Terms & Conditions

Welcome to our website

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Fruit 4 Limited’s relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please do not use our website. The term Fruit 4 Limited’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 3 London Wall Buildings, London, EC2M 5PD. Our company registration number is 6645877. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Business privacy policy

This privacy policy sets out how Fruit 4 Limited uses and protects any information that you give Fruit 4 Limited when you use this website. Fruit4 Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then

What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. How we use cookies A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected].
  • We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
  • You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 4 Bloomsbury Place London WC1A 2QA.
  • If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Clause

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; andany 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.