthquake or other natural disaster;
        • epidemic or pandemic;
        • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
        • nuclear, chemical or biological contamination;
        • any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
        • collapse of buildings, fire, explosion or accident; and any labour or trade dispute, strikes, industrial action or lockouts outside of our control;
        • non-performance by suppliers or subcontractors; and
        • interruption or failure of utility service.
      • Provided we have complied with clause 8.3, if we are prevented, hindered or delayed in or from performing any of our obligations under this agreement by a Force Majeure Event, we shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
      • We shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
    • Severance
      • If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
    • Entire agreement
      • This agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, elating to its subject matter.
      • You acknowledge that, in entering into this agreement, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
      • You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
      • Nothing in this clause shall limit or exclude any liability for fraud.
    • Third party rights
    • A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
      • Governing law
      • This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.