Terms and Conditions

Disclaimer

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products (Products) listed on our website eatuplondon.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US

eatuplondon.co.uk is a site operated by Ultimate Performance Limited (we). We are registered in England and Wales under company number 06279529.

Our main trading address is: 3rd Floor Acresfield, 8 Exchange Street, Manchester, England, M2 7HA Our VAT number is 997 763 830.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the United Kingdom. We aim to be able to deliver products to most parts of the UK but if you fall outside our current delivery area we will inform you immediately and fully refund and payment you have made.

3. YOUR STATUS

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.

4. HOW AN ORDER IS PLACED AND THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 We will only trade on the basis of these terms of sale. We will not accept an order unless you have indicated your agreement to these terms.

4.2 You will have an initial consultation with us which may be on line or by telephone or in person which is intended to agree with you your goals and what Products you would like to buy to help to achieve those goals. At the end of the consultation if you decide to order Products then you will specify (amongst other things):

(a) Foods you prefer to avoid;
(b) Ingredient preferences
(c) Place of delivery.

4.3 If on line, once you have selected your Products and completed other necessary part of our website you will be asked to press the proceed button. You cannot change your order once you have pressed proceed, so it is important to be satisfied that you have order what you want.

4.4 It is your responsibility to provide full and accurate information especially about any allegies or other issues which may affect your diet. If in doubt, you should let us know.

4.5 After placing an order (whether on line or by e mail or by telephone or in person), you will receive an e-mail or letter from us acknowledging that we have received your order. The contract between us (Contract) is formed when we send the e mail acknowledgment.

4.6 Part of the consultation process is to inform us of any allergies you suffer. We will not supply customers with Product if we believe that the severity of the allergy is such that such supply could be hazardous.

4.7 Following your initial order for Products for a period you select on line (the minimum period being five days) that order will automatically renew unless you choose to discontinue it. If you wish to continue, you need do nothing. You may also change your order upon such renewal, for example, to exclude types of ingredient or choose additional ingredients.

5. CONSUMER RIGHTS

5.1 You will not have any right to cancel an order once accepted by us.

6. AVAILABILITY AND DELIVERY

6.1 All of our food is freshly sourced, we pride ourselves on providing high quality produce and we deliver twice weekly during the day to ensure the quality isn’t compromised.

6.2 Our goal is to deliver on-time i.e. delivering at the time we quote. Unfortunately, factors such as weather and traffic conditions occasionally prevent us from achieving this. We cannot accept liability for late delivery arising from conditions beyond our control.

6.3 If your delivery details change, you must inform us as soon as possible. Once delivered to the specified place of delivery, risk in the Products will have passed to you.

7. PRICE AND PAYMENT

7.1 Payment for all Products must be by credit or debit card as specified in our website. Prices may change from time to time. If so, you will be informed before the next renewal of your order.

7.2 If we have to issue a refund to you, we shall try to do so within 7 – 10 days.

7.3 If on delivery you find that any products are damaged or are in an unacceptable condition then you must inform us as soon as possible and give us the opportunity to inspect the Product. If, at our discretion, we find that the Product delivered is not consistent with proper standards we will refund the cost of such unsatisfactory Product to you. We will not be responsible for Product which is damaged or faulty through your failure to store correctly.

8. OUR LIABILITY

8.1 Our liability for failing to deliver Products of satisfactory quality or otherwise breaking this contract is limited to the price of those Products.

8.2 This does not include or limit in any way our liability:

(a)For death or personal injury caused by our negligence;
(b)Under section 2(3) of the Consumer Protection Act 1987;
(c)For fraud or fraudulent misrepresentation; or
(d)For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage.

8.4 If you have an allergy or other aversion, for example, to nuts you must enquire before placing an order. Refer to consultation.

9. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

10. VARIOUS

10.1 These terms and conditions represent the entire agreement between us apart from the terms of use of our website.

10.2 All content included on this interactive service, such as text, graphics, button icons, images and software, is our property and is protected by UK and European copyright laws.

10.3 Any use of the content and software on this interactive service including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this interactive service is strictly prohibited.

10.4 Click here to view our privacy statement.