Terms and Conditions - World Food Box

INTRODUCTION

These terms and conditions (and the other documents referred to in here) govern the relationship between you and The World Food Box when you order any of the subscription meal-kit boxes or other products (“Products”) listed on our website at https://upgrade.worldfoodbox.co.uk/ (“Website”). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website.

Any reference to “you” or “your”, means you as a customer of our Products and/or as a user of our Website. Any reference to “we”, “us”, “our” or “World Food Box” is to World Food Box.

Please read these terms and conditions carefully before ordering any Products from our Website or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. You should also carefully review our Privacy Policy before placing an order for Products through our Website.

We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.

Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I have read and agree to the website terms and conditions’. Please understand that if you refuse to accept these terms and conditions, you will not be able to complete your order on our Website.

1. INFORMATION ABOUT US

We are Flying Trade Limited whose trading name is The World Food Box, a company registered in England and Wales under company number 02407688 and with our registered office at Europa House, Europa Way, Harwich, Essex CO12 4PT and we operate the Website.

2. YOUR STATUS

By placing an order through our Website, you confirm that:

you are legally capable of entering into binding contracts; and
you are at least 18 years old.

3. PURCHASE CONTRACT

All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. Subject to our cancellation rights set out in clause 3.5 below, acceptance of your order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to you. After the Contract has been formed you will be sent a dispatch confirmation (“Dispatch Confirmation”) via email.
The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Contract, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. World Food Box may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before World Food Box reasonably could act. To terminate your authorisation or change your payment method please contact our Customer Care Team on 020 3500 2057.
By subscribing to World Food Box you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. This is subject to variation in accordance with clause 3.5 below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
Pausing or cancelling your subscription is easy.

If you wish to pause your account, please contact us at support@upgrade.worldfoodbox.co.uk. and we will do the needful. You can pause your account for a maximum of a two month period after which the subscription will automatically renew again.
If you wish to cancel your account, you can do this after your two month subscription period. To cancel your subscription’, please contact us on 020 3500 2057 or email us at support@upgrade.worldfoodbox.co.uk. Cancellation request must be made at least 5 working days before the renewal date however, you will be charged for a minimum one month subscription so the cancellation will come into effect at the next renewal date.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.

4. OUR PRODUCTS

The images of the Products on our Website are for illustrative purposes only. Your Products may differ slightly from those as displayed on our Website and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our Website.
You are responsible for opening and inspecting the Products upon delivery and then storing them correctly. You are also completely responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our Products.
Our recipe cards include details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly. Whilst we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall or incorrect labelling.
If you have an allergy, you are responsible for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us on 020 3500 2057 or email us at support@upgrade.worldfoodbox.co.uk. All of the packaging for our Products is labelled to show any allergen advice, but please note that our Products may contain allergens including cereals containing gluten (wheat, rye, barley and oats), crustaceans, eggs, fish, peanuts, soybeans, milk, lactose, nuts, celery, mustard, sesame, sulphur dioxide and sulphites, lupin and molluscs. All Products are packed in a facility that handles nuts. Any severe allergy sufferers should contact us before placing an order.

5. CONSUMER RIGHTS

If you change your mind, you can withdraw the Order by telling us before the Contract is made and without giving us a reason and without incurring any liability.
You can cancel the Contract (whereupon you will not have any further obligation to us and we will not supply you with any Products) by telling us no later than 14 calendar days from the day you agree to take up our subscription services. If you cancel the contract in this manner, you must please return all Products which we have delivered to you unused, unopened, in perfect condition, and in their original packaging. Once the returned goods are received, we will issue a refund for the price paid for the goods (less any applicable shipping and handling charges). To the extent that we have not charged you for any Products which are supplied but not returned in the condition required in this clause, we retain the right to charge you for the same.
This does not affect your rights if the reason for cancellation is defective Goods. If the Products we deliver to you are defective, you should contact us and report such defect as soon as possible (we ask that this is within 3 days from delivery of the Products and if possible we ask that you send us a photograph as evidence of the defective Products – this will assist in processing your refund quickly). We will ask you to safely dispose of such Products and if we agree that it is defective (acting reasonably) we will offer you the choice of either an exchange or a refund of the price of the Product in full.
We will ask you to safely dispose of such Product and if we agree that it is defective we will offer you the choice of either an exchange or a refund of the price of the Product in full.
We will refund you within 14 days after the day on which (whichever is the earlier of):

the day we receive the Product back from you;
the day on which you provide us with acceptable evidence that you have sent the Product back to us; or
the day on which you provide us with acceptable evidence that the Product is defective and we have agreed for you to throw the Product away safely.

We will refund you by the method used by you to pay.
You may deactivate an order or cancel your subscription at any time. To do so, please follow the steps outlined above in clause 4.1 and 4.2.

6. AVAILABILITY & DELIVERY

All orders are subject to acceptance and availability.
We do not generally deliver to addresses outside England, Wales, Scotland, Northern Ireland, Isle of Man and Channel Islands.
An estimated dispatch date will be stated in your order confirmation email. This can be subject to change based on stock levels, your delivery address and when you placed your order.
You must notify us of a change of address via email or by updating the relevant area of your account with advance warning. We are not liable to replace or refund any orders that have been delivered to the wrong address.

7. PRICE AND PAYMENT

The prices payable for goods that you order are as set out in our website.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately. Goods will not be delivered until payment in full has been received.

8. PROMOTIONS AND DISCOUNT

Free or discounted introductory offers are only available to new users of the World Food Box and one use per household.
Discounted offers only apply to World Food subscription products, unless expressly stated.
Free or discounted offers are available only once to any one person.
Discounts cannot be used in conjunction with any other offers.
You must provide valid payment details to redeem a free or discounted offer.
You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the World Food Box subscription products until you cancel.

9. RETURNING GOODS

If you have received Products in connection with the Contract which you have cancelled, you must send the Goods back or hand them over to us at Europa House, Europa Way, Harwich, Essex, CO14 4PT without delay and no later than 14 days from the day on which you communicate your cancellation of this Contract to us. The deadline is met if you send the Goods back before the 14 day period has expired.
You agree that you will bear the cost of returning the Products.

10. RISK AND TITLE

Risk of damage to or loss of the goods passes to you to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver.
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

11. CANCELLATION BY US

We reserve the right to cancel the contract between us if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area;
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
- we consider you in breach of our terms and conditions;
If we do cancel your contract we will notify you by e-mail and will refund charges for any outstanding orders as soon as possible but in any event within 30 days of your order. If you cancel before the first order has been processed, we reserve the right to cancel your trial order dispatch and provide a refund of the payment. You will be notified by email if your order has been cancelled & refunded under this clause.

12. WARRANTY

We warrant to you that any Product purchased from us through our Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

13. OUR LIABILITY

Nothing in these terms and conditions shall:
- restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen’s Advice Bureau);
- exclude or limit our liability for death or personal injury resulting from our negligence;
- exclude or limit our liability for fraud or fraudulent misrepresentation;
- exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this relates to legal title / ownership);
- exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
- exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Subject to condition 13.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to condition 13.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a Contract.
Subject to condition 13.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this condition 13.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this condition 13.3.

14. PRIVACY POLICY

We take care to handle your personal data in accordance with applicable law. Please see our privacy and cookies policy for more information.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. NOTICES

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must either be sent via email support@upgrade.worldfoodbox.co.uk. or in writing and sent to our contact address at Europa House, Europa Way, Harwich, Essex CO12 4PT and all notices from us to you will be displayed on our website from time to time.

17. TRANSFER OF RIGHTS & OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. EVENTS OUTSIDE OUR CONTROL

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 (“Event Outside Our Control”).
An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

19. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 16 above.

20. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will be effective unless you expressly notify us that you do not agree to any such revisions or amendments.
Subject to condition 22.2, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23. LAW AND JURISDICTION

Contracts for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with them will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts will be subject to the exclusive jurisdiction of the courts of England.

These terms and conditions were last updated on 8th December 2023.