TERMS AND CONDITIONS / CANCELLATION INFORMATION


This site is operated by and the goods Customers purchase will be supplied by:

Everdine UK Ltd.
address: 3a Lower James Street, London W1F 9EQ
managing director: Andreas Jaegle
registered at: Companies House, Cardiff
company registration no.: 9498046
vat id: 224 1464 38
phone: +44 114 303 1613
e-mail: hello@everdine.co.uk

(referred to as “Everdine”)

These terms and conditions apply to Customer’s use of the Everdine website and the services provided by Everdine. Please read these terms and conditions carefully. On https://www.everdine.co.uk/ (consisting of various sites, together referred to as “Website”), the latest version of these terms and conditions is available. Customers can print and/or save these terms and conditions via their browser. Everdine may revise these terms and conditions in its sole discretion at any time. When placing an order on the Website, Customer agrees to these terms and conditions. Once a contract for a subscription is concluded, Customer agrees to the terms and conditions live at each Deadline for which food will be shipped according to the Customer´s delivery schedule as displayed on the Website and the order confirmation.

1. Everdine’s Service and Service Availability

1.1 Everdine offers an online subscription service for frozen food which is suitable for a well-balanced diet. By default, food will be shipped on a fortnightly basis. Customer can choose a different delivery frequency.
1.2 CUSTOMERS MUST ENSURE TO STORE FROZEN FOOD APPROPRIATELY. DELIVERED FOOD MUST BE IMMEDIATELY STORED IN A FREEZER AT -18 DEGREES CELCIUS!
1.3 Everdine’s Website and service is intended for use by persons residing in England, Scotland and Wales only. Orders for deliveries to postcodes outside England, Scotland and Wales cannot be accepted. Deliveries can be made to up to ninety-three (93) percent of postcodes in mainland UK subject to the delivery areas serviced by Everdine’s third-party delivery courier services.

2. Food

2.1 Choice. Food can be chosen from the range of food offered on the Website. Any pictures used on the Website are indicative serving suggestions only; the actual appearance of the food may differ..
2.2 Information about Allergens. Food may contain allergens. For information about specific allergens, please see the product detail pages, which can be viewed by clicking on the respective food on the website or refer to the information provided on the packaging.

3. Registration

To place orders, Customers are required to register on the Website. Customers can register during the order process. Acceptance of any registration is subject to Everdine’s sole discretion. In case of an accepted registration, a Customer profile will be created. Everdine reserves the right to terminate Customer’s account in its sole discretion.

4. Contract Formation and Order Process

4.1 Subject of the Contract. Customers and Everdine enter into a contract for a subscription service for frozen food selected by Customer from the food selection offered on the Website. Once a contract for a subscription is concluded it will renew according to a pre-determined term as displayed on the Website and the order confirmation. By default the food and its respective quantities sent out to Customer will remain the same throughout the subscription, unless the subscription or the food selection has been modified by Customer. Customer can modify, skip or cancel the subscription according to the modification, termination and cancellation sections below.
4.2 Order Process. First, Customer selects the food and its respective quantities from the range of food offered on the Website. Customer can also edit the delivery schedule. Customer can choose to have the food delivered every one, two, three or four weeks. Next, Customer selects a first delivery date, choosing between an upcoming Thursday, Friday and Saturday, 9:00am – 12:00pm respectively. A minimum order amount of four meals per delivery applies. Subsequently, Customer enters a postal address and creates a profile by entering Customer’s e-mail address and account details. During the order process, Customers can choose from the available payment options and enter their preferred payment information accordingly. An order which constitutes an offer will be placed when Customers click on the button: “order and pay” at the end of the order process. After having placed an order (offer), Customers will receive an e-mail from Everdine accepting Customer’s offer which constitutes an acceptance (subject: “Order Confirmation”). The contract between Customer and Everdine is concluded at the point in time when Everdine’s confirmation e-mail has been sent. Customer will receive a dispatch confirmation via e-mail when food boxes are sent out.
4.3 Modifications or Cancellation of a Subscription food box. Customers can modify their subscription, skip it until their next scheduled delivery, or cancel ordered subscriptions. For details regarding termination and cancellation, please see the sections below. This does not affect the STATUTORY CANCELLATION RIGHT FOR CONSUMERS (see below).
4.4 Storage of Contract’s Content. Everdine stores data regarding subscriptions content. The details about each Customer’s order can be found via the Customer's account.
4.5 Contractual Language. The contractual language is English.

5. Cancelling or Modifying a Subscription or Skipping a Delivery by Customer

5.1 Customer can modify their subscription, skip any upcoming delivery (also see 5.4 Skipping a Delivery below), or cancel subscriptions until the week’s deadline (“Deadline”) via Customer’s account. The Deadline will be announced each week via email no earlier than Thursday 1pm and no later than Saturday 12pm for deliveries scheduled for the subsequent week.
5.2 Cancelling a Subscription. Cancelling a subscription can be done online via Customer’s account before the Deadline. For this Customer can click on “My Subscription” in the Customer´s account and then select “Cancel Subscription”. If Customer cancels a subscription contract online Everdine will send a confirmation email to Customer afterwards. Cancelling a subscription does not affect Customers legal right to cancel as a consumer.
5.3 Modifying a Subscription. In order to modify a subscription by switching to more or less food items, changing the food selection or altering the delivery frequency, in each case Customer has to make and save any changes via the Customer´s account. The costs that Customer will be charged will be re-calculated for every modified subscription. If Customer modifies a subscription, Everdine will send a confirmation e-mail.
5.4 Skipping a Delivery. A delivery can be skipped via e-mail, text message and/or Customer’s account before the Deadline. Everdine will send out a Deadline reminder each week via email and text message to Customer. Customer can click on the “skip” button in the email in order to skip. Customer can reply “skip” to the reminder text message in order to skip the next scheduled delivery. Additionally, Customer can skip a delivery via Customer´s account. If Customer skips a delivery via text message Everdine will send a confirmation text message to Customer. If Customer has skipped a delivery, but not modified a subscription, the subscription will resume with the previously chosen food items, their respective quantities and with the previously selected delivery frequency.

6. Right to Pause or Modify a Subscription by Everdine

Everdine reserves the right to pause subscriptions due to unavailability of ingredients, unavailability of suppliers or service providers Everdine’s service depends on, or other unforeseen circumstances outside of Everdine's control. Due to the use of fresh ingredients for Everdine’s food and fluctuations in availability of said ingredients, Everdine might not be able to deliver each selected food of a subscription. In any case of non-performance of a subscription, Everdine will contact Customer by phone or e-mail and propose a refund, replacement or alternative delivery, which will be executed subject to the Customer's agreement.

7. Prices, Payment and Invoicing

7.1 Displayed Prices, VAT. Prices will be displayed on the Website, during and at the end of the order process. All prices are displayed in pound sterling (GBP) and include any applicable taxes.
7.2 Payment Options. Everdine will process Customer’s payment on the Website. Customers can choose from the online payment options offered at the end of the order process. Customer’s credit card or in case of a offered payment via debit card, Customer’s bank account, will be charged following the expiration of the Deadline of each scheduled delivery date.
7.3 Authorization to Charge Customer’s bank account. For payments via credit card or debit card, Customer authorizes Everdine to charge Customer’s credit card or bank account for all initial fees and recurring fees payable after contract conclusion. Further, Everdine is authorized to use a third party for processing payments.
7.4 Recurring Charges. Everdine must receive payment in advance each time before Customer’s order can be processed and the selected food can be dispatched. During a subscription, Customer will be charged following the expiration of each Deadline for which food will be shipped according to the Customer´s delivery schedule as displayed on the Website and the order confirmation via the designated payment method.

8. Shipping Costs and Term

For all deliveries containing ten (10) or more food items selected from the Everdine Website shipping is free of charge. All deliveries of nine (9) or fewer food items selected from the Everdine Website are charged a shipping fee of 3.95 GBP. The shipping costs are re-evaluated for every modified subscription to determine if the subscription qualifies for free shipping. Customer’s order will be fulfilled by the delivery date set out in the dispatch confirmation.

9. Vouchers

A voucher code can only be used once per Customer and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without Everdine’s prior approval. Everdine reserves the right to withdraw or deactivate any voucher for any reason at any time. Vouchers may only be redeemed through the Website and not through any third party website or method of communication. Everdine may automatically apply any voucher to the session and/or user, after the Customers click on an offer from an advertisement or email. In case a voucher is not applied automatically, Customers may be required to enter the voucher code during the online order process.

10. STATUTORY RIGHT TO CANCEL FOR CONSUMERS

Right to Cancel
Customer has the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day on which Customer acquires, or a third party other than the carrier and indicated by Customer acquires, physical possession of the first good.
To exercise the right to cancel, Customer must inform Everdine (Everdine UK Ltd., 3a Lower James Street,
London W1F 9EQ, e-mail address: hello@everdine.co.uk) of Customer’s decision to cancel this contract by a clear statement (e. g. a letter sent by post or e-mail). Customer may use the model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for Customer to send a communication concerning Customer’s exercise of the right to cancel before the cancellation period has expired.
Alternatively, Customers can cancel their subscription contract online. For this Customer can click on “My Subscription” in Customer´s account and then select “Cancel Subscription”. If Customer cancels a subscription contract online Everdine will send a confirmation email to Customer.

Exemption Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013
Contracts for the supply of goods are exempt from the right to cancel if those goods are liable to deteriorate or expire rapidly. In case of a performed delivery the cancellation right does not relate to delivered food because food deteriorates or expires rapidly and cannot be taken back. Details of Customer’s statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation.

Effect of Cancellation in relation to non-performed deliveries
If Customer cancels a subscription before the Deadline for which food will be shipped according to the Customer´s delivery schedule, Everdine will not charge Customer’s credit card or bank account anymore. If Customer cancels a subscription after the Deadline for which food will be shipped according to the Customer´s delivery schedule, Everdine will charge Customer via the designated payment method for the relevant delivery. After the respective delivery, Everdine will not make any further charges.

Model Cancellation Form
Everdine UK Ltd.
3a Lower James Street
London W1F 9EQ
e-mail: hello@everdine.co.uk
I hereby give notice that I deactivate my subscription contract for the supply of a food delivery subscription.
Ordered on/received on:
_______________________________
Name of consumer:
_______________________________
Address of consumer:
_______________________________

_______________________________
Date:
_______________________________
Signature (only if this form
is notified on paper):
_______________________________

11. Refund

If Customers are not satisfied with the food provided for a legitimate reason – such as: orders or parts thereof not delivered, food missing, food package damaged – Everdine will offer an appropriate refund as long as it can be shown that the food was not provided as to be reasonably expected.

12. Website

The Website and its content, trademarks, artwork, images, video and audio data, text, logos and all its computer code is intellectual property of Everdine or one of Everdine’s service providers and may be protected by copyright, trademark, and patent law. Customers may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any non-authorized way.

13. Customer’s Obligations

Customers using Everdine’s service must:
• be legally capable of entering into binding contracts;
• be resident in and access the Website from England, Scotland and Wales;
• not impersonate any person or entity or misrepresent identities or misleadingly enter affiliations with any person or entity. This includes using another person’s username, password, or other account information;
• provide true, accurate, and current data in for Customer’s account and update respective data in case of changes;
• use all reasonable efforts to keep credentials confidential and inform Everdine if credentials might have become known to another person.

14. Customer’s Personal Information

Everdine will only use Customer’s personal information in accordance with Everdine’s Privacy Policy available on the Website.

15. Limitation of Liability

15.1 To the extent not prohibited by law, Everdine accepts no liability for any:
• loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of Everdine’s breach or if it was contemplated by Customer and Everdine at the time Customer and Everdine entered into this contract);
• loss which arises when Everdine is not at fault or in breach of these terms and conditions; and
• business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
15.2 Nothing in this agreement excludes or limits the liability for any:
• for fraudulent misrepresentation;
• for death or personal injury arising from our negligence;
• under Part I of the Consumer Protection Act 1987;
• for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

16. Miscellaneous

16.1 Governing Law and Jurisdiction. These terms are governed by the laws of England, Scotland and Wales. Any contract for a subscription from this Website and any dispute or claim arising out of or in connection with any such contract will be governed by laws of England, Scotland and Wales. Customer and Everdine both agree that the courts of England, Scotland and Wales will have non-exclusive jurisdiction.
16.2 EU Online Dispute Resolution Platform: The European Commission provides for an online dispute resolution platform, which Customers can access here: http://ec.europa.eu/consumers/odr/.
16.3 Electronic Communication. Customers acknowledge that the provided service and related communication will be mainly electronic. Customers agree to this electronic means of communication and acknowledge that all contracts, notices, information, invoicing and other communications that Everdine provides in the course of the service will be in the electronic form.
16.4 Severability. Each of the sections of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
16.5 Changes. Everdine may update, vary and amend these terms and conditions from time to time without prior notice. Customer agrees to the terms and conditions (as set out on this Website) live at each Deadline for which food will be shipped according to the Customer´s delivery schedule as displayed on the Website and the order confirmation. Please check the Website to understand which terms and conditions apply.
If you have any questions or comments, please contact Everdine’s customer support under hello@everdine.co.uk or phone +44 114 303 1613.


- last update: 7 November 2017 -