Terms Of Use

 

Welcome to Fresh.com (the “Website”), the public, e-commerce website for Fresh Cosmetics Limited, a Limited liability company registered in United Kingdom under the number 04647334, with registered office located at 6th Floor, UK House, 180 Oxford Street, London W1D 1AB, (“Fresh,” “we,” or “us”).

 

The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms of Use”). We may change these Terms of Use at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. It is your responsibility to check these terms and conditions from time to time to verify such variations.

 

By accessing and/or using this Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purposes. By accessing and/or using this Website, you accept without restriction these Terms of Use as well as our Privacy Notice. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. If you refuse to accept these Terms of Use, you will not be able to order any products from the Website.

 

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE CLAUSES CONCERNING YOUR RIGHT TO END THE CONTRACT (CLAUSE 1.9) AND OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (CLAUSE 3.1).

 

Capitalised words used in these Terms of Use, other than those capitalised only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalised words appear inside quotation marks.

If you have any questions about Fresh, please see our FAQ.

If you think that there is a mistake in these terms, please contact us to discuss.

To contact us, please see the Customer Service section in the Website for our contact details.

 

Definitions: The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form:

- Customer/you/You/your/Your means any person who accesses or is a visitor in the Website Fresh.com, or is purchasing one or more Products in the On-Line Shop.

- General Conditions mean these general conditions or Terms of Use.

- Order Confirmation means the e-mail message by means of the Customers are informed of the acceptance of the Orders.

- Sale and Purchase Agreements mean the sale and purchase agreements of the Products.

- Price means the sale price of the Products as specified in the On-Line Shop with reference to each Product.

 

 

 

1. ORDERS FOR PRODUCTS AND SERVICES

 

1.1 Personal Use

 

The products we make available on this Website, including samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. By placing an order with thus, you declare and warrant that the purchase of products on the Website is not carried out in the course of your professional activity and is intended for strictly personal use.

Fresh reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by Fresh in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are domiciled in the United Kingdom and you are 18 years old or older and legal capacity to contract.

 

1.2 Price

 

We only accept payment for orders in UK pounds Sterling.

The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorized access to this data by a third party.

Prices for our Products may change from time to time, but changes will not affect any Order which we have confirmed with an Order Confirmation.

Prices are inclusive of VAT at the applicable current rate chargeable in the UK for the time being.  However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

The Price does not include delivery charges. Delivery charges will also be payable on your Order and these will be added to the price of your Order prior to you submitting payment to us. For details of our delivery charges please see

 

1.3 Payment Methods

 

Fresh accepts payment from the following: Visa, American Express, Mastercard and Maestro.

Fresh has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated in the On-Line Shop at the time the Orders are placed by the Customers.

For security reasons your billing name must match that of the credit card used for payment. Fresh cannot process any credit card with a billing address outside of the United Kingdom.  If you choose to pay using a payment card with a foreign currency-denominated account for a UK delivery, the payment will be taken in UK Pounds Sterling. Your payment card issuer will then convert the UK Pounds Sterling value, using their foreign exchange rates.

All purchases require bank authorisation prior to processing. Only authorised orders will be processed and shipped.

 

1.4 Quantity Limitation

 

It is specified that the Products are intended only for the personal use of the Customer, without any direct relation to the professional activity. As such, the Customer's attention is particularly drawn to the fact that he/she cannot order more than three (3) products of the same reference per transaction.

 

1.5 Product images, Pricing and Availability

 

The images of the Products in the On-Line Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.

The range and availability of the Products published in the On-Line Shop may vary from time to time. The packaging of the Products may vary from that shown on images on this Website.

All Products shown on this Website are subject to availability. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, the Customer will be informed by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication (notwithstanding the provision governing the right to cancel).

 

1.6 Samples

 

Every Fresh.com/UK order will be shipped with a maximum of 3 free samples of featured products within the limit of available sample stock. Unfortunately, due to the large number of requests we receive we can only send samples with orders.

 

1.7 Placement of Orders

 

Please take the time to read and check your Order at each page of the order process. The information you provided must be true, accurate and complete in all respects.

Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your Order. It is your responsibility to ensure that your Order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information by submitting your Order By clicking the “Order Confirmation” button, you confirm that the payment details provided on your Order are valid and correct, and that when your Order is accepted and processed by us, payment will be made in full.  By placing an Order, you confirm that you are the person referred to in the billing details.

When you submit an Order, you are offering to purchase Products from us at the prices indicated on the Website. All orders for Products from the Website must be placed using the shopping cart facility provided on the Website.

 

The process is as follows:

 

 - Select the products you wish to purchase and add them to “bag”. If you wish to purchase more than one Product, the above procedure shall be repeated, by clicking on "add to bag" button.

 

- Once you have selected all your products, proceed to “View Shopping Bag” to check your order. You can also select 3 complementary samples by clicking the ‘Choose Samples’ button.

 

- You can then proceed to "Checkout”. If you already have an account with us, authentication will be possible by typing login and password in the relevant fields and clicking. If you do not have an account, you can either create an account on the Website, or place your order directly, without creating a previous account. You must fill out certain fields that are mandatory for taking your order into account.

 

- Once the Contact Information and Delivery Address details are filled out you can “Continue to Billing”.

 

- After the Billing Address details are filled and verified, you must choose among the available methods of payment. Once a method of payment is selected, you may proceed to place the Orders by clicking "Order Confirmation".

 

- You can then Review and Place Order by verifying the Delivery Address, Billing Address, Delivery Method and Payment Method. You can also opt-in to receive Fresh’s email updates at this stage, simply check the box next to message “Yes, I would like to receive Fresh's email updates with exclusive offers.”

 

- Once you have reviewed your order, you can then “Submit Order”. From that moment you will no longer be able to cancel or modify your order.

 

- You will be able to see your Order Number and an Order Confirmation Email will be sent to you within 1 working day from receipt of the Order by us.

 

- Once your order is placed it will be reviewed. Acceptance of the Order and the completion of the Sale and Purchase Agreement will take place when you receive the Order Confirmation.

 

ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING SALE AND PURCHASE AGREEMENT IS NOT FORMED UNTIL YOU RECEIVE THE SHIPPING CONFIRMATION AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.

 

If we are unable to supply you with a Product, for example, because that Product is no longer available, or because of an error in the price on our On-Line Shop, or we are unable to obtain authorization for your payment, or where you do not accept the Terms of Use, we will inform you of this via e-mail, and we will not process your order.  If you have already paid for the Products, we will refund you the full amount as soon as possible, and in any event within 14 days.

 

Fresh reserves the right to cancel any orders that:

 

- Exceed the control limits outlined (3 articles of the same reference per order)

- Existing dispute with the client

- Total or partial non-payment of a previous order by the client

- Refusal to authorise payment by credit card payment organisations

 

Fresh may have to suspend the supply of products to you to:

 

- Deal with technical problems

- Update the product to reflect changes in relevant laws and regulatory requirement

 

In such a case, Fresh will contact you to inform you about the suspending supply of the product, unless the problem is urgent. You may decide the end the contract and we will proceed to a reimbursement.

 

1.8 Shipping

 

- International Shipping:

 

We apologise, but currently we are unable to process and ship orders to destinations outside of the UK on Fresh.com/UK.

To place an international order please call 0207 486 4100 and we will we will see if we can proceed.

 

- Shipping & Handling:

 

All orders are processed on business Days: Monday - Friday, excluding Bank Holidays within England. if your order was placed over the weekend, it will be processed the following week. After processing, orders may take up to 5 working days to be delivered.

 

Your order will be fulfilled within the estimated delivery period which will be no more than 30 days after the date on which we send you the Order Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control (as defined in clause” Events Outside Our Control” below), we will contact you with a revised estimated delivery date.

 

Please ensure that you enter a complete and accurate delivery address when placing your Order.  We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information that you provided to us when placing your Order.

 

Risks relating to the Products (including loss, theft or damage) are assumed by you from the date of delivery of the product to the delivery address you have provided to us when placing your Order.

 

- Shipping Costs:

 

Standard (2-5 business days): £4.95

Shipping charges are based on order totals and will be added to the price of your order prior to you submitting payment to us.

Please note Fresh offers free shipping on all orders over £50 (standard shipping).

 

1.9 Right of Cancellation (Consumer Contracts Regulations 2013)

 

You have the right to cancel a Sale and Purchase Agreement within 14 days after the day on which you receive your order confirmation (this right does not apply to In-Store Purchases), without giving any reason.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail) that you wish to cancel together with your order number, your contact details and details of the products you wish to cancel. To process your cancellation request as quickly as possible, you are advised to exercise your right to cancel by contacting us at the address or e-mail address set out in the Contact page.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Prior to returning your products to us, you are obliged to keep and take reasonable care of them.

 

1.10 Returns Process

 

Fresh would like you to be satisfied with your purchase. If you would like to return a Fresh product, please see our return policy below:

For purchases made through a UK Fresh Boutique, you may return any unopened or gently used items within 14 days of purchase by bringing the product back into store with your original receipt.

For purchases in the UK, this return policy does not affect your statutory rights.

All purchases made through www.fresh.com/uk must be returned through www.fresh.com/uk. We are unable to accept online orders through a Fresh boutique or through any of our retail partners.

All returns must be requested within 14 days of delivery after the day on which you receive your order confirmation. Products must be returned to us within 14 days of the request and in a saleable condition so that we can process the return. All returned products must be unused and in their original packaging. Refunds will be processed within 14 days of receiving the goods back. We will process a refund after our warehouse has received the stock back. It will usually take 3-5 days from refund for your account to be credited however some payment providers and payment types can take up to 14 days to credit your account. Refunds will only be made to the original purchaser’s method of payment.

 

To request a return, please follow the below instructions:

 

- Fill our Free Returns label included in your order marking what items you want to refund and select the applicable reason. 

- Pack your returns in the original packaging and attach the pre-paid Returns label to the outside of your parcel. We advise you obtain proof of postage when you post your return as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned. 

 

If you choose to send your return through a courier not included in our Free Returns, then the cost of the return is the customers responsibility and Fresh will not reimburse for this cost.

If you have any refund and return queries please contact our friendly customer service team on ukcustomerservices@fresh.com.

If you exercise your right of cancellation, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products you have received.

 

 We will make the reimbursement without undue delay, and not later than:

- 14 days after the day we receive back from you any Products supplied; or

- (if earlier) 14 days after the day you provide evidence that you have returned the Products, or

- If there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the Sale and Purchase Agreement.

 

We will make the reimbursement using the same means of payment as you used for the initial transaction and in any event, you will not incur any fees as a result of the reimbursement.

You will have to bear the direct cost of returning the Products to us, except where the Products are returned because they are faulty or mis-described (see below).

 

AS A CONSUMER, YOU WILL ALWAYS HAVE LEGAL RIGHTS IN RELATION TO PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED. THESE LEGAL RIGHTS ARE NOT AFFECTED BY THE RETURNS POLICY IN THIS CLAUSE OR THESE TERMS.

 

1.11 Damaged or Defective Products

 

When your Fresh.com/UK order arrives, please inspect the package for any damage or defects. It is normal for the shipping package to show some wear, however, if you think a product in your shipment is damaged or defective, please contact us at ukcustomerservices@fresh.com. To return a damaged or defective product, please follow the instructions on the Returns process above. Your original shipping and handling charges will not be refunded, but any replacement for a damaged or defective product will be shipped to you free of charge.

 

 

 

2. WEBSITE CONTENT

 

The Content (as defined below) presented on this Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice. Fresh does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 999 OR YOUR DOCTOR IMMEDIATELY.

 

2.1 Colours on the Internet

 

The images of the Products in the On-Line Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

Fresh wants you to enjoy the products you buy from us. Please keep in mind that colour monitors display colours differently, so if you have concerns about specific colours of makeup, please email our customer service ukcustomerservices@fresh.com. We'll get back to you right away with information to help you select the colours that are right for you.

 

2.2 Website Content; License

 

Fresh and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Site(s). Your use of the Website does not grant you ownership of any Content on the Website. Subject to these Terms of Use, Fresh grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained therein only for your personal, non-commercial use.

 

2.3 Trademarks

 

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Fresh and others and may not be used unless authorised by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

 

2.4 Your Use of The Website

 

Unless expressly permitted in these Terms of Use or with Fresh’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. Fresh will aggressively enforce its intellectual property rights to the fullest extent of the law.

You must not misuse our Website or its contents for any purpose which is unlawful (such as, for examples, introducing viruses or attempting to gain unauthorized access to our Website).

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 

The website is for your personal and non-commercial use only. You agree that you are solely responsible for:

- all costs and expenses you may incur in relation to your use of the website; and

- keeping your password and other account details confidential.

 

We may prevent or suspend your access to the website if you do not comply with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

 

2.6 User Information

 

If you register with this Website, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or enter a competition or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website's Privacy Policy which is incorporated herein by reference for all purposes. You are responsible for keeping your User Information up to date and accurate.

 

2.7 User Comments, Feedback, And Other Submissions

 

We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to Fresh, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Fresh has no obligation of confidentiality, express or implied, with respect thereto; (b) Fresh may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Fresh or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by Fresh in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

 

2.8 Links To and From The Website

 

The On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from Fresh.

2.9 Public and Interactive Areas of Our Website; Ratings & Reviews; Guidelines

You represent and warrant that: (a) you have the legal capacity to contract (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any Fresh employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

 

When writing a review for the Ratings & Review, please consider the following guidelines:

- Focus on the product and your individual experience using it;

- Provide details about why you like or dislike a product; and

- All submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.

 

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

 

2.11 Disclaimer of Warranties

 

The website, including, without limitation, all services, content, functions and materials, is provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for uptime or uninterrupted access.

 

2.12 Termination

 

We may change, suspend or discontinue this Website at any time.

 

 

 

3. GENERAL TERMS

                      

3.1 Liability

 

If we fail to comply with our commitments, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the sale.

We only supply the products for domestic and private use.  You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We do not in any way exclude or limit our liability to a customer for:

- Death or personal injury caused by our negligence;

- Fraud or fraudulent misrepresentation;

- Any breach of the terms implied by section 12 of the sale of goods act 1979 (title and quiet possession);

- Any breach of the terms implied by section 13 to 15 of the sale of goods act 1979 (description, satisfactory quality, fitness for purpose and samples); arising under section 2(3) consumer protection act 1987; or

 

For any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

 

3.2 Applicable Laws, Jurisdictions and Alternative Dispute Resolution

 

These sales are governed and construed in accordance with English law. This means each sale and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland or Wales, you may also bring proceedings in Scotland or Wales.

Notwithstanding the above, you have the possibility to resolve your contractual disputes with us out-of-court at a low cost in a simple and fast way.

To do so, pursuant to Art. 14 Para. 1 of EU Regulation 524/2013 ("ODR Regulation"), the European Commission provides a platform for online dispute resolution (“Online Dispute Resolution”) at: http://ec.europa.eu/consumers/odr/. You can easily use this platform by submitting your disputes online.

We do not participate in dispute resolution procedures before a consumer tribunal board. We have no obligation to do so and neither are we prepared to do so.

You and Us agree to resolve any claims relating to these Terms of Use through Online Dispute Resolution, except that, to the extent you have in any manner violated or threatened to violate Fresh’s intellectual property rights. Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement without first engaging in the Online Dispute Resolution process.

 

3.3 Complaints

 

In the event that you have any questions or complaints regarding a product or service purchased from Fresh, please email our customer service ukcustomerservices@fresh.com

 

3.4 Miscellaneous; Severability

 

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

3.5 Events Outside Our Control

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Sale and Purchase Agreement that is caused by an Event Outside Our Control.

 

 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

If an Event Outside Our Control takes place that affects the performance of our obligations under a Sale and Purchase Agreement:

- We will contact you as soon as reasonably possible to notify you; and

- Our obligations under a Sale and Purchase Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

3.6 Other Important Terms

 

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

We may transfer our rights and obligations under a Sale and Purchase Agreement to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.

The Sale and Purchase Agreement is between you and us.  No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act, 1999) or otherwise.

Each of the paragraphs of these Terms of Use operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

 

 

4. STATEMENT ON CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010 AND U.K. MODERN SLAVERY ACT

 

Fresh, Inc., is opposed to slavery, human trafficking, and forced labor at any level, and we are committed to ensuring that the manufacturers and suppliers we work with meet our ethical standards and commitments in this regard.

 

  1. Fresh engages in verification of its product supply chains to evaluate and address risks of human trafficking and slavery. This verification is conducted through internal risk assessments and audits by third parties.

 

  1. Fresh conducts independent announced audits of its suppliers to evaluate their compliance with our standards for human trafficking and slavery. This audit is conducted on all new vendors that manufacture product or manufacture any type of packing or collateral component for Fresh. All new vendors must pass the audit before business is awarded. Fresh also selects certain existing vendors to be subject to continued audits on a periodic basis. Fresh uses a social accountability checklist that audits the supplier’s practices relating to child labor, forced labor, discrimination, wage, and working conditions.

 

  1. Fresh requires all finished goods and key materials suppliers to certify compliance with its Supplier’s Code of Conduct, including that materials incorporated into Fresh products comply with the laws regarding human trafficking and slavery of the country or countries in which the suppliers are doing business.

 

  1. Fresh maintains internal accountability standards and procedures for contractors and suppliers failing to meet company standards regarding human trafficking and slavery. Specifically, Fresh’s audit procedures require each finished goods and key materials suppliers to pass the social accountability audit in order to continue doing business with Fresh.

 

  1. Fresh does not at this time provide company employees and management with specific training on human trafficking and slavery.