Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.athletekitchen.co.uk (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from our site 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 print a copy of these terms and conditions for future reference.
Please tick the checkbox in the “start now” to accept 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
1.1
We operate the website www.athletekitchen.co.uk. We are ATHLETE KITCHEN LTD, a company registered in the UK.
2. SERVICE AVAILABILITY
2.1
Our site is only intended for use by people residing in the Wales, United Kingdom of Great Britain currently. We do not accept orders from individuals outside this country.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1
you are legally capable of entering into binding contracts; and
3.2
you are at least 18 years old;
3.3
you are resident of Wales or a Welsh county; and
3.4
you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1
After placing an order on our standard order form, you will receive an e-mail 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirmation. The contract between us (Contract) will only be formed when we send you the confirmation email is recieved.
4.2
The Contract will relate only to those Products whose sale has been confirmed in the confirmation email. We will not be obliged to supply any other products other than those confirmed.
4.3
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 Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. There will be a minimum of 2 payments required per customer before cancellation will be accepted. www.athletekitchen.co.uk may submit periodic charges (e.g., monthly) 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 www.athletekitchen.co.uk reasonably could act. To terminate your authorisation, change your payment and/or skip weeks/payments, customers must do so directly through their website account login tab.
4.4
By subscribing to www.athletekitchen.co.uk 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, subject to variation in accordance with 4.5 below. Again there is minimum of 2 payments applicable when signing into any subscription plan . You will not be charged for any deactivation after this period but cannot be refunded for deactivate within a paid period. Plans can however be frozen and returned to if the payment period has remaining time left of use. 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.
4.5
Cancelling your subscription is easy. You just need to login to your account on the Athlete Kitchen portal, https://athletekitchen.co.uk/account/login. (Cancellations must be made by the close of play per Thursday for the following Monday delivery. Cancellations there after will be charged.):
4.6
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
5. VOUCHERS AND GIFT CARDS
5.1
We may offer gift cards, discount codes and other types of voucher (Voucher) which require to be activated at the payment screen on purchase of the required plan before commencement of delivery.
5.2
Vouchers and discount code may only be used by the intending receiver and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.3
We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
5.4
Vouchers may only be redeemed through the website www.athletekitchen.co.uk and not through any other website or method of communication. To use your Voucher code you will be required to enter at the online checkout page and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.5
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
5.6
We reserve the right to exclude the use of voucher codes on specific products.
For example vouchers linked to the normal Athlete Kitchen subscription cannot be used on the Athlete Kitchen Christmas Box or Gift Box. Vouchers will not be applied in conjunction with any existing account credit.
6. CONSUMER RIGHTS
6.1
You may deactivate a contract at any time, however you must do so by the Wednesday the week before Monday delivery of the following week, if subscription terms dictate. This is accessible through the https://athletekitchen.co.uk/account/login
6.2 Right to deactivate
Deactivation os subject to subscription terms. All subscription terms have a 2 payment minimum before activation can take place. Deactivation will then take place following the end of the payment block, not mid payment block. We reserve the right to refund mid break payment blocks.
To exercise the right to deactivate, you must inform us (Postal address: Athlete Kitchen Ltd t/a, Unit 15, Capital Business Park, Wentloog Avenue, Cardiff, South Glamorgan, CF3 2PX, E-Mail-Address: hello@athletekitchen.co.uk of your decision to deactivate this contract by a clear statement (e.g. a letter sent by post or e-mail). This is also controllable through your online portal and person account on https://athletekitchen.co.uk/account/login
To meet the deactivation deadline, it is sufficient for you to send your communication concerning your exercise of the right to deactivate before the deactivation period has expired.
6.3 Effects of deactivation
Deactivation of account will have no impact on the individuals right to resign and start plans at any giving time in the future
6.4 Exemption
Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly.
7. AVAILABILITY AND DELIVERY
Deliveries start of a full week, new clients start on a Sunday evening or Monday morning dependant on area delivery code. All new orders will be fulfilled on the next Monday up until close of play on the Friday prior. Dispatch confirm will be release by kitchen once order is fulfilled.
Exceptions to this can be made and alternative start dates arrange, through prior agreement with Athete Kitchen. Deliveries run 5 days a week, Sunday through Thursday or Monday through Friday dependant on delivery area code.
8. RISK AND TITLE
8.1
The Products will be at your risk from the time of delivery.
8.2
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1
The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error or technical fault.
9.2
All products are non vatable .
9.3
Product prices and delivery charges are liable to change at any time, but will not affect existing live client plans.
9.4
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard.
10. OUR REFUNDS POLICY
10.1
If you are unhappy with meal plan or any of our products for a legitimate reason such as: the containers were damaged, there was an odour to the produce, the meals didn’t arrive. We will offer an appropriate refund as long as proof of these issues can be shown and not the quality advertised.
11. WARRANTY
We warrant to you that any Product purchased from us through our site 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.
12. OUR LIABILITY
12.1
Subject to clause 13.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products or replace the product in its entirety.
12.2
Nothing in this agreement excludes or limits our liability for:
12.2.1
Death or personal injury caused by our negligence;
12.2.2
Fraud or fraudulent misrepresentation;
12.2.3
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
12.2.4
Defective products under the Consumer Protection Act 1987; or
12.2.5
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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.
14. NOTICES
All notices given by you to us must be given to JONES FOOD 7 BEVERAGE LTD at www.athletekitchen.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1
The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2
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.
15.3
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.
16. INTELLECTUAL PROPERTY RIGHTS
16.1
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
16.3
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
17. EVENTS OUTSIDE OUR CONTROL
17.1
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 (Force Majeure Event).
17.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1
Strikes, lock-outs or other industrial action;
17.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5
Impossibility of the use of public or private telecommunications networks; and
17.2.6
The acts, decrees, legislation, regulations or restrictions of any government.
17.3
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. WAIVER
18.1
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.
18.2
A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3
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 clause 14 above.
19. 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.
20. ENTIRE AGREEMENT
20.1
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.
20.2
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.
20.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4
Nothing in this clause limits or excludes any liability for fraud
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1
We have the right to revise and amend these terms and conditions from time to time 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.
21.2
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).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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