TERMS & CONDITIONS
Avocado Kids trading as Avocado Kids LTD
DEFINITIONS AND INTERPRETATIONS
1. Avocado Kids LTD may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 23/11/2020
2. The following words shall have the followings meaning in these Terms & Conditions:
“Agreement” shall mean these Terms and Conditions;
“Force Majeure” shall mean an event that is beyond our reasonable control, including but not limited to an act of God, postal strike action, a natural disaster, acts and feats of terrorism etc;
“Products” refers to all products and or services offered Avocado Kids LTD, including but not limited to cooking kits, recipes, aprons, games etc;
“Subscription” refers to a paid for purchase on our website by you;
The terms ‘us’, ‘we’, ‘our’ refers to Avocado Kids whilst the use of the words ‘you’, and ‘your’ refers to a customer/member for the purposes of this Agreement.
3. This Agreement sets out all the terms applicable to your use of as well any purchases (of whatever kind) you make on this website.
MAKING A PURCHASE
1. To receive any of our Products you will need to provide us with all necessary details required by us to process your order. You warrant that to the best of your knowledge all information that you provide to us is accurate, truthful and complete for us to be able to provide you with the Products. You further warrant that you are at least sixteen (16) years old as this is the minimum age required by us to deliver to you any of our Products.
2. The images of the Products on our site are for illustrative purposes only and your products may vary slightly from those images.
3. It is your responsibility to ensure that any information and data we hold on you is up to date and accurate. We shall not be liable in the event of any lost shipments as a result of any inaccuracies in any information you have provided to us.
4. We reserve the right to refuse to deliver any Products to you for any reason we deem fit. No order is accepted from you until you receive an order confirmation email.
5. Discounted subscriptions are limited to one per customer. If you are not entitled to a discount, we reserve the right to charge you the full price for the item which you have ordered.
1. Unless stated otherwise on our website, to receive any of our Products you will need a valid Subscription. Current Products and their associated prices can be found on our subscription page. Prices and Products are subject to change without your prior knowledge and or consent.
2. Unless cancelled, Subscriptions shall automatically renew, in accordance with their payment frequency i.e. if you pay to receive our Products monthly your subscription will be automatically renewed monthly.
3. On each recipe card we provide a list of the ingredients included in the recipe. It is your responsibility to check for allergens.
4. Some ingredients included in the boxes may be prepared in the same environment as allergens (as stated on the nutritional label), so we are unable to guarantee that the recipes are completely free from any of the ingredients/substances listed above.
5. Except where otherwise stated, discounts and credits are available only once to any one person and cannot be used in conjunction with any other offers.
6. You will be charged the full price for boxes after any discounted offer. We will continue to bill you by your chosen payment method for the Product until you cancel your subscription.
7. Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.
SHIPMENTS AND DELIVERIES
1. We aim to deliver our boxes within 48 hours of ordering.
2. All Products shall be delivered using 2nd Class post, which may take between 2 and 5 working days from date of despatch, but due to reasons outside our control may take longer.
3. Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
4. Boxes are delivered by your local post office. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:
○ our stock availability;
○ your delivery addresses;
○ when you make your purchase; and
○ circumstances impacting delivery by the postal service.
5. Dispatch and delivery dates may vary according to availability. Any stated date of delivery is an estimate only; deliveries may be delayed by any reason including an act of Force Majeure for which we have no control over. All risk in any Products ordered by you is transferred to you upon dispatch; title to any product is passed to you upon delivery.
6. The late delivery of any Product does not entitle you to terminate the order. It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected day of delivery.
7. If your box does not fit through your letter box and you are out when it is delivered, your postal officer should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. We cannot be held responsible for refunding or replacing the box if this process has not been followed. If the process has been followed, a credit for half the price of the box is given as the box may still turn up. If the box is reported again as having not arrived, the remainder of the credit for that box will be given.
8. If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.
9. We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
10. In your capacity as a consumer (as defined in the Consumer Protection Distance Selling Regulations 2000) you can cancel your order within 7 working days after the date of delivery. In return we shall provide you a refund within 30 days.
1. You can make changes or cancel your Subscription at anytime by logging on to your account at www.avocadokids.com. However this must be done before the rebilling date which is the anniversary of the date on which you originally signed up (e.g. if you signed up for a monthly subscription on 6th February then your next rebelling date will be 6th March). Changes or cancellations to your membership will not be actioned until the next billing period if made after the rebelling date.
2. All details regarding your subscription including your renewal dates can be found by contacting us at firstname.lastname@example.org.
3. Returns and Refunds
4. You must inspect the Products when delivered to you and notify us immediately of any defects or damages to the Product(s).
5. Should you not receive any Product that you have purchased from us within 15 days then please contact us immediately. Any lost Products not reported within 15 days shall be deemed delivered.
YOUR PERSONAL DATA
2. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
3. We will keep your Personal Information on secure servers and we shall fully comply with the Data Protection Act 1998 and all other relevant pieces of legislation.
4. Personal Information for the purposes of this agreement shall mean things like your name, e-mail address, billing address, delivery address, telephone number, product selections and a password.
5. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain name suffix), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on etc.
6. Please note, this information maybe collected even if you do not purchase one of our Products.
1. All trademarks, logos, graphics, icons, trade names, domain names, photographs, animations, videos and texts (collectively known as Intellectual Property) featured on this website and in our provision of the Products to you is the Intellectual Property of Avocado Kids and or its affiliated brands and or partners and cannot reproduced, used or represented without the express permission of Avocado Kids or its partners, under threat of legal action.
2. You are prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever any of our Products and or services displayed on this website.
LIMITATION OF LIABILITY
1. This section (and any other clauses excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us.
2. Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything, which may not legally be excluded or limited.
3. Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to the total fees paid or payable by you to us in any one (1) month period before the event(s) complained of or the sum of £50, whichever is higher. In no circumstances shall (including our own negligence) we be liable for any:
○ economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
○ loss of goodwill or reputation;
○ special, indirect or consequential losses; or and
○ damage to or loss of data (even if we have been advised of the possibility of such losses).
1. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and or different information to that displayed on our website. You are strongly advised to read and follow any reasonable instruction contained in or on the packaging of any Product prior to use.
INDEMNITY AND WARRANTIES
1. For the avoidance of doubt this website and its entire contents are provided on an “as is” basis. No warranty is given that the information, Products and or services offered on this website are fit for a particular purpose.
2. You acknowledge and accept that we cannot be liable or responsible for any errors, omissions (in the content of this website or otherwise), failures, delays, or interruptions pertaining to any aspect of the Products or this website in general. All other warranties whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
3. We may at anytime without further recourse to you, cease any and all aspects of this website including the offering of any and all Product(s) and or service(s) currently displayed on this website.
4. You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement, your general use of the Product(s), any misuse of the Product(s), and/or to your use of this website.
THIRD PARTY WEBSITES
1. We or our third parties may provide links on our website to third party websites. You may use them at your own risk. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
1. This Agreement and the pages on this website to which these terms refer, constitute a contract that governs the relationship between Avocado Kids LTD and you. They supersede and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of both you and us. If any of the provisions of this Agreement are declared void in an application of law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain in full effect.
2. Any delay in exercising or a failure to exercise or enforce any rights available to us by virtue of this Agreement, does not constitute a waiver of that right or any other rights contained herein.
1. We may modify these Terms and Conditions at any time. You will be informed of the nature of these modifications as soon as they are posted on the website. The modifications shall take effect two weeks after their posting on the website.
2. If you make a purchase after any modifications have been placed online, these modifications shall be immediately applicable, as you will have expressly accepted them through your use of this website.
JURISDICTION AND APPLICABLE LAW
1. This Agreement shall be governed by and be interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall decide any disputes arising from this Agreement.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, our web provider has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.