Terms & Conditions
JOYFUEL TERMS & CONDITIONS Latest update: 06 June 2018
1. ACCEPTANCE OF TERMS & CONDITIONS
1.1 The website www.joyfuel.co.uk (“the website”) is owned and operated by Joyful Foods Ltd, trading as Joyfuel. References to “we”, “us”, or “our” are references to Joyful Foods Ltd. Our company is registered in England & Wales, company number 10820526. Our VAT number is 282303325 and our registered office and address for correspondence is 5 Church Rd, Worthing, West Sussex BN13 1ET.
1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to the Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
2. Registration and Purchase
2.1 To register or purchase from Joyfuel, you must be over 16 years of age. In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company, you must have the authority to bind that company.
2.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
2.3 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
2.4 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever. We retain the right to refuse to sell to someone if we believe them to be a fraud risk, or they have been offensive to our staff. We will never use reasons such as racism, sexism, religious grounds or any other discrimination as a reason for not selling.
2.5 Accounts are not transferable and therefore cannot be sold or traded.
3. Ordering your Joyfuel boxes
3.1 To ensure you get our products as fresh as possible, our main production runs are currently scheduled for Tuesdays & Wednesdays each week.
3.2 Provided we have received your order at the latest by 5pm Tuesday, we will endeavour to process, make and ship your order by the following Thursday, so you receive it in good time for the weekend.
3.3 If any item you have chosen is unavailable, we will do our best to contact you immediately via email or phone, and offer you an alternative or cancel your order.
3.4 You can submit orders online at any time after you have created an account. Our website lets you review and correct your order before submitting it to us. By submitting the order, you confirm that you have made any corrections necessary.
3.5 Your submission of any order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions. (See below)
3.6 Your order is not ‘accepted’ until our website displays an order confirmation message.
3.7 Our website shop is set to default to an even mix of flavours for any box. For example, if you choose a ‘16 box’, the selection will default to 2 each of our 8 flavours.
If you wish to customize your box, you can easily do so by changing the numbers in the number totals for each flavour. If you select too many bars or too few for the size box you have selected, you will not be able to proceed until your totals tally correctly.
3.8 Prices quoted within Joyfuel Webshop include 20% VAT.
4. Ingredients & Macros
4.1 We list each bar’s ingredients on each product page under ‘ingredients’. Common allergens are highlighted in bold, including peanuts, nuts including almond, hazelnut, walnut, cashew, pecan, brazil, pistachio, macadamia and sesame seeds. We do not use soy, gluten containing ingredients or any non-vegan ingredients.
4.2 All our products may contain traces of nuts, peanuts and sesame seeds. Though we take great care sourcing and preparing our ingredients and making our bars, they may occasionally contain fruit pits or shell fragments
4.3 We include nutritional information (‘macros’) relating to each product on our website on each product page. In addition, each bar is individually labelled with ingredients and ‘macros’ (nutritional information) displayed in grams per 25g square.
5. Shipping & Delivery
5.1 Our products are currently supplied free of delivery, post and packaging charges.
5.2 Our bespoke boxes of 8, 16 or 24 squares are specifically designed for Royal Mail Large Letter post, which means they should arrive the next working day after posting, and plop straight through your letter box (no need for signing!)
5.3 Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
5.4 Actual delivery times may vary for you depending onstock availability, your delivery address and circumstances impacting delivery by the postal service. We reserve the right to use alternative delivery methods without prior notification.
5.5 It is your responsibility to report all lost or undelivered boxes online within 5 days of the expected day of delivery. Please report the problem to us online firstname.lastname@example.org.Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this procedure has not been followed.
5.6 If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.
5.7 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
5.8 If you place an order for multiple boxes, please be aware that they will still be sent in the usual way and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
6. Changing or Cancelling Orders
6.1 If you wish to change or cancel any order, either for a one-time purchase or a subscription, you must contact us as soon as possible, in writing email@example.com.
6.2 Changes or cancellations may only be made for the coming week’s production, provided they are received before our Tuesday 5pm cut-off deadline. After that time, regrettably no changes or cancellations will be possible as production will have already commenced. We will always acknowledge any such requests by return of email.
6.3 You are responsible for ensuring that any changes or cancellation are not only transmitted by you, but received by us, by this deadline.
6.4 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
6.5 We may cancel a contract under these Terms and Conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event.
6.6 Due to the perishable nature of the goods we deliver, you do not have the right to cancel an order for the purchase of a box under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.1 Payment is via our Stripe payment gateway using major debit or credit cards. We are unable to accept cheques, cash, or postal orders via the website.
7.2 You must provide the cardholder’s name as shown on your card, your address exactly as it appears on the card statement, the security number (last 3 digits of the number in the signature strip on the reverse of the card) and the issue number if relevant (Switch/Maestro).
7.3 The price of products is as quoted on the website from time to time. Prices stated include VAT and delivery charges.
7.4 Subscription payment times may vary in the approach to a bank holiday, when we may take payment up to seven days earlier.
7.5 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future orders to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on firstname.lastname@example.org.
7.6 You agree not to hold us responsible for banking charges incurred due to payments on your account.
7.7 We reserve the right to change our prices from time to time where necessary. However we agree to notify you at least 30 days in advance of such changes.
8. Discounts and Offers
8.1 From time to time we make discounts and promotion codes available, which can be used on our website. Each discount code has its own terms and conditions.
8.2 Except where otherwise stated, discounts and credits are available only once to any one person and cannot be used in conjunction with any other offers.
8.3 You must have internet access and valid payment details to redeem a free or discounted offer.
9.1 This website takes precautions to protect users’ information. Joyful Foods Ltd uses secure server software (SSL) to ensure your credit card will be protected against fraudulent use while on our site. This service encrypts all personal information entered to prevent anyone but the intended recipient from viewing or manipulating your information.
10.1 We are committed to provide outstanding products and customer service. If for any reason you are unhappy with your purchase, simply return it to us in its original condition and wrapping within 7 days, giving us a brief outline of the problem. We’ll replace the item(s) or refund the purchase price to your account. We’ll also happily refund the delivery charge if the return is due to error on our part.
10.2 We aim to deal with any complaints as quickly and reasonably as possible. Our direct e-mail is email@example.com. We will aim to respond within 48 hours of receipt, and conclude our investigations as soon as reasonably possible. In the unlikely event that you have not heard from us in this time, please contact us again in case your email has gone astray.
10.3 We retain the right to request a return of any faulty goods by recorded delivery. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
11. Website Use
11.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
11.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
11.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
11.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
11.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
11.6 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
11.7 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
11.8 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org.
12. Availability of Website
12.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
12.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email email@example.com.
13.1 Content in Joyfuel website is intended to offer factual, up-to-date information on the subjects discussed, but in no way should it be regarded as a complete analysis of these subjects. Every effort is made to provide accurate information. However, protocols, policies, and other matters contained in this website are subject to change at any time, Joyful Foods Ltd cannot be held responsible for the validity of the information contained in any reference noted herein, nor for the misuse of information or any adverse effects from use of any stated materials presented herein.
13.2 Photographs and pictures on our website are shown merely as a guide to our products, and are not to be construed as fixed or binding. In particular, because of the changing nature of the natural ingredients we use and the evolving nature of our formulations, we expressly reserve the right to supply products which may vary in appearance from from our website depictions.
14. Intellectual Property Rights
14.1 Our website contains trademarks belonging to Joyful Foods Ltd. You may not use or reproduce any trade or service marks appearing on our site for any purpose without our prior consent.
14.2 Unless otherwise specified, the copyright in the contents of all the pages in this site are owned or licensed to Joyful Foods Ltd or are used with permission from the owner.
14.3 The contents of this site may not be copied, reproduced, modified, downloaded or used in any form without the prior written permission of Joyful Foods Ltd except when this occurs incidentally while using the site for private and non-commercial use.
14.4 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
14.5 “User Material” refers to all information and content that a user submits or enters to the website (including text, files, images, photos, video, sounds and musical or literary works). If you provide us with any feedback, reviews, suggestions, ideas or information (including in your User Material) regarding the website or our service (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
15.1 Unless otherwise stated next to the product, this web site is provided on an “as is,” “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of title, merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty, nor shall members or visitors to the site rely on any such information or advice.
16. DISCLAIMER OF LIABILITY
16.1 The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this web site be liable for any direct, indirect, incidental, special or consequential damages or lost profits that result from the use or inability to use the web site and/or any other web sites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the web site, or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. States or Countries, which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
17. THIRD PARTY CONENT
17.1 Content on this website may be supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, nor do we vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties.
18. DISCLAIMER OF ENDORSEMENT
18.1 Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is an endorsement of us implied by such links. They are for convenience only, as is an index in a public library.
19.1 We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by you on registration, or via a suitable announcement on Joyfuel website shop. The changes will apply to the use of the Joyfuel site after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not use the website. If you continue to use Joyfuel website after the date on which the change comes into effect, your continued use of the site indicates your agreement to be bound by the new Terms and Conditions.
20. LIMITATIONS ON LIABILITY
20.1 Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence;
- breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part I of the Consumer Protection Act 1987; or
- any other liability to the extent the same may not be excluded or limited as a matter of law.
20.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
20.3 Subject to the above, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
21. APPLICABLE LAW
21.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. ASSIGNMENT BY US
22.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
23. NO WAIVER
23.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
24. FORCE MAJEURE
24.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
25. THIRD PARTY RIGHTS
25.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
26.1 If you have any questions or concerns about our terms & conditions, or about any part of our service, please use the contact form on our website or email us via firstname.lastname@example.org.
26.2 If you have been in touch and are unhappy with our final resolution, you can refer your complaint to an Alternative Dispute Resolution (“ADR”) provider. Although we have no obligation to use an ADR provider, you can find a list of certified providers here: tradingstandards.uk/advice/ADRApprovedBodies.cfm.
Alternatively, you can refer the complaint to the EU Commission’s Online Dispute Resolution (ODR) Platform at www.odreurope.com.