Terms and Conditions

Introduction

The following Website Terms of Use govern the use of this website and the Terms and Conditions of Sale, together with any documents referred to therein, outline the legal responsibilities and obligations that shall exist between you and Bol Foods (the “Terms”).

By placing an order on this website, you are deemed to have read and agreed to these Terms and Conditions.

If you have any questions, please email hello@bolfoods.com

Part 1: Website Terms of Use

Using the Site

The Site is operated by POWDER BOWL TRADING LIMITED also referred hereafter as “we”, “us”, “our”, or “Bol. Foods”). We are a company registered in England and Wales under company number 08850523 and our registered office at 2 Eastbourne Terrace, Paddington, London, United Kingdom, W2 6LG

These terms of use (together with any documents referred to in them) explain how you may use this website, all associated web pages and any associated mobile applications or other software applications (together, the “Site”), whether as a guest or as a registered user. Use of our Site includes accessing, browsing and registering to use the Site.

By accessing or using the Site you agree to be bound by, and comply with, these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should stop using the Site immediately.

We may update these terms from time to time in accordance with clause 6.1 below.

Your use of the Site means that you must also comply with our privacy and cookie policy which is available at www.bolfoods.com

Restrictions

We permit you to use the Site in accordance with these Terms of Use set out here (and any documents referred to here). Use of the Site in any other way, including in contravention of any restriction on use set out in these Terms of Use, is not permitted.

The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

As a condition of your use of the Site, you agree: not to use the Site to carry out or promote any activity that is unlawful in any way under any applicable law; and not to use the site for any purpose that is prohibited by these terms of use.

In addition, your right to use the Site does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the Site, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the Site, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.

We may prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.

Account and password

In order to use certain features of the Site you may be required to create and manage an account on the Site (an “Account”). Accounts may be created on the Site by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Account Information”) to set up and manage your Account.

You agree that you are solely responsible for keeping your Account Information confidential. You must not disclose your Account Information to any third party. If you know or suspect that anyone other than you knows your Account Information you must promptly notify us by emailing customerservices@bolfoods.com.

We have the right to disable any Account at any time if in our reasonable opinion you have failed to comply with any of these provisions or if we have reason to believe the fir for purpose is not just.

Submission standards

Any information or content you submit to or through our Site must conform to standards of accuracy, decency, and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any such communication is lawfully submitted and does not breach our Terms of Use.

We will not be responsible, or liable to any third party, for the content or accuracy of any information submitted to or available on the Site that is posted by you or any other user of the Site.

We have the right to disclose your identity to any third party who is claiming that any information posted or uploaded by you to Site constitutes a violation of their rights, including their Intellectual Property Rights (as defined in clause 9.1below) or their right to privacy.Disclaimer, accuracy of information and availability of the Site

We may update the Site from time to time, and may change the content at any time. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose.

The Site is provided on an ‘as is’ basis and we make no representations, warranties or guarantees, whether express or implied, that the information on the Site is accurate, complete or up-to-date.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us.

Access to the Site is permitted by us in our sole and ultimate discretion. We may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

Hyperlinks and third-party sites

The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites other than the Site. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.

Your use of a third-party site may be governed by the terms and conditions of that third-party site. It is your responsibility to ensure you are happy with such third-party terms and conditions.

You may link to the Site from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

Ownership and use of your data

You are solely responsible for the accuracy and reliability of any data entered or uploaded to the Site by you while using our services (“your Data”).

You retain ownership of your Data and all rights therein. Nothing in these terms and conditions grants us, or transfers to us, any legal rights in your Data other than as necessary for us to process your Data in accordance with our terms and conditions, for example to provide you with access to the Site and any services made available through it. Subject to the clause below, we will only use your Data for these purposes.

We reserve the right to disclose your Data to law enforcement officials and/or HMRC in the investigation of fraud or other alleged unlawful activities.

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable. While we value your feedback, you agree not to submit any such information.

Ownership and use of intellectual property rights

References in these terms of use to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case:

- whether registered or not;

- including any applications to protect or register such rights;

- including all renewals and extensions of such rights or applications;

- whether vested, contingent or future; and

- wherever in the world they exist.

This Site and all Intellectual Property Rights in it are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these Terms of Use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

Nothing in the Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site, and any further or additional use is strictly prohibited unless you have our prior written permission.

If you copy, download or otherwise use any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

Subject to clause 11.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.

Subject to clause 11.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site, or with reliance on any content displayed on the Site. We will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

Data protection

You and we shall provide each other with reasonable assistance in complying with our obligations under applicable data protection law (including the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003) insofar as necessary to facilitate each of our compliance with these terms of use. Information about how we collect and process user data is set out in our privacy and cookie policy at www.bolfoods.com

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us under these terms of use please contact us as soon as possible by sending an email to helloustomersercvies@bolfoods.com

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you certain information required by law about the options available to you.

Applicable law

If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Part 2: Terms and Conditions of Sale

Summary of some of your key rights: As all our Products are fresh, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your subscription in line with the details set out below.

Introduction to Terms and Conditions of Sale

If you buy goods on our Site, you agree to be legally bound by these Terms.

When buying any goods, you also agree to be legally bound by our Terms of Use, the Terms of Conditions of Sale and any documents referred to in them (together, the “Terms”).

These Terms are only available in English. No other languages will apply to these Terms

These documents form part of this contract as though set out in full here.

Placing an Order

Below we set out how a legally binding contract between you and us is made.

When placing an order on the Site you undertake that any and all

information given is accurate and complete.

Please read and check your order carefully before submitting it. However, if you need to correct your order or delivery address, please contact us immediately. We will do our best to make amendments prior to dispatch, but we cannot guarantee changes can be made once an order is processed. All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description.

Once you have placed an order we will send you an email that confirms payment has been processed and that your order has been received, at which point a contract (that will be subject to these Terms) will come into existence between you and us (the “Confirmation Email”).

We may contact you to say that we do not accept your order. This is typically for the following reasons:

- the goods are unavailable;

- we cannot authorise your payment;

- you are not allowed to buy the goods from us;

- we are not allowed to sell the goods to you;

- you have ordered too many goods; or

- there has been a mistake on the pricing or description of the goods.

A separate email will be sent to you confirming the dispatch of the item(s).

If you place an order for an item that is on pre-order, your credit/debit card will be charged at this point for the full value of the goods.

The dispatch dates shown on pre-order items are as accurate as we can and are updated regularly; however, until those items are with our warehouse dates are subject to change.

Prices and availability of goods are subject to change without notice. The advertised delivery charge will be added to your order value unless otherwise stated.

Purchases and Payments

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Your credit card or debit card will only be charged once your order has been placed.

The price of goods:

- is in pounds sterling (£) (GBP);

- is inclusive of VAT at the applicable rate; and

- does not include the cost of delivering the goods.

Special Offers & Promotions

Unless otherwise stated, special offers cannot be used in conjunction with any other promotion nor are they valid for the purchase of sale items or gift vouchers.

Unless otherwise stated, promotional codes can only be redeemed once per user, and if applied to a subscription, will only apply to the first order.

If a promotion is valid only for orders over a certain amount, that amount does not include delivery or the cost of a gift box.

Promotional codes cannot be added into an order retrospectively. Nor can prices during sales periods be applied to previous purchases. Discounts are only applicable to in-stock items while supplies last and are subject to change.

FREE DELIVERY: Unless otherwise stated, all free delivery and free returns promotions are limited to UK addresses. Free delivery applies to UK standard delivery only.

Delivery

UK Delivery

All our orders are shipped via DPD.

For UK Mainland, if you order before 12 midday, the great news is you’ll receive your items the next day.

For all orders in the UK, you can have your deliveries from Tuesday to Friday.

We do not deliver on a Monday:

If start date is a Tues: Deliveries will be Tues

If start date is a Wed: Deliveries will be Wed

If start date is a Thurs: Deliveries will be Thurs

If start date is a Fri: Deliveries will be Fri

For subscriptions, the start date will be the date your box will be delivered - available Tuesday, Wednesday, Thursday and Friday. The earliest they can start their subscription and receive the box is the next day of purchase if ordered before 10am. If after 10am, it’ll be the day after.

Unfortunately, there are a few areas we currently do not ship to:

Aberdeen, Argyll, Arran, Dundee, Eire (Republic of Ireland), Guernsey, Isle of Man, Northern Highlands, Northern Ireland, Orkney Shetland, Jersey, Rest of World

Unfortunately, we currently do not ship any orders to the Rest of World apart from the UK.

Your delivery must be stored in the fridge as soon as it arrives. Our Power Shakes are all fresh so it’s important to keep them chilled at all times.

How much is delivery?

Delivery for one off purchase and subscription are £2.50 per box.

We know that life’s busy, so that’s why we have chosen a delivery courier partner that’s convenient for you. Our boxes are kept chilled until the afternoon the day before your delivery. thanks to our fully recyclable insulating packaging - ready for you to pop in the fridge when you get home.

On the day of delivery: our delivery partners DPD, will text you with a 1hr delivery window, so you’ll know exactly when your parcel is arriving. You can also update delivery instructions on the day: if you are not going to be in, by asking to leave with a neighbour or get your box delivered to a safe place, please bear in mind your products are chilled and need to be put in a fridge within 24 hours of dispatch. Also please note your parcels will be shipped on a next day service to your customers 'Door step' with options to 'Leave safe’ and 'Leave with neighbour' options only. If the parcels is damaged/ misrouted in the depot or delayed in transit for any reason the parcels will not be delivered next day and disposed of.

If you have any issues with your delivery, or product please email customerservices@bolfoods.com with your order/ref number.

Conformity of Goods

We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this Site are not intended to be binding and are intended only to give a general description of the products.

Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

- are of satisfactory quality;

- are fit for purpose;

- match the description, sample or model; and

- we must provide you with goods that comply with your legal rights.

The packaging of the goods may be different from that shown on the Site.

Any goods sold:

- at discount prices;

- as remnants; or

- as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

Refund Policy

Any opened bottles of Power shakes cannot be returned for a refund.

As all our Products are fresh, therefore you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your subscription in line with the details set out below.

If you are unhappy with your box for a legitimate reason such as: the box was missing ingredients, the box was damaged or the box did not arrive, we will offer an appropriate refund as long as it can be shown that the box you were charged for was not supplied as it should have been.

**Faulty goods **

If you are unhappy with your box for a legitimate reason such as: the box was missing ingredients, the box was damaged or the box did not arrive, we will offer an appropriate refund as long as it can be shown that the box you were charged for was not supplied as it should have been.

Cancelling orders

We work quickly to pick and pack your items. However, if you need to correct your order or delivery address, please contact us immediately. We will do our best to make amendments prior to dispatch, but we cannot guarantee changes can be made once an order is processed.

If you are unsure, please contact our customer service team at order-updates@bolfoods.com

If you have purchased a subscription, you can cancel your subscription by signing in to your account. Please note that any changes to an upcoming order needs to be made before 10am, 2 days before your delivery day.

Privacy Policy

This privacy policy sets out how BOL Foods uses and protects any information that you give BOL Foods when you use this website. BOL Foods is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

BOL Foods 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 26.11.2018, updated 27.07.2020

Disputes

We will try to resolve any disputes with you quickly and efficiently, if you are unhappy with:

- the goods;

- our service to you; or

- any other matter;

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

- let you know that we cannot settle the dispute with you; and give you certain information required by law about our alternative dispute resolution (ADR) provider.

If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

POWDER BOWL TRADING LIMITED

2 Eastbourne Terrace,

Paddington,

London,

United Kingdom,

W2 6LG

hello@bolfoods.com

Contact

BOL

© BOL foods 2020