TERMS AND CONDITIONS

Welcome to www.fruvibe.co.uk (hereinafter referred to as the “FruVibe”, “Platform”, “We”, “Us”, “Our”), FruVibe is a trading name of FruVibe Ltd, registered in England and Wales under company number 16382271 (hereinafter referred to as “the Company”) with its registered office located at Office6001, 58 Peregrine Road, Ilford, United Kingdom,  IG63SZ, London, UK.
These Terms & Conditions may be updated from time to time. The Platform is offered to Subscribers  and one-time purchasers  (collectively referred to as  “Users” “You” or “Your”) conditioned on user’s acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

Please read carefully these Terms and refer to our Privacy Policy to understand how we collect, use, and store your personal data in accordance with the UK GDPR and Data Protection Act 2018, and which is incorporated by reference into these Terms. We reserve the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Use of this Platform constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions. We may at any time revise these terms and conditions by updating the Terms on our Platform. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms and Condition” link that appears at the bottom of the Platform.

INTERPRETATION:

  • The official language of these terms shall be English.
  • The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

ELIGIBILITY:

  • You must be at least 18 years old to use the Platform, and your use must comply with all applicable laws. Users under 18 are strictly prohibited unless supervised by a parent or guardian. Unauthorized use or access is forbidden, and the Platform reserves the right to terminate access for violations of this policy or for previously banned users without explicit written authorization.
  • By using the Platform, you confirm you are 18 or older, have the legal right and capacity to agree to these terms, and if representing an entity, have the authority to bind it to this Agreement. Access may be restricted or eligibility criteria changed at our sole discretion. In case of conflict, these terms override any prior agreements unless specified otherwise for certain services.

REGISTRATION:

  • In order to use the Services, User must create an account with accurate, truthful information and maintain its confidentiality. You are solely responsible for all activities under your account, including updating any changes to your personal details promptly. Use a strong password, and notify us immediately of unauthorized access or security breaches. Sharing or transferring accounts is prohibited.
  • Do not create false accounts, impersonate others, use offensive usernames, or provide misleading information during registration. Violations may result in suspension, termination, or reclamation of accounts. Suspended or inactive accounts may be canceled at the Platform’s discretion.
  • One individual is allowed only one account. Ensure your actions comply with local laws, taxes, and the Platform’s policies. The Platform reserves the right to refuse service, suspend accounts, or modify policies at any time.

SERVICES:

  • We provide a subscription-based service offering the delivery of fresh, ready-to-eat fruit platters, which may include seasonal fruits, nuts, vegetables, and eggs (the “Products”), to individual customers (“Subscribers”) and one-time purchasers (“Customers”).
  • While we endeavor to accommodate reasonable customization requests for the Products, all offerings are subject to availability of ingredients and seasonal factors. We reserve the right to make substitutions of equivalent nutritional value where necessary, without prior notice.

SUBSCRIPTION, PAYMENTS AND BILLING:

  • Subscribers may choose from weekly subscription plans that include daily deliveries of Products, six (6) days per week.
  • Subscribers may pause or skip scheduled deliveries by providing a minimum of forty-eight (48) hours’ advance notice via their user account or by written request submitted by email to our designated customer service address. Any changes requested with less than forty-eight (48) hours’ notice may not be accommodated and may result in delivery and billing as originally scheduled.
  • Customers who do not wish to subscribe may purchase Products on a one-time basis, subject to availability. All one-time orders must be placed through the platform and are subject to these Terms.
  • Orders, whether part of a subscription or placed as a one-time purchase, may be cancelled for a full refund provided that a minimum of forty-eight (48) hours’ notice is given prior to the next scheduled delivery. Refund requests made within forty-eight (48) hours of the scheduled delivery date may not be honored. Refunds, when issued, will be processed within 7 business days to the original method of payment.
  • All payments for Products and Services offered through our platform are processed securely via third-party payment gateways. We currently use Stripe as our primary payment processor. By providing your payment information, you authorize us and our third-party payment providers to charge the applicable fees to your selected payment method. We may, in the future, offer additional payment options, including PayPal, at our discretion.
  • For customers enrolled in a subscription plan, billing does not occur automatically. Customers must manually renew their subscription through their account each week. FruVibe does not offer automatic recurring billing. It is the customer’s responsibility to initiate renewal in a timely manner to avoid any service interruptions. Additionally, customers must ensure their payment details are accurate and up to date at the time of renewal.
  • Customers who place one-time orders will be charged the full order amount at the time of purchase. No recurring billing will occur for one-time purchases.
  • We may, from time to time, offer limited-time promotional codes, discounts, or loyalty rewards. These offers are subject to specific terms and conditions, including expiration dates and usage limits. Promotional codes are non-transferable, may not be redeemed for cash, and may not be combined with other offers unless explicitly stated. We reserve the right to modify or discontinue promotions at any time without prior notice.
  • All prices displayed on the platform are exclusive of applicable taxes, unless stated otherwise. Any applicable sales, use, value-added, or other taxes will be calculated and added to your total during the checkout process, in accordance with applicable laws.

PERISHABLE PRODUCT EXCEPTION

  • Due to the perishable nature of our fresh food products, FruVibe orders are exempt from the statutory 14-day cooling-off period for online purchases. This exemption is in accordance with Regulation 28(1)(c) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As such, once an order has been placed and confirmed, it cannot be cancelled or returned unless the product is damaged or not as described.

DELIVERY TERMS

  • All deliveries of Products are fulfilled exclusively by FruVibe’s in-house delivery team. We do not currently engage third-party couriers in order to ensure timely delivery, maintain strict quality standards, and handle all orders in a temperature-controlled and hygienic manner by trained personnel.
  • We currently deliver only within specific districts in East London. Service is strictly limited to the following postal codes: E1, E2, E3, E6, E7, E8, E9, E10, E11, E12, E13, E14, E16, IG1, IG2, IG3, IG4, IG6, IG11, RM6, RM8, RM9.
  • Customers are solely responsible for verifying delivery eligibility to their address prior to placing an order. FruVibe shall not be held liable for orders placed to ineligible addresses, and reserves the right to cancel such orders without liability.
  • Deliveries are conducted six (6) days per week, Monday through Saturday. No deliveries shall be made on Sundays. Customers may select a preferred delivery window during the checkout process, subject to availability. The available delivery time slots are as follows:
    • Morning Delivery: Between 7:30 AM and 11:00 AM
    • Evening Delivery (where applicable): Between 4:00 PM and 7:00 PM
  • It is the customer’s responsibility to be available at the designated delivery address during the selected time slot. In the event that the customer is unavailable, our delivery personnel will make reasonable attempts to contact the customer using the contact information provided. If contact is unsuccessful, a “Delivery Attempted” notice shall be left, and the delivery will be deemed complete. No refunds or credits will be issued for such missed deliveries.
  • Customers must ensure that they or an authorized recipient are available to accept the delivery at the specified address and time. Customers may provide special delivery instructions during checkout (e.g., “leave with security” or “leave at reception”); however, FruVibe does not recommend this option due to the perishable nature of the Products.
    If a delivery is made in accordance with the customer’s instructions and the Products are lost, stolen, or spoiled as a result, FruVibe cannot accept liability for loss or damage once the product is delivered, and no refund shall be issued.
  • Standard delivery is provided free of charge for all subscription-based and one-time purchases within the serviceable area. FruVibe reserves the right to apply additional charges in the following circumstances: Re-delivery requests after a failed delivery attempt; Last-minute changes to the delivery address or scheduled time made with less than 48 hours’ notice;Delivery to locations requiring special access arrangements or handling, such as gated communities or restricted access buildings.
  • Customers are required to inspect all deliveries upon receipt. Any claims regarding damaged, missing, or incorrect items must be reported to FruVibe within one (1) hour of the delivery time. Reports must be submitted either by phone or email and should include the order details and, where possible, photographic evidence to assist in verification.
  • In the event of a delivery issue or a missed delivery, customers may request a re-delivery by contacting FruVibe via the customer support phone line. Re-delivery is subject to availability and may incur an additional charge, particularly where the original delivery was unsuccessful due to customer unavailability or failure to provide accurate instructions.
  • FruVibe shall issue a full refund for any items that are confirmed to have been damaged, omitted, or delivered incorrectly due to an error on the part of FruVibe. Customers requesting a refund must do so via email, clearly stating the issue and providing any relevant supporting information or images. FruVibe reserves the right to assess and verify all claims before authorizing a refund.

FORCE MAJUERE

  • FruVibe shall not be held liable for any delay, interruption, or failure to perform any of its obligations under these Terms, including but not limited to the delivery of Products, where such delay or failure is caused by circumstances beyond FruVibe’s reasonable control (“Force Majeure Events”). Such events include, but are not limited to:

           (a)Acts of God, including floods, storms, earthquakes, or other natural disasters;
           (b) Severe weather conditions or road closures;
           (c) Accidents, traffic congestion, or other transportation disruptions;
           (d) Fire, explosion, or other damage to facilities or vehicles;
           (e) Epidemics, pandemics, or outbreaks of disease affecting FruVibe personnel or operations;
           ( f ) Strikes, industrial disputes, lockouts, or other labor disturbances;
           (g) Acts of war, terrorism, civil commotion, or governmental actions;
           (h) Failure or unavailability of utilities, telecommunication services, or internet service providers;
           (i) Illness, medical emergency, or unavailability of delivery personnel.

Under no circumstances shall FruVibe be liable to any customer or third party for any loss, damage, cost, or inconvenience arising from a delay or failure to deliver caused by a Force Majeure Event. Any obligation affected by a Force Majeure Event shall be suspended for the duration of the event.

By using the FruVibe platform and services, the customer acknowledges and agrees that certain risks of delay are inherent in food delivery logistics, and that FruVibe’s obligations are subject to the terms of this clause in the event of uncontrollable circumstances.

ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:

  • Our Platform reserves the right to initiate civil and/or criminal proceedings against users who file invalid or false claims or provide misleading information. Such users may face suspension, blocking, or cancellation of their user ID and disqualification from the Platform. Filing fraudulent complaints with the intent to deceive, defraud, or cause harm constitutes a criminal offense and will be prosecuted to the fullest extent of the law. Users acknowledge that they access services and transact on the Platform at their own risk, using their best judgment. Users must not tamper with, misuse, or allow third parties to interfere with Platform Devices. The Platform bears no liability for delays or losses arising from services provi

SERVICE PROVIDERS AGREE AND CONFIRM:

  • Service Providers agree to use the Platform and its services lawfully, complying with all applicable laws and regulations. You must provide true and authentic information when requested, and we reserve the right to verify such details. If any information provided is found to be false or misleading, we may reject your registration or bar you from accessing the Platform and its affiliated services without prior notice. Service Providers access and use the Platform at your own risk, exercising your best judgment when transacting or entering into dealings.
  • Service Providers agree not to alter, damage, or delete content that is not your own, interfere with others’ access to the Platform, or falsely represent associations or relationships. The Platform is not responsible for offensive or unauthorized content posted by others, nor for the misuse of personal information service providers publicly share. Please carefully consider what service providers disclose on the Platform. The Company reserves the right to modify its business model and may charge for services in the future, with prior notice through updates to the User Agreement.

OWNERSHIP:

  • All intellectual property right, title, and interest in and to the Platform (excluding postings/content provided by the users) is and will remain the exclusive property of our Platform and its licensors. The Platform is protected by copyright, trademark, and other laws of UK. Nothing in these Terms gives you a right to use the name of the Platform or Platform’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the Platform or located on the Platform.

INDEMNITY:

  • Users agree to indemnify and hold harmless our Platform, its affiliates, and representatives from any claims, losses, or damages, including legal fees, arising from their actions, inactions, or breach of this Agreement, including violations of laws or third-party rights. This obligation survives the termination of this Agreement.

WEBSITE USAGE & PROHIBITED CONDUCT:

  • By accessing and using fruvibe.co.uk, users agree to comply with all applicable laws and the following conditions of use. The following activities are strictly prohibited:
    • Data Scraping: Users may not use bots, crawlers, scripts, or other automated methods to collect, extract, or harvest data from the website.
    • Unauthorized Use of Content: Users may not copy, reproduce, distribute, modify, or reuse any content including images, text, logos, product descriptions, or other materials without prior written consent from FruVibe Ltd.
    • Security Violations: Users may not attempt to interfere with, breach, or compromise the website’s security features, including but not limited to unauthorized access to accounts, systems, or networks connected to the website.
  • All content on fruvibe.co.uk is the intellectual property of FruVibe Ltd and is protected under applicable copyright, trademark, and other intellectual property laws. Any unauthorized use of this content may result in legal action.

TERMINATION/SUSPENSION OF ACCOUNT:

  • We may suspend, cancel, or terminate your access to the Platform at any time without notice. In such cases, the restrictions on downloaded materials and disclaimers of liability will still apply. We may close or limit your account if you breach this Agreement, violate legal obligations, engage in fraudulent activities, fail to verify your account, or for risk management purposes. If your account is closed due to your breach, you may be liable for fees. You will have no claims against us for any suspension or termination of your account.

GOVERNING LAW AND JURISDICTION:

  • This Agreement shall be governed by and construed in accordance with the laws of United Kingdom without regard to its choice of law principles.
  • The parties consent to exclusive jurisdiction and venue in the courts sitting in United Kingdom.

RESOLUTION OF DISPUTES:

  • In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  • The venue for arbitration shall be London, United Kingdom.
  • The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.

DISCLAIMER:

  • The Platform and its services are provided “as is” without warranties or guarantees of any kind, and all risks associated with its use rest solely with the user. We do not warrant that the Platform or services will meet your requirements, function uninterrupted, or be error-free, nor do we guarantee the correction of any defects in the software. Users access the Platform and services at their own discretion and risk, and we bear no responsibility for any resulting damage or loss. No advice or information, oral or written, obtained through the Platform shall create any warranty not explicitly stated. Furthermore, this Agreement does not establish a partnership, joint venture, agency, or employment relationship between the Parties. We disclaim responsibility for the actions or omissions of Service Providers, who do not represent or bind us in any capacity.

ALLERGY & FOOD SAFETY DISCLAIMER

  • FruVibe prepares and delivers fresh food products that may contain, or may come into contact with, allergens including but not limited to nuts (e.g., almonds, cashews, walnuts), peanuts, and eggs. These allergens are among those required to be disclosed pursuant to the UK Food Information Regulations 2014. While we make reasonable efforts to highlight known allergens in our product descriptions and respond to customer requests for ingredient information, we cannot guarantee the absence of trace allergens in any product.
  • All FruVibe products are prepared in a shared kitchen environment where allergens such as tree nuts, peanuts, and eggs are regularly handled. Although FruVibe implements food safety protocols, including the use of separate preparation areas and utensils, the risk of cross-contamination cannot be fully eliminated. As such, no product should be considered completely free of allergens.
  • By placing an order through our platform, the customer acknowledges and agrees to the following:

          (a) They have reviewed all relevant product information and allergen disclosures made available by FruVibe;

          (b) They have proactively informed FruVibe of any specific allergies, intolerances, or dietary restrictions that may affect their order;

          (c) They accept and assume full responsibility for the risks associated with potential allergen exposure, including the risk of cross-                   contact inherent in shared food preparation environments.

To the fullest extent permitted by law, FruVibe expressly disclaims any and all liability for allergic reactions or adverse health events resulting from the consumption of its products where appropriate warnings, disclosures, and reasonable handling procedures have been observed. Customers agree to indemnify and hold harmless FruVibe and its affiliates from any claims, losses, damages, or liabilities arising from their failure to adequately disclose allergy information or to assess the risks associated with product consumption. Customers with serious or life-threatening allergies are strongly advised to contact FruVibe at info@fruvibe.co.uk prior to placing an order to discuss the suitability of our products for their needs.

PRIVACY:

  • We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy. We process your data in accordance with the UK General Data Protection Regulation (UK GDPR). For more details, please review our Privacy Policy: https://fruvibe.co.uk/privacy-policy.

SECURITY:

  • We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measures, you must immediately notify us at info@fruvibe.co.uk. upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Platform, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). We process your data in accordance with the UK General Data Protection Regulation (UK GDPR). For more details, please review our Privacy Policy: https://fruvibe.co.uk/privacy-policy.
  • You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

NOTICES:

  • Any notices must be given by postal mail to us at;

Attn:LegalDepartment______________________________________________________________________.
FruVibe Ltd, Office6001, 58 Peregrine Road, Ilford, London, IG6 3SZ, UK.

  • In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.

OUR SERVICE AND GUARANTEES:

  • Our Platform reserves the right to modify or terminate the Platform’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our Platform does not guarantee continuous, uninterrupted access to the Platform, and operation of the Platform may be interfered with by numerous factors outside our control.

LINKS TO OTHER PLATFORMS:

  • Links to third party Platforms on this Platform are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Platforms and Platforms. We have not reviewed these third party Platforms or Platforms and do not control and are not responsible for any of these Platforms or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Platforms linked to this Platform, you do this entirely at your own risk.

NO WAIVER IMPLIED:

  • The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

SEVERABILITY:

  • Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

ASSIGNMENT:

  • You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
  • We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

MODIFICATION:

  • The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our Platform. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our Platform. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this Platform.

ENTIRE AGREEMENT:

  • The Agreement, in connection with the other obligations, policies and rules detailed in writing on the Platform, constitute the entire agreement between you and the Platform.

CONTACT US:

  • If you require an accessible version of these Terms & Conditions or assistance understanding them, please contact us at info@fruvibe.co.uk.