TERMS OF SALES
1. Application of these terms
The Site available at www.blendmyday.co.uk (our Site) is operated by Blend My Day UK, a UK establishment for the French company, Smooth & Go of 60 rue de Provence 75009 Paris (we, us).
Our Site is hosted by Shopify Inc. located at 150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada.
These Terms and Conditions (these Terms) govern use of our Site generally, and in particular apply to all orders for products placed on our Site (the Products) so please take the time to read them. If you do not accept these Terms, please do not use our Site, and/or order any Products through our Site.
We may update these Terms from time to time, and if we have your email address we shall notify you of any changes. Otherwise, it is your responsibility to check these Terms to determine whether any changes have been made since you last visited. These Terms were last updated on 14 July 2020.
These Terms are exclusively intended for consumers resident in the UK excluding certain hard to reach areas. If you wish to order Products as a retailer for resale, please contact us at firstname.lastname@example.org. You may not therefore re-sell our Products without our prior written consent.
Our customer service is available from Monday to Friday from 9 a.m. to 6 p.m.
You can contact our customer service:
- by email: email@example.com
- by phone: TBC
- by mail: BLEND MY DAY UK, 563 Chiswick High Road, London, W4 3AY.
2. Our Products
Our Products are kits/mixes with pre-chopped and pre-portioned frozen ingredients (such fruits, vegetables, seeds, cereals, nuts, powders, herbs). These mixes are delivered in paper cups and are to be eaten after you have followed our instructions on the Site or packaging to blend, soak, thaw or reheat the Products as the case may be.
Once blended with liquid of your choice, our smoothie kits make about 400ml to 500ml of smoothie. To blend our smoothie kits you need have a blender with a minimum jar capacity of 500ml and sufficient power (800W minimum recommended). Once blended, you should drink the smoothie straight away.
Our porridge bowls kits need to be soaked or heated with liquid before eating. Once prepared, they can be kept up to 48 hours in the fridge.
The nutritional information and possible allergens are provided on the Site, as well as on the Product packaging.
The offers on the Site are valid as long as they are accessible electronically on the Site and subject to availability. Our Product range is always evolving and we reserve the right to modify it at any time.
You can place an order for Products only if you are at least 18 years old and legally capable of entering a contract. We are unable to deliver to certain areas, and we shall notify you accordingly if we cannot deliver to your area when you input your postcode to our order pages.
Your order constitutes an offer to purchase Products from us, and does not form a binding contract until accepted by us. On receipt of your order and full payment, we will send you an order acknowledgement email to the email address provided by you in the order process. This order acknowledgement email will contain your order number and details of the Products ordered.
This email is an acknowledgement of receipt of your order. It is not an acceptance by us of any offer to purchase Products.
An offer made by you to purchase Products shall be accepted by us only when we dispatch the Products to you. We reserve the right to refuse any offers in an order before acceptance.
We do our best to guarantee the availability of Products. However, if a Product runs out, we will notify you as soon as possible and you will then have the choice, as far as possible, between replacing the out-of-stock Product with another or postponing the delivery of your order. If neither of these options is acceptable, and if we have taken payment for the Product, we shall refund you the price paid for the out-of-stock Product. If you delay your response, then this may delay the delivery date, or we shall, at our sole discretion either refund you the price paid for the out-of-stock Product or provide a substitute for the Product of a similar price. If you don’t want the substitute, please let us know and we will refund the price paid for the out-of-stock Product.
You must make sure that all information you provide to us, including email, mobile phone number and delivery address is accurate.
When available, you will be able to subscribe to recurring deliveries of Products. Subscriptions will be taken out for an indefinite period and when you subscribe to recurring deliveries, you will also receive an email confirmation from our payment provider (currently PayPal or Stripe), to confirm your regular payments.
You agree that as our Products are intended for consumption and are perishable, you have no right under consumer to law to cancel an order or a contract for the supply of Products except as set out in these Terms.
Subscriptions, when available, can be changed, paused or cancelled by email to customer service or through your online client account. Requests to change, pause or cancel a subscription delivery must be received by us at least 3 working days before the next scheduled delivery date. We can also cancel your subscription at any time, in particular if you have failed to pay any sum due to us or if we suspect fraud.
We reserve the right to cancel the contract between us and stop delivering our Products to you if:
• we have insufficient stock to deliver the Products you have ordered;
• we do not deliver Products to your delivery address;
• we suspect that you intend to resell the Products;
• we cannot obtain authorisation for your payment;
• a payment is unjustifiably charged back;
• we cannot verify that you are aged 18 or over; and/or
• one or more of the Products 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; and/or
• we suspect fraud.
If we do cancel your contract we will notify you by e-mail and will refund you all sums paid for produce not delivered within 30 days of the date of receipt of the order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Prices and payment
The price payable for Products and the costs of delivery are set out on the Site. We reserve the right to change the price of Products and costs of delivery at any time.
We only accept payments by credit card or through Paypal. Once you have completed all the required details, and clicked "Pay the order ”, you authorise us to take payment for the Products.
When subscriptions to our Products are available, you must pay the price for the first delivery on placing the order, and then you authorise us to deduct the price on a recurring basis. This means that we will continue to take payment from you until your subscription is cancelled without obtaining any further confirmation or authorisation from you for such payments. We may change the price of your subscription from time to time, but we will notify you at least 7 days in advance giving you time to cancel your next delivery. You must keep your payment details up to date.
Your payment details are transmitted to our certified service provider specializing in the management of secure online payments in encrypted form via a secure connection.
We use third party couriers to deliver our Products, currently DPD. Therefore, while we do our best to meet delivery times, actual delivery times may vary from estimated times displayed.
If your Products haven’t arrived by 10pm on the day of your scheduled delivery, please notify us as soon as possible by email or telephone and we shall try to resolve the problem with our couriers.
For subscription deliveries, we aim to deliver according to the delivery schedule available in your online customer account.
When placing your order, you are asked to fill-in your mobile phone number so that the courier can send you delivery update notifications and contact you if needed. We will not refund you any sums paid if the address you have provided is incorrect and our couriers are therefore unable to deliver the Products.
You must also give details of your safe place delivery instructions to let us know where we can leave your box in case you're not in (i.e., behind the gate, with a neighbour etc.). If you are not in when our couriers deliver then, without instructions, your Products will be left by your front door and you expressly accept that risk.
Our Products are delivered to you in packaging designed to keep the Products frozen until 10pm on the day of your delivery, thanks to our insulated packaging and the use of dry ice. You must ensure that you store your Products in your freezer (to a maximum temperature of -18 degrees) by 10pm on the day of delivery and they should remain there until you are ready to user the Products. We will not refund you any sums paid for any damage to the Products because of your failure to store them accordingly.
7. Problem with your products
If you believe that the Products on delivery are not what you ordered, incomplete or of unsatisfactory quality, please notify us as soon as possible at firstname.lastname@example.org . If we agree that the Products are not what you ordered or are of unsatisfactory quality, we will refund to you the price of the Products paid. We reserve the right to arrange for collection of any defective Products and ask that you assist us to do so by making the Products available for collection at our request.
Notwithstanding any issues you notice, please do put the Products in the freezer in accordance with the instructions set out in paragraph 6 above. We are not responsible for a defect or defect that arises after delivery such as failure to put the Products into the freezer on delivery.
You are of course responsible for the proper storage, safe washing, handling, preparation, storage, use and consumption of the Products following delivery. You should use the Products in accordance with the instructions and by the best before date. The ingredients list and the possibility of traces of allergens in each Product is clearly marked on our Site and the Products themselves. We are therefore not responsible for any allergic reaction suffered through the consumption of any our or Products.
We use dry ice in our packaging. Do not break up the dry ice packaging and please follow the instructions on the packaging when you dispose of the packaging. In particular, ensure that dry ice is disposed of in a safe place in a well-ventilated area that is secured against access to passers-by, especially children and animals. Do not dispose of dry ice in an area where CO2 gas can collect in low-lying areas such as drains or other confined spaces.
If we are unable to carry out any obligation to you for reasons outside of our control, including failure of supplies, pandemic, epidemic, failure of transport or delivery network, then we shall have no additional liability to you except to refund the price paid for any order that we have not delivered. In any case, we are only liable to you for any loss or damage you suffer where we owe you a duty of care and the loss or damage is foreseeable. Nothing in these Terms is intended to limit your statutory rights as a consumer. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
8. Personal Data
9. Access to the Site
If you create an account on our Site, you are for choosing a secure password to access the Site and you must keep your password confidential. We are not liable for any losses or damages that may be suffered or incurred from any failure to keep a password confidential or from intentionally sharing a password. You are solely responsible for all activities that occur within your account, you must notify us immediately if you suspect there has been unauthorised access to or use of your account and provide all reasonable assistance to bring an end to such unauthorised access or use.
We try to ensure that the Site is normally available 24 hours a day, but we are not liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
We also try to ensure that the Site does not contain or promulgate any viruses or other malicious code. However, you should regularly check for the presence of viruses and other malicious code. We may share anonymous information about your access to and use of the Site with third parties for research and analysis.
10. Ownership of the Site
All the elements making up the Site (texts, photographs, comments, brands, trade name, domain name, drawings, images, graphic charter, logos, database, etc.) are strictly protected by the law of intellectual property and are our exclusive property and/or our business partners.
Any reproduction or representation, in whole or in part, of the Site and/or one or more of its elements is strictly prohibited without our prior written authorization.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.