PREAMBLE
Before using or obtaining any materials, information, services and products via www.fitfoodway.co.uk (“Website”), please read carefully the Terms and conditions applicable for website use. The following Terms and conditions apply to all orders placed on www.fitfoodway.co.uk website.
1. Information on the website administrator/seller
The website www.fitfoodway.co.uk is property of BIVA GROUP LTD., with head office in Guildford, Stag Hill, Unit 6, GU2 7RZ, having V.A.T. No.452857762 , Company No. 14680063, e-mail: office@fitfoodway.co.uk phone: 07376915199, hereinafter named website administrator/seller.
2. Definitions
- website administrator/seller - the company: BIVA GROUP LTD;
- Customer/Buyer - any natural person having legal capacity or any legal person who registers on the website by creating and using a User Account and who places an order on the website, according to the procedure stipulated within the Terms and Conditions;
- User - any natural person having legal capacity or any legal person who registers on the website by creating a User Account;
- Visitor - any natural or legal person who accesses the website, without registering or placing an order;
- User Account - registration and authentication method on the website, consisting of a username and a password which allow the buyer to place an order on the website; the user account contains the identification data of the buyer and the history of orders placed by the buyer. The User: (i) states that all information registered upon account creation are real, correct, complete and updated; (ii) undertakes responsibility for keeping the confidentiality of account data (username and password) and for managing account access; (iii) expressly accepts the Terms and Conditions in the version displayed on the website at the date of website use/order placing. After the creation of account, using the website means accepting the modifications brought to the Terms and Conditions displayed on the website;
- Order - electronic document executed by the buyer and remitted to the seller, through the website, through which the buyer manifests his/her firm intention to purchase one or more products offered by the seller, by paying the price thereof;
- convention/contract - order confirmed by the Seller, according to the Terms and Conditions;
- offer - selling proposal addressed to buyer, presented via website;
- commercial communication - any type of communication (e-mail/SMS/telephone, etc.) aimed to promote, directly or indirectly, the products, services, image, brand or name, company or logo of the company BIVA GROUP LTD..
3. Accepting the Terms and Conditions
3.1 When using the website and/or placing an order, the visitor/user undertakes to comply with the Terms and Conditions specified hereinafter and understands he/she can`t invoke not being aware thereof.
3.2 The website reserves the right to update/modify the Terms and Conditions anytime, without any previous notice and the updates/modifications shall be applicable from the date of their display on the website.
4. Intellectual property rights
4.1 All intellectual property rights fall to BIVA GROUP LTD Company. Any use of the website or of its content (for example: images, descriptions/texts, graphic elements, symbols, scripts, programs, logos, stylized representations, etc.) for any other purpose than personal and non-commercial use by the visitor/user is forbidden, without the written consent of the administrator.
4.2 The access of the visitor/user on the website is limited to personal interest, namely to the right to access the website strictly with the purpose of visualising products and/or for placing an order.
4.3 Violating the intellectual property rights by the visitor/user implies him/her assuming civil, criminal responsibility, or any kind of responsibility and, therefore, grants the administrator the right to follow any legal or paralegal proceedings. In this case, the administrator is entitled to claim the visitor/user the reimbursement of the material and moral damage incurred.
5. Concluding the contract. Placing the order
5.1 Each User is granted access for placing an order. The Seller executes his commercial operations via e-mail. By placing the order, the Customer accepts this type of communication.
5.2 The contract is considered concluded upon receipt by the Buyer from the Seller, via e-mail, of the confirmation of acceptance of the order placed by the Buyer. Immediately after placing the order, but not later than the time of delivery of the products, the buyer will receive the e-mail confirming acceptance of the order. From the moment of receiving the order acceptance confirmation, the customer does not have the possibility to request the cancellation of the order.
5.3. The contract consists of the order placed by the buyer and confirmed by the seller and these Terms and Conditions.
5.4 In the event the order cannot be processed, the buyer will be informed as soon as possible. An order not confirmed by the seller will be considered as cancelled order. If payment has been made for an unconfirmed order, the seller will refund the amount within 7 working days.
5.5 The seller reserves the right to confirm orders only within the limit of the available stocks. The seller cannot guarantee the availability of the products displayed/listed on the website and can refuse any order in case of unavailability of a product or if those products are no longer part of the existing offer, as well as for any other reason.
5.6. The contract shall be executed immediately, having as object the obligation of the seller to transfer to the buyer the ownership of a good in exchange for a price that the buyer undertakes to pay.
6. Information on the products. Nutrition information. Limitation of liability
6.1 The products sold by the seller are designed and prepared so as to comply with the legal requirements and relevant health and safety standards in United Kingdom.
6.2. Buyers are informed about the essential characteristics of the products sold by the seller (ingredients, weight, price per unit). Through his website, the seller makes available to visitors/buyers the information related to the listed products. Buyers are informed on the final price of the product to be paid, which includes all costs, including value added tax and all additional costs.
6.3. Products sold by the seller are not intended for resale.
6.4. The seller will make sure that all product characteristics presented on the website are correct, but if, by mistake, a commercialised and ordered product has displayed wrong or non-compliant features, the seller will inform the buyer, who is entitled to cancel the order.
6.5. The seller does not assume responsibility for the names of programs and menus, this being merely for informational purpose. The images published on the website are by way of example, having an illustrative character, and the delivered products may differ from the images presented in any way (colour, appearance, etc.). Also, the packaging of the products may vary from the packaging presented on the website.
6.6. The seller reserves the right to unilaterally change the product information without any additional formality.
6.7. The information presented on the website is for informational purposes only, being addressed to visitors interested in a healthy lifestyle. No nutritional or food information can be considered as nutritional/medical advice. The information presented cannot be considered, under any circumstances, as being assimilated to a specialized nutritional/medical consultation. If the buyer has any doubts about his health, he/she has the obligation to consult a nutritionist or a doctor before placing an order. The Seller is not liable for any loss, damage or injury resulting from the advice, recipes, information or instructions presented on the website or in connection with the products sold by Seller.
6.8. The visitor/buyer agrees that the use of the website and the purchase of related products or services is made at their own risk.
6.9. The buyer is responsible for opening and inspection of the delivered products, as well as for their correct storage after opening the package (e.g. in the refrigerator). The buyer is also responsible for preparing and reheating the delivered products. The seller assumes no responsibility for any loss, damage or injury resulting from incorrect storage, preparation or reheating of the delivered products.
6.10. If the buyer has allergies or food intolerances to one or more of the substances considered allergens (https://fitfoodway.co.uk/alergens.html), he is responsible for checking the ordered product and has the obligation to ensure that the ordered product contains potentially allergenic substances or may contain traces of potentially allergenic substances relevant to the purchaser. In this sense, the buyer has the obligation to request additional information about the content of the product he wants to order before placing the order, by phone at no. 07376915199 or in writing to the e-mail address: office@fitfoodway.co.uk
7. Customer withdrawal. Return of products
7.1. In case that the customer determines that the received product shows deviations from the characteristics mentioned in the order (e.g. different food, different portions, etc.), that the packaging is deteriorated, the products don`t seem suitable for human consumption or appear incomplete, then the customer is entitled to request the seller the replacement of the product or the return of the paid amount. The complaint on the products` state must be communicated upon taking over thereof, by the telephone or via e-mail at office@fitfoodway.co.uk and is to be settled after checking the state of the products. If the verification shows that the products do not meet the requirements mentioned by the customer in the order, the products will be replaced, if they are still in stock, or the seller undertakes to return the full amount and not resell the non-compliant products to another customer. The seller will reimburse all amounts received as payment from the buyer within 14 days from the date on which he was informed of the buyer`s decision to withdraw from the contract, by using the same payment methods as those used by the buyer for the initial transaction.
7.2 Considering that the products contain fresh and perishable ingredients, the Customer does not have the right to withdraw from the contract, namely to return the products without having to justify the decision to withdraw, except as expressly provided in these Terms and Conditions.
8. Prices and payment methods
8.1. All prices of the products presented on the website, on the page dedicated to each product, are expressed in lei pounds (£) and include V.A.T. (20%), according to the legislation in force.
8.2. The price, payment methods and payment period are specified in each order.
8.3. The administrator is responsible that the prices displayed in the online store are correct, yet, if by error, a product sold and ordered has displayed an incorrect price, the administrator will bring this circumstance to the notice of the buyer. Provided that the actual price is lower than the displayed price, the product will be invoiced at the actual value. If the actual price is higher, then the buyer will be able to choose between paying the actual price and canceling the placed order.
8.4 In case of registration of an order with a derisory price, due to a technical or material error, the seller has the right to cancel the order.
8.5 Discounts, rebates and promotions do not cumulate and are expressly stated by the seller. The discount with the highest value shall always be the one applicable. The seller establishes the rules of the promotions and contests he organizes. These regulations are made available to potential participants only on the website. The promotions made by the seller fall under the UK G.O. no. 99/2000 and they may be subject to change depending on the marketing campaigns implemented. Only promotions that follow exactly the rules displayed on the website benefit from these promotions. Furthermore, promotions apply only to orders that are registered within the time period specified in the regulation and in which the promotion is valid and only within the limit of available stock. The seller does not guarantee the availability of the products for the promotion and may interrupt or cancel it at any time without prior notice.
8.6 The price printed on the invoice/fiscal receipt must be the same as the one specified by the seller at the time of order confirmation.
8.7 The seller will issue the invoice in electronic format, according to the provisions of art. 319 par. (4) of the UK Fiscal Code, and the buyer declares that he accepts the use of the electronic invoice. The invoice will be communicated to the buyer at the e-mail address chosen for communication. The products are accompanied by the fiscal receipt at the time of delivery.
8.8 The Customer is provided the following payment methods: (i) cash payment to the courier on delivery, upon receipt of the products; (ii) online, with debit or credit bank card, upon placing the order. Accepted cards for online payment of products are: Visa, Visa Electron, Mastercard/Eurocard, Maestro, including Visa and Mastercard virtual cards; the seller has the right to cancel the order if the transaction has not been accepted by the issuing bank of the buyer's card.
8.9 In case of payment by bank card, if the payment has been processed and as a result of stock synchronization it proves to be out of stock, then the seller will contact the customer and return the amount paid by him/her or, at the express request of the customer, will offer other products in exchange, from those in stock.
8.10 The delivery and packaging of the products are free.
9. Products delivery
9.1 The products available in stock and listed on the website will be physically delivered to the specified address, through our own staff/express courier services, only in UK. Deliveries are made door-to-door. The delivery courier for the ordered products is chosen by the seller, unilaterally. The seller may, at any time, change the courier that will deliver the products ordered by the buyer.
9.2 The seller will provide the proper packaging of the products delivered.
9.3 The products will be delivered to the address indicated by the buyer. The seller provides free delivery of orders.
9.4 The delivery period for the products ordered on the website is, essentially, 24 hours from the moment of confirmation of the order by the seller.
9.5 Orders shall be placed 1 day before delivery until 15:00. Orders can be changed 1 day before delivery until 15:00. No orders are processed, neither delivered on non-working days and bank holidays.
9.6 The ordered products will be delivered between 6:00 and 11:00, depending on the courier's route. The seller cannot guarantee a fixed delivery time.
9.7 The administrator may delay or cancel the delivery of the products if he is unable to provide the order for reasons beyond his control, caused either by a third party or by force majeure.
9.8 There may be delays compared to the delivery time set at the time of order confirmation; in this case, the seller does not assume any responsibility on behalf of the courier.
9.9 In case the seller, after confirming the order, does not deliver the products between 6:00 and 11:00, and the buyer has chosen to cancel the order, the seller will refund without unjustified delay all amounts paid under the contract by the buyer and within maximum 3 days from the date on which the buyer communicated the seller his decision to terminate the contract.
9.10 The risk of loss of or damage to the products is transferred to the buyer when he/she or a third party designated by him/her, other than the courier, takes over the products physically.
9.11 The ownership of the products is transferred to the buyer upon delivery, subject to payment of the price.
9.12 If the product cannot be delivered due to causes attributable to the buyer, the seller reserves the right to collect the amount related to the ordered product.
10. The Customer`s obligations
10.1. The Buyer undertakes to read, accept and comply with the Terms and Conditions of the seller when using the website and when placing orders and to pay the value of the products ordered through the methods provided by the seller.
10.2 The Buyer undertakes to provide real, correct and actual information about his identity for the creation of the User Account and when requested, otherwise there is the possibility of refusing orders; the buyer can modify, complete or update his identification data by accessing My Account section. The seller has the right to cancel the order if the buyer's data is incomplete.
10.3 The Buyer has the obligation to update the data in the User Account whenever necessary.
11. The Seller`s obligations
11.1 The seller undertakes to contact customers to confirm orders by e-mail.
11.2 The seller undertakes to deliver the products within 24 hours from the order confirmation.
11.3 The Seller undertakes to use the personal data collected from customers/users in accordance with the Privacy Policy section. Processing of personal data is an integral part of the Terms and Conditions.
12. Confidentiality policy. Personal data processing
12.1 The Seller shall keep the confidentiality of any information provided by the Buyer. No public statement, promotion, press releases or other means of communication to third parties will be made by the customer regarding the order without the prior written consent of the seller.
12.2 According to the requirements of the Regulation (UK G.O. ) 2016/679 of the UK G.O. (“the General Data Protection Regulation” or “GDPR”) and of Law 506/2004 regarding the processing of personal data and protection of private life in electronic communication sector, the seller has the obligation to safely manage and only for the specified purposes the personal data provided on you, a family member or any other person.
12.3 The identity and contact information of the personal data operator are: BIVA GROUP LTD., with head office in Guildford, Stag Hill, Unit 6, GU2 7RZ, registered at , having tax ID no. 14680063, bank account , opened at , e-mail: office@fitfoodway.co.uk telephone: 07376915199
12.4 Collected and processed personal data: last name and first name/designation, e-mail address, mobile phone number, landline number, delivery address, head office, unique registration code, bank account, bank card data, IP address, others online identifiers, online visit history, order history. Not collected/processed: sensitive data included by the Regulation in special categories of personal data; data of minors under the age of 16, data on criminal convictions and offenses.
12.5 Upon filling in the personal data in the account creation form and/or order form, the user/buyer unconditionally accepts his data to be included in the seller's database and expressly and unequivocally agrees that all such personal data be stored, used and processed unlimited territorially and/or temporarily by the seller.
12.6. The seller collects personal data from his customers only if they are provided voluntarily. The refusal to supply them determines the impossibility of creating the account and processing the orders sent online on the website.
12.7 Purpose of collection and processing of personal data: (i) execution of the contract and communication with the customer (creation and administration of the account, administration of orders, settlement of any requests regarding an order/purchased products, return of products, refund of amounts collected as price in case return of products), according to the provisions of art. 6 al. 1 lit. b) of the Regulation; (ii) fulfilment of the obligations by the operator, as provided by the law in force (such as for example the fulfilment of fiscal/accounting obligations related to the issue of fiscal invoices, fulfilment of legal obligations for archiving accounting documents), according to the provisions of art. 6 al. 1 lit. c) of the Regulation; (iii) defending the legitimate interests of the operator (monitoring the execution of contractual obligations assumed by the customer towards the operator based on the contract concluded between the parties, management and protection of communications systems, online platform/platform users, IT network), according to art. 6 al. 1 lit. f) of the Regulation; (iv) for the purpose of commercial communications (including communications via e-mail) regarding products or services similar to those purchased by the customer, including information on offers/promotions/recommendations, according to the provisions of art. 6 al. 1 lit. a) of the Regulation; regarding the use of data for the purpose of commercial communications, the customer has the possibility to oppose through a simple and free way to such use, as follows: sending an email having as subject “unsubscribe commercial communications” to office@fitfoodway.co.uk or by clicking on the "Unsubscribe" link that appears in the e-mails that the customer receives; (v) improving the persons` experience on the operator's online platform, in order to take into account the persons` preferences, to adapt the operator's online platform to the device used by the persons and to solve issues that the respective persons could encounter while using the platform, according to the provisions of art. 6 al. 1 lit. a) of the Regulation.
12.8 Existence of an automatic decision-making process including profiling: in order for the operator to provide you with information of interest to you, it will be able to use certain data about your shopping behaviour (e.g. products viewed/purchased) to help you create a profile. This processing is carried out in compliance with your rights and freedoms, and the decisions taken on the basis of them have no legal effect on you and do not affect you in a similar way to a significant extent. This activity will also be carried out in the legitimate interest of the operator to carry out commercial activities.
12.9 Duration of keeping personal data: (i) throughout the existence of a user account; (ii) throughout the duration of a contract; (iii) for the entire duration established by the legal provisions in force, for the information collected/processed in order to fulfil certain legal obligations.
12.10 Recipients/categories of recipients of personal data: The data are intended for use by the operator, through his employees/representatives and may also be communicated to the following recipients: trading partners of the operator (such as suppliers of products marketed by the operator, courier service providers, accounting service providers who keep records of the operator, banking/payment service providers, IT service providers, marketing service providers), public authorities (in order to comply with any legal obligation) or others persons (such as: lawyers, mediators, debt collection companies, bailiffs, public authorities) in order to defend a legitimate interest of the operator.
12.11. The disclosure of data to third parties is made according to the legal provisions for the categories of recipients specified above.
12.12. Personal data are collected and processed in UK. The operator reserves the right to transfer certain personal data to entities in the European Union or outside the European Union, including in countries for which the European Commission has not recognized an adequate level of protection of personal data. In this case, appropriate measures will be taken to ensure that any international transfer of personal data is lawfully managed and that there will be contractual guarantees to ensure the protection of the personal data thus transferred.
12.13. User rights: (i) the right to access, which consists in the right to obtain from the operator a confirmation that personal data concerning him are processed or not; (ii) the right to rectification, which consists in the right to obtain from the operator, without unjustified delay, the correction of inaccurate personal data concerning him; (iii) the right to the deletion of data, which consists in the right to obtain from the operator the deletion of personal data concerning him, without unjustified delay; (iv) the right to the restriction of processing, which consists in the right to obtain from the operator the restriction of processing; (v) the right to data portability, which consists in the right to receive personal data concerning him and which he has provided to the operator in a structured, commonly used and automatically readable format and the right to transmit this data to another operator, without impediments from the operator to whom the personal data were provided; (vi) the right to object and to participate to the automatic individual decision-making process, which consists in the person`s right to oppose, at any time and for reasons related to his/her particular situation, the processing of personal data on the legitimate interest of the operator, including the creation of profiles based on those provisions and the right not to be subject to a decision based solely on automatic processing, including the creation of profiles, which produces legal effects concerning the person concerned or affects him/her in a similar way to a significant extent; (vii) the right to withdraw his/her consent at any time, without prejudice to the lawfulness of the processing carried out based on the consent before it is withdrawn; (viii) the right to lodge a complaint before a supervisory authority; the competent authority to receive and settle complaints is the National Authority for the Supervision of Personal Data Processing, with head office in London
12.14. Furthermore, the user is granted the right to address to a court. If some of the data is inaccurate, the operator must be informed as soon as possible.
12.15. How to exercise these rights: please contact the data protection officer directly at: office@fitfoodway.co.uk or in writing at the operator's head office.
12.16. The operator declares and warrants that: (i) personal data will be accessed only by authorized persons, for the purposes authorized by law; (ii) he will protect personal data stored or transmitted against accidental or unlawful destruction, against accidental loss or damage and against unlawful storage, processing, access or disclosure; (iii) has implemented appropriate technical and organizational measures to ensure the protection of personal data.
12.7 The information regarding the bank cards used for the online payment of the ordered products is not transferred or stored, at any time, on the seller's servers.
12.18. In the case of the 3D Secure system for payment with Visa and Mastercard cards, the data related to the buyer's card are entered directly into the Visa or Mastercard systems, and if the card was issued by a bank certified in the 3D Secure system, the transaction is authorized only after authentication in the system (entering a code and password known only to the buyer).
12.19. Any attempt to access another user's personal data or change the content of the website or affect the operation or performance of the server on which the website is hosted will be considered as an intentional act to harm the seller and compromise its activity, situation in which all legal proceedings will be initiated for the criminal prosecution of the guilty party and the incurrence of civil liability for the damage caused.
12.20. The updating and modification of the policy on the collection and processing of personal data will be carried out whenever necessary to reflect changes in the legislation in force or changes in the way personal data are processed by the operator. Any such changes will be displayed on www.fitfoodway.co.uk.
13. Cookies
13.1 Cookies are small text files, managed by the internet browser, consisting of letters and numbers, which will be stored on the computer, mobile terminal or other equipment of a visitor/user from which the website is accessed. The cookie is installed at the request of a web server to a browser and is completely "passive" (does not contain software, viruses or spyware and cannot access the information on the hard drive of the visitor/user). Some sections of the website's content may be provided through third-party cookies (e.g. advertisements), third parties being required to comply with applicable legal provisions and the privacy policy of the website administrator.
13.2 The website www.fitfoodway.co.uk installs cookies only to allow the improvement of the functions offered, so that the experience occasioned by visiting the website becomes more pleasant. The administrator does not use cookies to collect, process, disseminate or record personal data. There are situations in which the IP address from which the website is accessed or that of the reference website can be retained, if applicable. This information is necessary to provide quality services to visitors/customers and will not be sold, alienated or rented to a third party.
13.3. The administrator uses the following types of cookies: (i) strictly necessary cookies - necessary for the provision of the website's services; (ii) analysis cookies - used for the visitor to benefit from an improved experience and which allow the administrator to analyze how the website works; (iii) advertising cookies - used to provide relevant and personalized marketing materials for each user, as well as to evaluate the efficiency of such content.
13.4. Cookies can be session-type and are deleted when the browser is closed, or permanent and remain in the computer even after the browser is closed, usually until they are deleted manually.
13.5. The visitor/user/customer has the option to accept the use of cookies that will allow him to use all the functions of the website without restrictions when visiting the website. When accessing the website, the visitor/user/customer must give their consent for the placement and use of cookies on their equipment, by checking a box for each category of cookies, having the option to select the cookie module with which agrees. Strictly necessary cookies are essential for the proper functioning of the website, being set on the visitor's device when accessing the website, the visitor/user/customer having the option to reject the use of such cookies.
13.6. The website can be used without accepting cookies, within certain limits. In case the visitor/user wishes to deactivate the strictly necessary cookies, some functionalities of the website will be stopped, and this may generate certain malfunctions or errors in the use of the website.
13.7. Detailed information on how to manage, disable and delete cookies can be found in the settings of the browser used for browsing. The internet browser allows you to change cookie settings.
14. Comments and reviews
14.1 The website allows users/customers/buyers to leave comments/reviews/ask questions about the products offered, which will be published after prior approval. The website administrator reserves the right, but has no obligation, not to publish on the website comments/reviews that he deems inappropriate, thereby understanding, but not limited to, comments/reviews with illegal, obscene content, defamatory, threatening, infringing on a person's rights, infringing intellectual property rights, advertising content, viruses, spam, etc.
14.2 The user/customer/buyer undertakes to comply with the following rules when submitting a comment/review:
- to refer only to the characteristics of a certain product, avoiding information related to aspects that may change (price or promotional offers) or information related to the execution of the Order;
- use appropriate, non-offensive language, without terms that may offend or affect any other User/Customer/Buyer;
- to ensure the correct framing of the content entered on the website as follows: any question will be sent by e-mail to office@fitfoodway.co.uk or on the social media accounts of fitfoodway.co.uk;
- ensure that the information they enter is realistic, correct, not misleading and in accordance with applicable law, thus respecting the rights of other parties, copyright, trademark, license or other proprietary, advertising or privacy rights;
- to use this facility only to communicate or obtain additional details regarding a particular product or service from the website without referring to other companies that promote the sale and purchase of products or services;
- not provide or request, in any way or to any extent, personal data (contact details, information on delivery or residence address, telephone numbers, e-mail addresses, last name and/or first name, etc.), or any other information that may lead to the disclosure of this personal data;
- not to enter information and/or details about URLs (links) from other commercial websites that carry out the same commercial activity as the seller;
- not to try to defraud the services provided by the Seller or to leave reviews/comments/ask questions/answers containing advertising materials;
- not to use the review/comment/question/answer as a way of communication with the seller, but to use the contact details of the seller registered on the website.
14.3 The seller is not responsible and cannot be held liable, including regarding the obligation to pay compensation for any damage caused by the comments/reviews/questions published. If the user/customer/buyer provides, through comments/reviews, information that does not relate to products sold by the seller or the process of sale/purchase/delivery/return, then he/she assumes responsibility that by disclosing them does not affect rights of third parties persons, otherwise being directly and solely responsible for the damage incurred.
14.4 By publishing comments/reviews, the user/customer/buyer expressly agrees to transmit free of charge, unlimited and irrevocable to the seller the right to use, reproduce, modify in any form, retransmit and distribute to anyone and by any means the content of the comments/reviews. The use within the content of the comments/reviews, considering the right offered by the user/customer/buyer mentioned above, cannot lead to assuming a responsibility and engaging the responsibility of the administrator, the only person responsible being the user/customer/buyer who published the comment/review.
14.5. If the seller finds a repeated violation of the above mentioned rules, then he reserves the right to suspend the possibility for the user/customer/buyer to leave comments/reviews.
15. Newsletter
15.1 The seller can send commercial notifications by e-mail to visitors/customers of the website, through newsletters, about its current offers and, at the same time, can send greeting cards, gift vouchers or any other messages.
15.2. In order to receive offers or messages in newsletters, it is necessary for the visitor/customer to subscribe, free of charge and voluntarily, which implies that the visitor/customer has read, understood and accepted the terms and conditions set out in these Terms and Conditions.
15.3. By subscribing to the newsletter, the visitor/customer gives his express consent to receive commercial notifications from the seller.
15.4. The visitor/customer can unsubscribe from the newsletter at any time, following the instructions indicated in the footer of each email, free of charge, or by contacting the seller.
15.5. The website administrator does not encourage SPAM (defined as the process of sending unsolicited e-mails, often commercial, advertising for suspicious products and services, practiced in the e-marketing industry and by owners of pornographic websites). Therefore, all messages and offers communicated to visitors/customers through the newsletter are sent in consideration of their express request and in respect of which the unsubscription procedure has not been completed.
15.6. The offers and messages sent to the visitors/customers through the newsletter comply with the Electronic Commerce Law regarding the commercial communication as it is provided by the Romanian legislation and not only.
15.7. The visitor/customer may forward the newsletter to other persons at his own risk and it is considered that the visitor/customer has informed the respective person on the provisions stipulated by the Terms and Conditions, and that the person has understood and accepted them. Forwarding is allowed provided that the structure and content of the newsletter are not changed, otherwise the visitor/customer may be held liable for damages, regardless of their nature.
15.8. The seller is not responsible and cannot be held responsible for the actions taken by visitors/customers. The use of the newsletter is made in the same conditions in which the website is used.
15.9. The seller owns all rights on the content of the newsletter.
15.10. The Seller may restrict access to the newsletter, without the need for prior notice, to any visitor/customer who does not comply with the provisions of the Terms and Conditions or who is suspected of not complying with these provisions.
16. Applicable law. Litigations
16.1 These Terms and Conditions fall under the provisions of UK legislation.
16.2 In the event of a dispute between the administrator/seller and the user/buyer, the parties will try to settle issues amicably.
16.3. When it is not possible to settle the dispute amicably, the court at the head office of the administrator/seller shall bear the jurisdiction to settle such disputes.
17. Notifications
17.1 Notifications exchanged between the administrator/seller, on the one hand, and the visitor/buyer, on the other hand, will be considered sent if they are sent by e-mail (e-mail) to their addresses. The notifications that will be sent to the administrator, under the conditions mentioned above, will be sent to the e-mail address: office@fitfoodway.co.uk. Notifications sent by the administrator to the visitors/buyers shall be transmitted to the e-mail addresses communicated by them when filling in the registration forms on the website.
17.2 Notifications sent to the website administrator must include the following information: visitor/buyer identification data; the contractual report in relation to which the notification is sent (if applicable); the actual situation referred to in the notification; the arguments/reasons of the notification; requests addressed to the administrator; proposed solutions to resolve the situation.
17.3. Notifications addressed to the administrator will receive a response within at least 5 working days, which will be communicated by e-mail to the address indicated in the notification.
18. Miscellaneous
18.1 The online store may contain links to other websites, which may be accessed by visitors/users on their own risk. The seller is not responsible for errors that may occur on the website or for those related to the use of a browser, regardless of their cause. The seller is not liable for the nature, content and any other aspect related to the websites accessed through the links on the website, but the owners of these websites bear the responsibility for such websites.
18.2. The parties are exonerated from liability in case of force majeure, as defined by law and accepted by the parties as an unforeseeable event, beyond their will, which affects the fulfilment of the undertaken obligations, totally or partially. Force majeure, meaning any unforeseeable and unavoidable event that occurs after a contract has been concluded, and which prevents the execution in whole or in part thereof, exonerates the party invoking it under the law. Circumstances such as: war, revolution, earthquake, great floods, embargo, general strikes, etc. are considered as force majeure, within the meaning of this clause. The party invoking force majeure is obliged to notify the other party of the occurrence of the event within 7 days and to immediately take all possible measures to limit the consequences. Termination of force majeure must be notified to the other party within 7 days. If the circumstances requiring the suspension of performance of this contract are extended for more than 15 days, either party may request termination. Under such conditions, the contract is terminated without claiming damages.
18.3 The Seller may assign to and/or subcontract a third party for services related to the fulfilment of the order, subject to notification of the buyer, yet without his/her consent being necessary. The seller will always be liable towards the Buyer regarding his contractual obligations.
18.4. Seller reserves the right to block access to the website and to close the account of any user who violates any provision of the Terms and Conditions or who is suspected of violating any provision of the Terms and Conditions.
18.5. The seller reserves the right to modify or interrupt, temporarily or permanently, partially or totally, the services provided to visitor/user through the website, with or without prior notice. The seller is not responsible towards the visitor/user or towards any other third party for modifying, suspending or interrupting the services available through the website. Exception - accepted orders.
18.6. For notifications or complaints related to the purchased products, buyers can file notifications at: office@fitfoodway.co.uk. The notifications/complaints shall be settled within 15 days from their receipt.