Terms and Conditions
If for any reason you have doubts about a product received from us and whether it is fit for consumption, please contact us immediately through the Contact section of the website. Please do NOT attempt to consume the product.
These terms and conditions apply to the use of the website www.fitfodder.com
Use of this website indicates that you accept these terms regardless of whether or not you order from us. If you do not accept these terms, please do not use this website.
The www.fitfodder.com website is operated by FitFodder Limited whose registered office is 15 Old Belfast Road, Larne, BT40 2SH and is a company registered in Northern Ireland with the company number NI628829.
You can contact us via the Contact section on our website
2. How to conclude a contract with us using this website
These are the steps you need to take to conclude a contract with us:
(2) Browse our information
This website contains information about our goods which you will need to know before you place your order including descriptions of our goods, current prices including VAT, delivery and returns policies.
The information about the goods on our website constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with goods on the basis of any incorrect information, even if that information is repeated in your order.
(3) Select the goods you wish to purchase
You can select any items you wish to purchase by clicking on the “add to cart” link. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the “view cart” link. The shopping basket screen lists your current selection of items with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing items or changing quantities. You may apply any promotional discount codes supplied for marketing purposes at this stage. Please note: discount codes cannot be applied to already discounted items.
(4) Making a Purchase
To purchase the items in your basket and proceed with your order using our secure online purchasing facility, click on the “Checkout” button on the shopping basket screen. You will then be given the option to enter your email address and password if you are an existing user of the site, or you can choose to pay directly. You will then be transferred to our secure server provider Stripe or PayPal depending on your preference.
You will be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process your order.
We will acknowledge receipt of your order by email. This is not our acceptance of your order, but confirmation that it has been received.
(5) Wait for acceptance of your order
You may not assume we have accepted your order until we send you a confirmation that your order has been completed. Only if and when you receive our acceptance will we have a binding contract between us.
You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.
We will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. In particular we must receive payment of the whole of the price for the goods that you order before your order can be accepted. If we refuse your order we will let you know as soon as we can. If we accept your order we will inform you without undue delay.
Once we have entered into a contract with you we shall supply you with the items specified in your order in accordance with the terms of the contract.
3. Other information about the Contract
The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT where applicable. The shown price excludes delivery charges.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received FitFodder Limited shall confirm by email the details, description and price for the Goods and/or Services together with information on your right to cancel.
4. Cancellations & Returns
(1) Most of the Products on our site are perishable goods and will be prepared freshly for you. This means that the right to cancel the Contract does not apply. However, if you contact us before the time of dispatch of your goods, it may be possible to cancel the Contract.
(2) If you have returned a product to us because it is faulty or not as described, we will refund the price of such products in full, together with any applicable delivery charges or reasonable costs you incur in returning the Product to us.
(3) You have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
(4) Refunds, where applicable, will be made to you using the same method and to the same account as used by you to pay for your order.
(5) The images of the products on the FitFodder.com website are for illustrative purposes only. Your products will be delivered in either vacuum packaging or in sealed packaging and as such they may not resemble images we use for marketing purposes on the website. This does not affect the quality of the product delivered
(6) All of our products are prepared freshly by our suppliers and whilst we try to ensure that each cut adheres to the weight stipulated, there will inevitably be minor variations.
(7) All Products displayed on our site are subject to availability. We reserve the right to withdraw or replace products at any time.
(8) Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
5. Our rights to cancel the contract
We may cancel the contract between us if:
the goods you have ordered are unavailable for any reason;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
your transaction fails fraud scanning.
If we do cancel your contract for either of these reasons we will notify you by e-mail and provide you with a full refund. We will not be obliged to offer any additional compensation for disappointment suffered.
d. Delivery of goods to you
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
We do not currently offer a weekend delivery and so collection is made from Monday to Thursday. Therefore should an order be placed on after 12 noon on a Thursday or a Friday, we will endeavour to deliver the product by the following Tuesday.
We shall use reasonable endeavours to meet any date agreed for delivery. We will not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the goods shall be made to your address specified in the order and you should make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. You must ensure a signatory is available to receive and sign for your goods on your selected delivery date or specify a safe secure sheltered place for your goods to be left by the delivery company if you are not available to sign for the goods.Please note: guaranteed delivery is only available on fresh items. Ambient items will be sent by recorded/signed for post.
Risk in the goods shall pass to the you upon delivery of the goods to you or at your designated safe place at the time delivery was attempted.
We do not deliver to addresses outside of the UK although orders may be made through the website from outside the UK to a UK address.
Free delivery is available on all orders over £75 after all discounts, vouchers and promotional codes have been applied.
Please note that only one promotional code may be used per order. Abuse of promotional codes may result in your order being cancelled.
6. Our liability to you
a. Your remedy for damaged goods
In the unlikely event that the goods we deliver are not what you ordered or are damaged / defective, or the delivery is of an incorrect quantity; you must notify us within 48 hours of receiving it.
We will then, at our option:
make good any shortage or non-delivery; or
replace any products that following our inspection are damaged or defective; or
refund the amount paid by you for the goods in question.
b. Limitations on our liability to you
You are responsible for observing and complying with all applicable regulations and legislation, which affect your purchase and subsequent use of our goods. This includes obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you.
We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Please ensure you read our nutrition disclaimer as it forms part of our Terms & Conditions.
To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the goods you buy from us, other than the remedies listed in paragraph c above.
If a court does decide we are liable to pay you compensation, that compensation will be limited to the amount paid by you for the goods in question.
Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence of for fraudulent misrepresentation.
7. Things you should know
a. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, act of god, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
d. Third party rights
A person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
e. Governing law
The contract between us shall be governed by and interpreted in accordance with the law in Northern Ireland and the courts in Northern Ireland shall have jurisdiction to resolve any disputes between us.
f. Entire agreement