Flava Supermarket ltd Terms & Conditions

1. SUMMARY OF KEY TERMS AND CONDITIONS

• These Terms are legally binding so please consider them carefully before placing Your Order. The Agreement will become binding on the first payment date you select when placing your order with us.
• Basket Credit to purchase goods from our online store is provided via an unregulated credit agreement within the meaning of Article 60F(2) and 60L(A) of the Financial Services and Markets Act, the credit agreement is therefore not regulated by the Financial Conduct Authority.
• Basket Credit is offered over a maximum term of 4 instalments (usually 4 weeks) and is provided at Zero (0%) APR without any additional fees.

If You breach the Agreement:

• We may suspend your account; and
• You may be required to pay Us the full amount We would have received had the Agreement continued for the full term, along with other certain costs and expenses.
• You can terminate the Agreement with Us during a 14 day cooling off period. Please refer to clause 8.1 to see how this works.
• You have various obligations under these Terms. Please refer to the full obligations set out in this agreement below.

2. DEFINED TERMS

2.1 What these terms cover. These are the terms and conditions on which we supply goods on credit to you.

2.2 Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss the same.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are Flava Supermarket Limited, a company registered at Jordan House Second Floor, Jordan House, Hall Court, Hall Park Way, Telford, Shropshire, United Kingdom, TF3 4NF. Our company registration number is 11850196.

3.2 How to contact us. You can contact us by:

3.2.1 in writing via post to Flava Supermarket Ltd - Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP, United Kingdom; or 

3.2.2 in writing via email to customerservices@flava.co.uk

3.2.3 by telephone on 0370 7779957;

3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

4. OUR CONTRACT WITH YOU

4.1 How we will accept your order. Our acceptance of your order for goods will take place when we email you to accept it (via Order Confirmation e-mail), at which point a contract will come into existence between you and us.

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.4 We only sell to the UK. Our website is solely for the promotion of goods in the UK. Unfortunately, we do not accept orders from outside the UK. 

5. OUR GOODS

5.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images. 

5.2 Packaging may vary. The packaging of the goods may vary from that shown in images on our website.

6. PRICE AND PAYMENT

6.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 6.2 for what happens if we discover an error in the price of the goods you order.

6.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and terminate the contract between us.

6.3 How you must pay. We only accept payment for goods by way of Debit or Credit Card and Direct Debit from the details that you provided when making your application with us.

6.4 When you must pay. You must pay for the goods in 4 equal amounts over 4 weeks. The initial first payment will be selectable by you at the time you place your order. The remaining 3 amounts will be taken on a weekly basis from the Debit or Credit Card or Direct Debit details that you provided when making your application with us. 

7. PROVIDING THE GOODS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website during the checkout process.

7.2 When we will provide the goods. Your goods will be dispatched 2-3 business days after we have received your initial first payment as chosen by you during the ordering process. 

7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

7.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you.

7.6 When you become responsible for the goods. The goods will be your responsibility from the time the goods are delivered to the address you gave us.

7.7 When you own goods. The ownership of the goods will transfer to you once we have received the initial payment for the goods.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, including, for example, your name, address and other contact details. This information will be requested at the time you place your order. If you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late if this is caused by you not giving us complete and correct information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to you:

7.9.1 to deal with technical problems or make minor technical changes; or

7.9.2 as a result of any changes in relevant laws and regulatory requirements.

7.10 You are required to inform us of any issues regarding your delivery within 14 days of the delivery date.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You are entitled to cancel the contract pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within the first 14 days of the contract start date (contract start date being the date on which your 1st payment is made to us). Should you wish to terminate the contract in accordance with this clause, you can do so by contacting our customer services team in any of the ways set out in clause 3. 

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any goods which have not been supplied. The reasons are:

8.2.1 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

8.2.2 there is a risk that supply of the goods may be significantly delayed because of events outside our control; or

8.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed, but you may have to pay us compensation. The contract will be completed when the final of your 4 payments is made. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and:

8.3.1 if the goods have already been delivered to you, you will be required to pay the full balance outstanding for the goods under your contract; or 

8.4 If what you have bought is damaged or misdescribed you may have a legal right to end the contract or to get the goods replaced or to get some or all of your money back as set out in this clause 9.2.1: 

8.4.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team using the contact details set out in clause 3. 

8.4.2 Information about your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms and conditions will affect your legal rights. However, please note that these rights are subject to certain exceptions. For detailed information as to your rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

9. ENDING THE CONTRACT WITH US

9.1 Tell us you want to end the contract. If you wish to exercise your right to end the contract in accordance with clause 8.1, please let us know by doing one of the following:

9.1.1 Email. Email us at customerservices@flava.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2 Online. Complete the cancellation form on our website via: https://flava.co.uk/contact.php

9.2 When we will pay the costs of return. We will pay the costs of return:

9.2.1 if the goods are damaged or misdescribed.

9.2.2 an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.

9.4 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment.

9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.5.1 if we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us; or

9.5.2 in all other cases, your refund will be made within 7 days of your telling us you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for the supply of goods at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the goods, for example, delivery details; or

10.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods we have not supplied but you may be responsible to pay us a reasonable and proportionate amount for the costs we incur as a result of your breaking the contract.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised for defective goods under the Consumer Protection Act 1987. 

11.3 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only collect, use and store your personal information in accordance with our privacy notice, which can be found here: https://flava.co.uk/privacy.php

13. OTHER IMPORTANT TERMS

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know in writing if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms and conditions.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.

13.7 We may propose significant changes to the Agreement at any time and will notify You in advance of the same in writing. You will have 30 days to decide whether or not to continue with the Agreement, with the proposed significant changes, from the date on which We notify You of the same. If You do not agree with the changes You must confirm the same to Us in writing and the Agreement will be terminated upon the substantial changes taking effect at the end of the 30 day period set out above. If You continue with the Agreement, and We do not hear otherwise from You, then the significant changes We have proposed shall be deemed to have been accepted and shall become binding on You at the end of the 30 day period set out above and the Agreement shall continue on that basis.

13.8 We reserve the right to perform a soft search for identity verification purposes and fraud prevention

13.9 It is at our discretion to enforce that if you should place any further orders and make payment whilst having a previous account which is in arrears, that any payments made on a new order will be allocated to that of the outstanding account, and no goods shall be dispatched on a new order as the previous account in arrears supersedes that of the new order.

14. ZERO TOLERANCE OF UNACCEPTABLE BEHAVIOUR

14.1 Violence, aggression, threatening behaviour or abuse whether written (including email and text or other message communication) verbal, physical, psychological, online on social media or in any other form and whether actual threatened or perceived towards Our employees, consultants, agents, representatives or property (Unacceptable Behaviour) will not be tolerated. To ensure that all employees, consultants, agents and representatives have the confidence that We will deal with all instances of violence, aggression, threatening behaviour and abuse in a robust manner, We have adopted a zero tolerance approach to protect them because their safety and security is of vital importance to Us.

14.2 Where We reasonably believe that Unacceptable Behaviour has been perpetrated, caused, allowed or enabled by You or by someone on Your behalf then We have the right at Our sole discretion and with immediate effect to:

14.2.1 issue a written warning after which if any other incident of Unacceptable Behaviour is perpetrated, caused, allowed or enabled by You or by someone on Your behalf then We may take any other action set out in this clause 17; or

14.2.2 suspend the supply of the goods to you; or

14.2.3 terminate the Agreement.

14.3 For the avoidance of doubt, if We reasonably believe the Unacceptable Behaviour is sufficiently serious We reserve the right at Our sole discretion to take either of the actions specified in clause 14.2.2 or clause 14.2.3 without having issued You with a written warning.

14.4 Regardless of any other action taken by Us under this clause 14, We reserve the right to refer any incident of Unacceptable Behaviour to the Police or any other appropriate law enforcement agency. 

15. COMPLAINTS

15.1 We aim to provide You with an unrivalled customer experience around the clock. We hope that You will never have a reason to be unhappy about any aspect of Our supply of the goods to you. However, Our customer services team is dedicated to helping You reach a resolution of any issue and so if You are not satisfied You should contact them straight away using one of the methods of communication set out in clause 3. 

15.2 We will always work hard to resolve any complaint within one Business Day although there may be times where a more detailed investigation is required in which case We aim to resolve Your complaint within five Business Days. In any situation where You feel Your complaint has not been resolved in full You can ask for it to be escalated to a supervisor or manager above the customer services team. If there is nobody available at the time Our customer services team will arrange a call back for You. 

15.3 If You are still not happy, You should send Your complaint in writing directly to Our Head of Operations at the following address: Flava Supermarket Ltd - Misson Mill, Bawtry Road, Misson, South Yorkshire DN10 6DP. Please ensure that You include any reference numbers that You have been provided with, the full details of Your complaint and Your resolution requirements. We aim to resolve all written complaints within 10 Business Days and will contact You directly with the results of any internal investigations and conclusions. 

15.4 You will also be able to get independent advice at any time by visiting Your local Citizens Advice Bureau or by calling them on 08454 040506. 

15.5 Whilst We are more than happy to work with independent parties to help resolve any grievance that You may have, We would always request that You follow the process above and contact Us first so that We can resolve Your issue efficiently, with minimal disruption and inconvenience to Yourself. 

16. FLAVA BENEFITS SUBSCRIPTION

16.1 Your Flava Benefits membership subscription shall be billed at £14.99 once your 14 day free trial period has expired, then £4.99 on the anniversary of each month thereafter.

16.2 Your Flava Benefits membership subscription shall be billed via your payment method which was provided when creating your account with us and choosing to receive the optional Flava Benefits membership subscription.

16.3 You can cancel your Flava Benefits membership subscription at any time within your 14 day trial period at no cost.

16.4 Should you cancel your Flava Benefits membership subscription after your 14 day trial period has expired, then you will be required to pay any outstanding membership payments that may be owed.

16.5 Should you be entitled to any refund then this will be refunded to you back to the payment method used within 5 working days.

16.6 The Flava Benefits membership subscription incentives may vary month by month, and these can be found at https://flava.co.uk/flava-benefits.php

These Terms were last updated on 25th June 2020 and are the copyright of Flava Supermarket Limited.