Terms of use of the website

TERMS AND CONDITIONS

These terms and conditions (hereinafter “Terms”) govern the use of the www.frutaetica.com website (hereinafter “Website”) by users (hereinafter “You” or “Your”).

1. Agreement

(Hereinafter “we”, “us”, “us” or “our”). Please read these Terms carefully, as they affect your rights and responsibilities under the law. If you do not agree to these Terms, please do not access or use the Web Site. If you have any questions about these Terms, please contact us.

2. Modifications

We reserve the right to:

• Update these Terms at any time and any modifications will be adequately notified by a notice on the Website. It is your responsibility to verify the existence of such modifications. The modifications will apply to the use of the Web Site once we have made such an announcement. If you do not agree to the new Terms you should not continue to use the Web Site. In the event that you continue to use the Web Site after the effective date of the modification, your use of the Web Site will indicate your agreement to be bound by the new Terms; and
• Modify or withdraw, temporarily or permanently, this Website and the material contained on it (or any part of it) without prior notice to you and you confirm that we shall not be liable to you for any modification or withdrawal of the Website or its content.

3. Registration

You warrant that:

• The personal information you are asked to provide when you register is true, accurate, current and complete in all respects; and
• You are not impersonating any other person or entity.

You will notify us immediately of any changes to your personal information by sending us a message through your Ethical Fruit account.

4. Privacy Policy

We will treat all of your information as confidential and will only use it in accordance with our Privacy Policy.

When you shop on this Web Site, we will ask you to include personal information to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that we will store this information in accordance with the register we maintain with the Data Commissioner’s office.

For more information about our Privacy Policy, please click here.

5. Protecting your safety

We take the risk of Internet fraud very seriously. We take all necessary steps to ensure that all orders are thoroughly reviewed using the information provided by you. We may contact you for additional security checks and kindly request your cooperation in completing these additional checks. We will not tolerate fraudulent transactions and such transactions will be reported to the appropriate authorities.

By agreeing to these terms and conditions you consent to such verifications. In carrying out these checks, personal information provided by you may be disclosed to a Referral Credit Agency which may maintain a record of such information. We assure you that this is only done to confirm your identity, that no credit check is performed and that your credit rating is not affected.

6. Compliance

The Web Site may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, rules and regulations in connection with the Web Site and its use. You agree not to enter or transmit through the Web Site:

• No computer virus or other item designed to interfere with, disrupt or impede the normal operating procedures of a computer; and
• Any material that is defamatory, offensive or obscene in nature.

7. Indemnification

You agree to fully and immediately upon request: indemnify, defend and hold us and our officers, directors, employees and suppliers harmless from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of your breach of these Terms, or any other liabilities arising out of your use of this Web Site or any other person accessing the Web Site using your personal information.

8. Third party links

As a convenience to our customers, the Web Site may include links to other web pages or materials beyond our control. For your information, we are not responsible for such websites or materials and do not review or rate them for approval. We shall not be responsible or liable, directly or indirectly, for the privacy practices or content of such web sites or for any damage, loss or liability caused or alleged to be caused in connection with use of or reliance on any advertising, content, products, materials or services available on such web sites or external resources.

9. Orders

All orders are subject to acceptance and availability. If the ordered goods are not available in stock, you will be notified by e-mail (or by other means if no e-mail has been provided) and you may choose to wait for the goods to become available or cancel your order.

Any order placed online by you will be treated as an offer to purchase our products and services. We reserve the right to reject any of your offers at any time. As a user, you agree that any automatic notification of receipt of your order that you receive from us will not constitute our acceptance of your offer to purchase products and services from our website. The conclusion of a contract between you as a user and us will take place: when we receive the deposit of the amount in our account or when we receive the SEPA authorization to charge the order, then we will process the delivery of the purchased products.

We will, to the extent that we are able to do so, keep your order and payment details secure, but in the absence of negligence on our part we cannot be liable for any loss suffered by you in the event that a third party attempts to gain unauthorized access to any data provided by you when accessing or placing an order on the Website.

You will be responsible for the products once they have been dispatched to the delivery address you provided at the time of ordering. We do not accept any liability in the event that you have provided an incorrect delivery address or if you are unable to collect the goods at the delivery address you have specified. Although the risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products will pass to you at the time thereafter to: a) the products have been shipped by us; and b) that we receive the corresponding payment. Notwithstanding the fact that the risk of loss or damage to the products only passes to you once the products have been delivered to the delivery address provided, ownership of the products shall pass to you in the following cases: (a) the products we ship; and (b) we receive payment in respect thereof.

10. Right of cancellation

As these are perishable products, once the product has been delivered, no returns will be accepted under any circumstances. It is your responsibility to check the product at pick-up, or in case it is delivered by our means, at the time of delivery. If you are not satisfied with the quality of the product delivered, you should immediately notify our agents through the contact telephone number provided on this website.

11. Price and payment

All prices displayed on the Website include VAT (where applicable) and are correct at the time they are entered into the system. However, we reserve the right to change prices at any time without prior notice (please note that these changes will not affect orders for which you have already received Confirmation of Shipment).

Auction lot prices are calculated on a minimum profitable basis and are increased in increments of €100 by default. There is no possibility of reducing the bid price once defined. You should carefully review the price you set before bidding, as the amount you set cannot be changed downwards.

We reserve the right to set a minimum reserve price for bids. If this price is not reached, we reserve the right to define the auction as invalid and cancel the sale.

The prices of our products are subject to change without notice, both at the beginning of the auctions and in the “buy now” lots.

In the exceptional case that the price shown on the checkout page is incorrect, and this fact is discovered prior to our acceptance of your order, we are under no obligation to sell you those items at the incorrectly displayed price. We will always try to ensure that the prices of the goods shown on the website are correct, but sometimes errors can occur. If we discover an error in the price of items you have ordered, we will let you know as soon as possible and give you the option of reconfirming the order at the correct price or canceling it.

12. Ability to Buy

In order for you to purchase goods on this Web Site and to lawfully enter into contracts on this Web Site under English law, you must:

• If you are an individual, you must be at least 18 years of age (please click here for more information on age classifications); and
• Register your real name, address, telephone number, e-mail address and any other requested data; and

By offering to purchase goods and services, you represent to us that you are a natural person of legal age and authorize us to transmit the information (including updated information) to obtain information from third parties and validate your identity.

13. Industrial and Intellectual Property

The content of the Web Site is protected by copyright, trademark, database, copyright and other intellectual property rights and you acknowledge that the material and content provided as part of the Web Site shall be owned by us or our licensors.

You may download and display content from the Web Site on a computer screen, store such content in electronic form on a disk (but not on a server or other storage device that is connected to a data network) or print a copy of such content for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not reproduce, modify, copy, distribute or use for commercial use any of the materials or contents of the Web Site.

14. Limitations of Liability

The Web Site is provided “as is” and “as shown” without any representation or warranty made and we make no warranties, either express or implied, in connection with the Web Site and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Site or any information you provide to us. You must assume the risk associated with the use of the Internet.

Although we try to ensure that the material on the Web Site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We shall not be liable for errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Web Site. In the event that we become aware of any inaccuracies in the material on the Web Site we will attempt to correct them as soon as reasonably possible.

In particular, we exclude any liability in connection with the following:

• Incompatibility of the Web Site with any of your equipment, software or telecommunications connections;
• Technical problems including errors or interruptions on the Web Site
• Inadequacy, unreliability or inaccuracy of the Web Site
• Inadequacy of the Web Site to meet your purchasing requirements

To the fullest extent permitted by applicable law, you agree that we shall not be liable to you or any third party for any consequential or incidental damages (including, without limitation, pure economic loss, lost profits, loss of business, loss of estimated savings, lost expenses, loss of privacy and loss of data) or any other indirect, special or punitive damages of any nature arising out of or in connection with the Web Site.

15. Independence

In the event that any part of the Terms shall be deemed unlawful, void or unenforceable for any reason, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

16. Disclaimer

No waiver by us shall be construed as a waiver of any succeeding proceeding or breach of any provision.

17. Uniqueness of Contract

These Terms form the entire basis of any agreement reached between you and us.