WHO ARE WE, LEGALLY
We are Plantshake by FOGA Ltd, a company registered in the UK. We operate the website www.foganortherncomfortstaging.kinsta.cloud.
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Plantshake by FOGA Ltd, Inc. or our subsidiaries or other affiliates (collectively, “FOGA,” “foga,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated here by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the smoothie ingredients or other products made available through the Sites (collectively, the “Products”).
We may amend the Agreement from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using FOGA Products.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
By purchasing from FOGA you agree to provide accurate, current and complete account information. After placing and 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 you 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 that confirms that the Products has been dispatched (dispatch confirmation) The contract between us, will only be formed when we send you the Dispatch Confirmation.
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and
you are 18 years of age or older;
you are a legal resident of the United Kingdom;
you have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension;
do not have more than one FOGA account; and
have full power and authority to enter into these Terms in so doing will not violate any other agreement to which you are a party.
This policy sets the basis on which any personal data we collect from you or that you provide to us will be processed by us. You understand and acknowledge our practices regarding your personal data and how we will treat it. Under the Data Protection Act 1988 (the Act), the data we may collect from you:
information that you provide by filling in forms on our sites foganortherncomfortstaging.kinsta.cloud. This includes information provided at the time of subscribing to our service, posting material or requesting further services. We may also ask for your information when you report a problem with our sites.
If you contact us, we may keep a record of that correspondence;
We may also ask you to complete surveys that we use for research purpose, although you do not have to respond to them.
We offer subscription plans for our plantshakes and other products (“Subscription”).
By subscribing to foganortherncomfortstaging.kinsta.cloud you are expressly acknowledging and agree that FOGA (or our third party payment processor) is authorised to charge you on a regular basis in accordance with your subscription for an indefinite time until deactivated by you or us.
FREE TRIALS AND DISCOUNTS
From time to time, we may offer free trials or discounts for specified periods of time. Once free trial ends, we (or out this party payment processor) will begin billing your designated method on a recurring basis, for as long as your subscription continues unless you cancel prior to the end of your free trial.
Please note that you may not receive a notice from us that your free trial or discount period has ended or that the paid subscription has begun. We reserve the right to modify or terminate free trials or discount at any time without notice and in our sole discretion.
PRICE, PAYMENT & BILLING INFORMATION
The price of the product and our delivery charges will be quoted on our site from time to time. You acknowledge that the amount billed may vary due to promotional offers, changes to your Smoothie Subscription or changes in applicable taxes or other charges, and you authorise us (or our third party payment processor) to charge your payment method for the corresponding amount.
By providing a credit card or other payment method that we accept, you acknowledge and agree that you are authorised to use the designated payment method and that you authorise us (or our third party payment processor) to charge your payment method for the total amount of your subscription (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your FOGA account, you can do so at any time by logging into your account and editing your payment information.
All of our Products are subject to availability, and we reserve the right to impose quantity limits, to reject all or part on any Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific smoothie ingredients or entire smoothie recipes) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipping is handled by a third party courier. Actual delivery times may vary from estimated times displayed.
You are responsible for inspecting all Products you receive from FOGA for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the ingredients arrive in good condition. If you have any reason to believe that any Product in your delivery is not suitable for consumption, document the complaint by taking photographs and send them to email@example.com before discarding the item.
From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the Products following delivery.
Any individual at the delivery address, or at an alternate address provided by you, who accepts a delivery from us is presumed to be authorised to receive such delivery with all of the same terms and conditions that would apply had you accepted the delivery yourself.
You may cancel your subscription at any time by emailing us at firstname.lastname@example.org from the email address associated with your order or by logging in to https://fogashakes.com/my-account. We will email you three days before charging your card each period. You may pause or cancel your subscription at any time until 5pm the day before your renewal date.
In the event you cancel your Subscription, please note that we may still send you promotional communications about FOGA unless you opt out of receiving those communications by following the unsubscribe instructions provided.
Store credits can be issued by FOGA to any customer at its own discretion. Store credits will generally be issued as remuneration for referring friends under the Referral Program, during customer-wide discounting efforts, or for customer service purposes.
Store credits will be automatically applied to subsequent orders, with any remaining total being charged on the associated credit card on file.
FOGA reserves the right to remove store credits applied to any account at its own discretion.
Store credits not cash-refundable and can only be used on the FOGA website and for FOGA products.
Accounts that accumulate store credits stemming from dishonest distribution of referral codes across discounting websites will see their referral codes deactivated at the discretion of FOGA.
If you are dissatisfied with a product or ingredient for any reason, please contact us at email@example.com within seven (7) days of the date you received the product and we will either replace the smoothie or smoothie ingredient at our expense or, depending on the circumstances, we may provide you a full or partial credit or refund of the purchase price for that product or ingredient. We may require the return or photographic documentation of any smoothie ingredient with which you are dissatisfied before we provide you a credit or refund.
FOGA can only refund in cash what has been paid in cash. Cash refunds on orders partially (or wholly) paid by discounts or store credits will be issued on a pro-rata basis, or wholly via store credits where most appropriate.
EVENTS OUTSIDE OUR CONTROL
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that meal delivery.
Force Majeure Event include:
Strikes, lock-out or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, shipping, aircraft, motor transport or other means of public or private transport
impossibility of use of public or private telecommunications network; and
the acts, decrees, legislation, regulations or restrictions of any government.
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 obligation under the Contract may be performed despite the Force Majeure.
DISCLAIMERS & LIABILITY
If we fail to comply with these terms and conditions we shall only be liable to you for the purchase of the products.
Nothing in this agreement excludes or limits our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any breach of the obligations implied by section 12 of the sale of Good Act 1979;
Defective products under the Consumer Protection Act 1987; or
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
You are solely responsible for the proper and safe handling, preparation, storage, cooking, use and consumption of the products you receive from FOGA.
You are solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products, further you understand, acknowledge and agree that we store portion and package products containing allergens (including, but not restricted to peanuts and tree nuts) and cannot guarantee that cross contamination will not occur between products.
We will do our best to display the products and other materials and information on our website, including pricing and nutritional information as accurately as possible. However, we cannot guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance on these. In the event of an error or our website, within an order confirmation, processing or delivering an order we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund.
You understand and agree that the products and materials that you receive in your order may vary from the product and materials displayed on the website due to a number of factors such as (and without limitation), system capabilities and constraints or your computer, manufacturing process or supply issues, the availability and variability of products.
THIRD PARTY CONTENT
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that FOGA is not responsible or liable in any manner for such interactions or Third Party Content.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless FOGA, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged FOGA or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs, of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you.
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 purpose, 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 communication be in writing. This condition does not affect your statutory rights.
You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or and use our website to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any of these terms and conditions, or any provision of a contract, are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, by such term, condition or provision will to that extent be severed from the remaining will continue to be valid to the fullest extent permitted by law.
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.
AMENDMENTS TO THESE TERMS & CONDITIONS
We reserve the right to make any changes to our terms and conditions at any time we see fit and you acknowledge and agree that we shall have no liability or obligation to you in such event.