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.


1. Everdine’s Service and Service Availability

1.1 Everdine offers an online subscription service for frozen meals which are healthy and suitable for a well-balanced diet. By default, meals will be shipped on a fortnightly basis (unless the delivery schedule has been edited by Customer to more or less frequently).
1.2 CUSTOMERS MUST ENSURE TO STORE FROZEN MEALS APPROPRIATELY. DELIVERED MEALS MUST BE IMMEDIATELY STORED IN A FREEZER AT -18 DEGREES CELCIUS!
1.3 Everdine’s Website and service is only intended for use by persons residing in England, Scotland and Wales. Orders from individuals outside England, Scotland and Wales will not be accepted.

2. Meals

2.1 Variety of Meals. Meals can be chosen from the range of meals offered on the Website. Any pictures used on the Website are indicative only, the actual appearance of meals may differ.
2.2 Information about Allergens. Meals may contain allergens. For information about specific allergens, please see the product detail pages, which can be viewed by clicking on the respective meals on the website.

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 subscription meal plans. Once a contract for a subscription meal plan is concluded it will renew according to a pre-determined term as displayed on the Website and the order confirmation. Customer can cancel subscriptions according to the termination and cancellation sections below.
4.2 Order Process. First, Customer chooses a subscription plan from the plans available on the Website. Subsequently, Customer enters a postal address and creates a profile by entering Customer’s e-mail address and choosing a password; alternatively, Customers can also place orders if logged in with an already established account. During the order process, Customers can choose from the available payment options and enter their respective data. 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 subscription plan meals are sent out.
4.3 Modifications or Cancellation of a Subscription Plan. Customers can modify their subscription, pause it for one or more weeks, or cancel ordered subscriptions weekly via Customer’s account. 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, Modifying or Pausing a Subscription by Customer

5.1 Customer can modify their subscriptions, pause it for one or more weeks, or cancel subscriptions weekly until the week’s deadline (“Deadline”) via Customer’s account. The Deadline will be announced each week via email and will be no earlier than Thursday 1pm and no later than Saturday 12pm.
5.2 Cancelling a Subscription. Cancelling a subscription is easy and can be done via Customer’s account before the Deadline. If Customer cancels a subscription, Everdine will reimburse to Customer all payments received from Customer for meals Customer has not yet received. Everdine will make the reimbursement without undue delay. Everdine will make the reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of the reimbursement. Cancelling does not affect Customers legal right to cancel as a consumer.
5.3 Modifying/Upgrading/Downgrading a Subscription. In order to modify a subscription by switching to a plan with more or fewer meals per week or change the meals from existing subscriptions, in each case Customer has to cancel the current subscription plan and order a new subscription plan before the Deadline. For cancellation please follow the steps above under 5.2. Everdine’s customer support is ready to assist. Any payments received by Customer for previous subscriptions will be deducted from payments for new subscriptions.
5.4 Pausing a Subscription. A subscription plan can be paused each week via Customer’s account before the Deadline.
5.5 Information in Case of Upgrading/Downgrading a Subscription. If Customer upgrades or downgrades a subscription, Everdine will process this modified subscription as a new order and will send a respective “Order Confirmation” e-mail with the new subscription plan.

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 meals and fluctuations in availability of said ingredients, Everdine might not be able to deliver each meal of a subscription. In any case of non-performance of a subscription, Everdine will contact Customer by phone or e-mail and propose to a refund 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 and during at the end of the order process. All prices are displayed in pound 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 initially charged following Everdine's acceptance of Customer’s order.
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 meals can be dispatched. During a subscription plan, Customer will be charged weekly via the designated payment method.
7.5 Electronic Invoices. Customers agree to receive electronic invoicing by e-mail for orders by Everdine. During a subscription plan, invoices will be sent to Customer in time with every delivery.

8. Shipping Costs and Term

Shipping is free of charge. By default, ordered meals will be sent out to Customer every other week, Customers are able to skip shipments or book additional shipments in their my account section of the website. 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 free 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. To use a voucher Customers will be required to enter the vouchers unique code at the online order process. Full terms and conditions for the use of each voucher will be printed on the voucher itself.

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.

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 meals 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 this contract, Everdine will reimburse to Customer all payments received from Customer for meals Customer has not yet received. Everdine will make the reimbursement without undue delay, and not later than fourteen (14) days after the day on which Everdine is informed about Customer’s decision to cancel the contract. Everdine will make the reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of the reimbursement.

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 meal delivery subscription plan.
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 meals provided for a legitimate reason – such as: orders or parts thereof not delivered, meals missing ingredients, meals package damaged – Everdine will offer an appropriate refund as long as it can be shown that the meals were 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

13.1 Customers using Everdine’s service must
  • be at least 18 years old;
  • 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.
13.2 CUSTOMERS MUST ENSURE TO STORE FROZEN MEALS APPROPRIATELY. DELIVERED MEALS MUST BE IMMEDIATELY STORED IN A FREEZER CHILLED AT OR BELOW -18 DEGREES!

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:
  • 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. Each time Customer orders or changes a subscription plan, the terms and conditions in force at that time will apply (as set out on this Website). 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: 28 June 2017 -