FreshFoodShope.eu

TERMS & CONDITIONS.

I Definitions:

1. Terms & Conditions  stands for this document, which describes the principles of providing electronic services by the Vendor.
2. Vendor  stands for F&M Polska SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul.Solec 81B-A51, 00-382, Warszawa, PL, Tel: +48 882928022, e-mail: info@freshfoodshop.eu, NIP:7010500908
3. Customer stands for a natural person (also a consumer) aged 18 or more and processing a full legal capacity, or a legal person or entity with legal capacity. The procurer can be a natural person between 13 and 18 years of age, to the extent in which she or he can acquire rights and assume obligations in accordance with the common law, i.e. in minor current everyday matters.
4. Website stands for the software used by the Vendor, available under the internet domain freshfoodshop.eu, through which the Customer can order food offered by the Vendor.
5. Order for the purpose of this document, stands for a legal transaction made using the website placed on the FreshFoodShop.eu domain, during which the Customer expresses the will to have the ordered food delivered in accordance with its description and price.
6. Payment stands for an action of payment of the price of the Order, in a way described in Terms & Conditions.
7. Administrator of Personal Data stands for the company F&M Polska SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul.Solec 81B-A51, 00-382, Warszawa, which at the same time is the provider of the Website.
8. Personal Data Processing Responsible for the purpose of Terms & Conditions stands for the Vendor.

 

II General provisions:

 

1. In terms of the services provided electronically, this document is the Terms & Conditions mentioned in Article 11 of the Act on Rendering Electronic Services from the 18th of July 2002 (Dziennik Ustaw [Journal of Laws] No. 144, item 1204, as amended). Terms & Conditions are aimed at all Customers purchasing through the Website. The Customer and the Vendor agree to comply with all the provisions of the Terms & Conditions.
2. All the information contained on the website under the FreshFoodShop.eu address, concerning goods and services together with their prices, do not constitute a commercial offer within the understanding of Article 66 of The Civil Code, but an invitation to conclude an agreement referred to in Article 71 of The Civil Code.
3. It is prohibited for the Customer to use the Website in a manner contrary to law, morality or in a way which prejudices the legitimate interests of the Vendor. In particular, the Customer will not undertake any activities that might expose the Vendor for loss in the terms of finances or image.
4. The registration is not a preliminary condition for using the Website by the Customers. The agreement can also be concluded by unregistered Customers.
5. Customer declares that the information provided by her or him – in particular the address and the e-mail address – are consistent, correct and complete. In the case of providing false data or data not belonging to the Customer, the Vendor may immediately delete the account of the Customer and inform the appropriate authorities.
6. The Customer in no case has the right to donate her or his access data to third parties, especially not the password. If a third party obtains access to the account of the Customer or the Customer suspects other abuse of the account, she or he must immediately notify the Vendor.
7. If the transactions are carried out using the access data of the Customer, the Customer has to pay for its costs if she or he did not notify the Vendor at the time of the loss of their access data or other abuse.

 

III. Receiving or execution of orders

 

1. The condition to using the Website is being acquainted with these Terms & Conditions, and their acceptance.
2. The Customer by placing an order agrees to provide her or his true and complete data required by the Electronic System and acknowledges that she or he is placing the Order with the obligation to pay for it.
3. The Vendor reserves the right to confirm the placement of the Order or the correctness of data via phone or e-mail. If the Customer cannot be reached, the data is incomplete, there is suspicion that it is not true, that it belongs to a third party or that the used promotion should not be given to the Customer, the Vendor has the right to cancel upon issuing an explanation.
4. If the Customer placed an Order with the use of promotions, discounts and other preferences, to which he had no right, she or he agrees to pay the full price. The Vendor has the right to verify the powers of the Customer to purchase goods and services on preferential terms during the fulfilling of the order.

 

IV Further information concerning the Products displayed at FreshFoodShop.eu & Orders placed via the Internet:

 

1. Delivery date selection. You will be asked to select a delivery before seeing product catalog. Depending on your chosen delivery date Website will dispaly and allow to process order only for products available for your selected delivery date.
2. Availability & substitutions. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that’s very similar to the item you ordered, we reserve the right to offer item substitutions. If we are unable to fulfil your entire order with the items you order or offer appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per kg (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged. Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.
3. Order time. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. To view delivery and cutoff times, visit the Delivery section of the Website. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. You may cancel orders by contacting our Customer Service Department at info@freshfoodshop.eu or send us a message by clicking “WhatsApp” button in FreshFoodShop.eu.
4. Variable Weight Orders. Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items (price displayed per kg) is based on an estimated weight. The final price of these variable weight items will be based on the same price per kg indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.
5. Availability & substitutions. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that’s very similar to the item you ordered, we reserve the right to offer item substitutions. If we are unable to fulfil your entire order with the items you order or offer appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per kg (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged. Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.
6. The agreement between the Customer and the Vendor is deemed concluded in a moment when the Vendor confirms with the Customer that the Order has been forwarded for execution, enclosing the time of delivery or the receiving of the Order.
7. The Vendor confirms the placement of the Order by showing an appropriate notification to the Customer on the screen of a device used for ordering by the Customer. Moreover, the Customer receives an appropriate text and e-mail message. Implementing any of the aforementioned actions by the Vendor is equivalent to the Vendor’s successful transfer of the confirmation of forwarding the Order for execution.
8. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.
9. The Vendor has the right to cancel the Order in the following cases:
   1. described in section III of Terms & Conditions.
   2. failures or technical or organisational constraints preventing the Vendor to fulfil the Order.
   3. the lack of adequate resources or products to execute the Order, which the Vendor could not foresee in spite of due diligence.

 

V Delivery

1. Delivery of Products. FreshFoodShop.eu uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.
2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorised representative must be present to receive your order from our delivery personnel during agreed delivery window. We will contact You at the delivery day to agree about suitable delivery window for You. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorised representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for the same day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a cancellation fee as described above.
3. Unattended Delivery. In certain areas, FreshFoodShop.eu may offer to agree about unattended delivery. This option should be agreed individually by contacting our customer service. If unattended delivery option have been agreed, you, and not FreshFoodShop.eu, are solely responsible for products that are left at your delivery location.
4. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.
5. Delivery Fee. Generally FreshfoodShop.eu strives to ensure Free of charge delivery in delivery areas described in in Delivery section. A delivery fee may be added to your order in case of order outside our restricted delivery areas. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.
6. Tips. FreshFoodShop.eu delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.

 

VI Payment methods

 

1. The Customer chooses one of the available methods of payment upon placing the Order.
2. If chosen payment method is payment via the Internet (with a card or a quick transfer), Your will be asked to pay for your order on the day your order is delivered. Since certain perishables are priced by variable weight and the actual payment amount is not known until we have prepared and weighed your order, we trust you and your good will to pay for products ordered. On day of delivery you will receive e-mail from FreshFoodShop.eu with individually for you packed product exact weights and amount to be paid. This e-mail will contain a payment link- what allows You to pay for order with any valid bank card or a quick transfer or immediate transfer in Revolut App to given account number.   You order will be delivered only when the Vendor will receive the financial means or when its obtainment becomes guaranteed.
3. If the Vendor cancels the Order (made with a card or a quick transfer), the Vendor agrees to return the received means to the Customer in a period no longer than 7 days.
4. In case of any questions or doubts, the Customer should contact the Vendor via phone or e-mail, which are available on the FreshFoodShop.eu website.
5. At the request of the Customer, the Vendor shall issue a VAT invoice within the period prescribed by law.
6. Invoices. You will receive an email invoice the day of your delivery. All of your order invoices are available in the “Your Account” section of our Website. If something is missing from your order, please contact our Customer Service department at info@freshfoodshop.eu or send us a message by clicking “WhatsApp” button in FreshFoodShop.eu.

 

VII The right of withdrawal by the Customer

 

1. The Customer can withdraw from the agreement without providing a reason before the fulfilment of the Order by the Vendor. However, this authorisation can be used until the moment when the Vendor have executed the Order- 36 hours before midnight of expected delivery day.
2. Cancellations. Cancellation of orders after the Order have been started to execute will result in a restocking fee equal to the sum of (a) 100% of the total amount of your perishable items (since many of our perishable items are individually prepared) plus (b) 25% of the total amount of your nonperishable items.
3. About possible cancelation of your placed order please contact us at info@freshfoodshop.eu or send us a message by clicking “WhatsApp” button in FreshFoodShop.eu.
4. If the Customer has paid via the Internet, funds according conditions VI/2 will be returned within 14

 

VIII Complaints

 

1. In the case of irregularities in the supplied Order, the Customer shall inform the Vendor without delay of this fact via info@freshfoodshop.eu or send us a message by clicking  “WhatsApp” button in FreshFoodShop.eu.
2. All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at info@freshfoodshop.eu or send us a message by clicking  “WhatsApp” button in FreshFoodShop.eu. For grocery or perishable products, you have up to seven (7) days after delivery, or until the expiration date printed on the product — whichever is earlier — to contact us about the products. For frozen products, you have up to twenty-one (21) days after delivery to contact us about the products. Vendor may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.
3. The Customer’s complaint will be dealt with within 7 days after receiving information about it. The Customer will be notified of the processing of the complaint by electronic means.

 

IX Protection of personal data

 

1. By placing the Order, the Customer agrees to the processing of her or his given personal data for the implementation and operation of the Order by the Vendor, who is also the Personal Data Processing Responsible within the meaning of the Personal Data Protection Act from the 29th of August 1997.
2. Administrator of Personal Data stands for the company F&M Polska SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul.Solec 81B-A51, 00-382, Warszawa, which at the same time is the provider of the Website.
3. Personal Data Processing Responsible processes the given data on the basis and within the agreement with the Administrator of Personal Data.
4. The Customer, according to the Personal Data Protection Act, has the right to view, edit and delete his or her personal data upon request by e-mail: info@freshfoodshop.eu The Administrator of Personal Data grants anyone the right to control the processing of data in accordance with Article 32 of the Personal Data Protection Act.
5. Administrator of Personal Data or the Personal Data Processing Responsible can send commercial information to the Customer only if she or he agreed to it in the Order form placed via the Internet.
6. Providing personal data is voluntary. However, the lack of consent to the processing of personal data disallows the execution of the Customer’s Order.

 

X Final provisions:

 

1. For the correct execution of services, it is necessary for the Customer to have access to the Internet and a working e-mail address.
2. In matters not regulated herein, the regulations of the common law apply.
3. The Vendor reserves the right to change these Terms & Conditions. Amendments to the Terms & Conditions enter into force within 2 days from the date of publication. Lack of acceptance of new wording of the Terms & Conditions is equivalent to the disallowing from using the Website.
4. Terms & Conditions do not turn off and do not limit any rights the Customer who is a consumer, entitled to them under the mandatory provisions of the law. In case of conflict between the provisions of the Terms & Conditions and the mandatory provisions of the law, granting consumer rights, priority is given to those provisions.

 

This Terms & Conditions was last revised on November 01, 2020