Terms and Conditions
When you access our website, you agree to our Terms and Conditions, so please take a few moments to read these provisions. By using our website, you are entering into a legally binding agreement. Please read this document carefully before you start to use our website. You may wish to print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions (together with any other documents referred to within) set out the provisions on which you may make use of the foodeezz.com website (the “site”) and define the legally binding terms on which you access, browse, register or otherwise use the site and receive the services, (the “services”). These provisions apply to all users of the site, including without limitation unauthenticated users, registered (authenticated) users (“consumers”), registered sellers (“producers”), and contributors of any content, material, information or services on the site.
By using our site in any manner, you confirm that you accept these Terms and Conditions and that you agree to comply with and be bound by them. You understand that breach of any of these provisions may result in your rights to use the services on the site is restricted, suspended or withdrawn. If you do not agree to these Terms and Conditions, you will not have access to the site or use of the services.
We may update these Terms and Conditions (and the documents referred to in them) and any aspect of the service from time to time and will notify such changes to you by uploading details of them on the site. You should review the Terms and Conditions periodically for changes.
These Terms and Conditions also refer to the following additional terms, which also apply to your use of our site, as well as any other operating rules, policies or procedures that may be published from time to time on the site, each of which is incorporated into these Terms and Conditions by reference and each of which may be updated by us from time to time:
– For producers only, the Terms and Conditions for Producers, which accompany these Terms and Conditions and take precedence over them in the event of any conflict.
2. About us
The services are operated by HigginsandFlynn Limited trading as foodeezz (“we”, “our”). We are registered in Ireland under company number: 671546 (trading as foodeezz, business name number: 663102) and with our registered office address at 19 Priory Avenue, Stillorgan, Co. Dublin. Our email address for any queries is [email protected]
3. About the site
The site is an online marketplace allowing users who comply with our Terms and Conditions to join an online community in order to trade in food and drink products (the “products”). Once registered, users can create personal profiles and use other services on the site.
The purpose of an online marketplace is to establish a direct link between producers, who wish to sell their products through an alternative outlet to consumers. We operate the platform and implement the tools and technical means to enable this relationship, but any contract for sale is made directly between the consumer and the producer. We do not have possession of any products offered for sale and are not directly involved in the transactions between consumers and producers. foodeezz is not part of the contract of sale between consumers and producers, nor any other contract concluded between users of the site. foodeezz accepts no liability for any issues which may arise during the conclusion of these contracts.
We do not review producers’ offers or content on the site. We have no control over and do not guarantee the existence, quality, safety or legality of products advertised; the truth or accuracy of producer’s offers, the ability of producers to provide the products; the ability of consumers to pay for products; or the fulfillment of transactions or the proper implementation of the contracts entered into between consumers and producers. We do not provide a guarantee to producers regarding the volume of consumers and shall not be liable to consumers for any guarantee regarding the number and the diversity of producers.
We do not provide any undertaking regarding:
– the compliance of orders with applicable laws and regulations;
– the compliance of products with applicable laws and regulations, including their preparation and/or labeling;
– the conformity of delivered products with the terms of the contract and the existence of possible hidden defects;
– the risks linked to transporting, storing, conserving and delivering the products; or
– the compliance with hygiene and maintenance rules in regard to the distribution site.
We cannot give any undertaking, that products and/or services you purchase from producers through the site will be of satisfactory quality, and this and any other such warranties (whether expressed or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a producer. Where you order goods and/or services through the site we may disclose your consumer information related to that transaction to the relevant producer.
4. Accessing our service
Our site is made available free of charge to all users, save that foodeezz are paid through commission paid for by the producers.
We do not guarantee that our site, any content or any of the services, will always be available or be uninterrupted, or fault-free. Access to the services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the site without notice. We will not be liable if for any reason any of the services are unavailable at any time or for any period. We do not guarantee that our site, or any content on it will be free from errors or omissions.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
5. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the service.
You must not extract or otherwise use any of the content on the site and/or service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our producers to do the same. If you are aware that any of your intellectual property rights have been infringed on the site, please contact us.
6. Description of foodeezz service
When you decide to purchase goods and/ or services on the site the resulting legal contract is between you and that producer and such contract shall compromise of these Terms and Conditions, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Terms and Conditions, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms and Conditions and the email confirmation of your order or the applicable details on the product page, these Terms and Conditions shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from producers through the site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the producer. Where you order goods and/or services through the site we may disclose your consumer information related to that transaction to the relevant producer.
We do not review or control, and are not responsible in any way for, listings provided by producers and at no time do we possess any items offered for sale by producers through the site.
7. Disclaimer of warranties and limitation of liability
1. To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the service.
2. The site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
3. Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
8. How contracts are formed between you and producers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Terms and Conditions and the applicable details on the product page.
No order shall be deemed to be accepted by the producer until we (acting as the commercial agent of the producer) issue an email acknowledgment of the order. The contract between you and a producer will relate only to those goods and/or services notified in the email acknowledgment of order.
9. Payment methods
Purchases for goods and/or services you make with producers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from producers, we act in the capacity as commercial agent of the producer.
The producer acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the producer will satisfy your obligation to pay the producer for the relevant item(s) and consequently, any debt obligations owed by you to the producer for the purchase of such items shall be extinguished at that time. The producer further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination and timeline you have choose to have the item delivered.
All prices quoted include any applicable VAT.
10. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
11. Delivery arrangements
Your shopping basket on the site displays the goods you have chosen, the producer who shall provide them and details of postage and packing. The delivery costs for each producer vary according to the delivery methods they offer. Any delivery times quoted are in working days. See our Delivery policy for more information.
If you wish to discuss or organise a return, exchange or refund of any item please contact the producer directly using the contact producer facility on the site in accordance with our Returns and Refunds Policy. Any returns or refunds shall be made by the producer in accordance with the Returns and Refunds Policy.
You may link to our home page on the site or any other page within the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. foodeezz expressly reserves the right to revoke the right granted in this clause for breach of these Terms and Conditions and to take any action it deems appropriate.
Our site must not be framed on any other website and we reserve the right to withdraw linking permission at any time, and without notice.
The site provides links to other websites for your information. If you use these links, you leave the site. We have not reviewed these third-party websites and we have no control over such sites or resources. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
We reserve the right to insert on any page of the site or in any communication with users any form of advertising or commercial message. You understand that we may transmit any advertising content or promotional content on the site and in its communication with you or other users.
15. Uploading material to the site
Whenever you make use of a feature that allows the upload of the content of any nature (including written, visual, audio, video or other content, including any offer of products made by producers) (“content”) to our site, you must comply with the rules set out in these Terms and Conditions.
You are solely responsible for all content you choose to upload to the site, which means that if you provide content in breach of these terms, you may be required to compensate anyone who suffers as a result. Accordingly, you must ensure to respect the usual rules of moderation, politeness, and cordiality with regard to any interaction with other users or exchange of content on the site.
You must not use the site to knowingly harass, threaten, intimidate, blackmail or otherwise abuse another user and if someone asks you not to contact them again, you must not contact them via the site again.
You must not use any messaging services to send unsolicited advertising or promotions, requests for donations or “spam”, or pass on email addresses or any other information on to third parties.
You undertake to us that you possess all the rights and authorizations necessary for the publication of any content uploaded onto the site and that the content does not infringe any third-party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any content immediately and/or provide your identity to any third party who is claiming that any such content constitutes a violation of their intellectual property rights or rights to privacy.
You grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such license to use the content you add to our site, throughout the world in any media, including, for example, for our campaigning purposes or marketing materials. We will not use your content for marketing or publicity purposes without first contacting you for your permission.
You agree only to publish content that is lawful, does not harm public order, decency or the rights of a third party, does not violate any law or regulation and more generally, which is not likely to expose us to civil or criminal liability.
We act only as a hosting service provider and have no knowledge or control of the content published by users in the context of the services. Views expressed by individuals on our site do not represent the views of foodeezz. We do not moderate, select, verify or control in any way the content and we accept no liability for the content posted by third parties. All complaints must be directed in the first instance to the author of the content in question or the Market Host. You may, however, notify us of any content related complaints at [email protected]
Uploaded material must not (this list is not exhaustive): (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trademark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the site.
16. Reviews and ratings
You may leave reviews (“reviews”) for a producer’s products. You may also rate the product, price and shipping using a 1-5 star rating system (“rating”). You must complete any reviews honestly based on your experience with the producer’s products.
As a producer, you acknowledge and accept that your product’s rating and review will be publicly available for viewing on the site.
We are not responsible for checking or editing the reviews or ratings on the site but will from time to time undertake checks of the content that has been posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.
We will investigate any review which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that review.
You agree to indemnify and hold us, our affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third party, arising out of or in connection with any reviews or ratings left by you on the site.
17. No reliance
The content on the site is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.
We have no obligation to verify the content of such information or to edit any such information provided by third parties.
18. Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site or any part of the service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our 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 offense under the Criminal Justice (Theft and Fraud Offences) Act, 2001. 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 our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you are accessing the site in the course of a business, you will indemnify and hold harmless foodeezz against any charges, complaints, actions and/or claims for which foodeezz could be held liable following any violation by you of any one of your obligations under these Terms and Conditions, and/or the Terms and Conditions for Producers to the extent they apply and you undertake to compensate us for any liabilities to which it could be subject and to pay for all the fees, charges and/or sentences to which we could be subject as a result.
22. Entire agreement
These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between us and supersede and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions and any documents expressly referred to in them.
23. Force majeure
Where we or a producer are prevented from or delayed in carrying out obligations under these Terms and Conditions due to circumstances beyond our or the producer’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the producer’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the producer’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
24. Rights of third parties
No provision of these Terms and Conditions shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either foodeezz or the producer). Nothing in this clause excludes the rights of foodeezz when acting as a commercial agent of any producer.
25. Sanctions of breaches
In the event of any breach of these Terms and Conditions (and/or of the Terms and Conditions for Producers to the extent they apply) or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation:
– suspending or terminating access to all or part of the services of the user who committed the breach or offense and any user who participated in any such breach;
– removing any content published on the site;
– publishing on the site any notice that foodeezz deems useful;
– alerting all relevant authorities; and/or
– taking legal action.
Any suspension or termination shall take full effect on the date we send the communication to the user and the user’s account will be automatically canceled without further notice, without prejudice of any other rights we may have.
26. Law and jurisdiction
Contracts for the purchase of goods or services through our site shall be governed by Irish law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Ireland.
27. Promotional codes
By using a promotional code you will be deemed to have read and understood these Terms and Conditions and agree to be bound by them.
– The Terms and Conditions on the site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the Terms and Conditions of the site and these promotional code Terms and Conditions, the promotional code Terms and Conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the site Terms and Conditions shall also apply to these promotional code Terms and Conditions.
– foodeezz promotional codes can only be used on foodeezz.com and towards the purchase of items currently featured on our site, excluding delivery charges.
– Promotional codes cannot be used in conjunction with any other offer on foodeezz, including (but not limited to) any other foodeezz promotional code, in the same transaction, or for the purchase of gift vouchers.
– The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes should be entered on the payment page during checkout for the discount to apply.
– Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. They may also have other conditions for use such as a minimum order value. Specific Terms and Conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code Terms and Conditions page via the Site (e.g., via an on-site banner).
– foodeezz reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. We may update these terms from time to time and reserves the right to add additional Terms and Conditions for specific promotional codes as and where necessary. You should review the promotional code Terms and Conditions periodically for changes.
– Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
– Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
General comments about the site are always welcome, please contact us. If you have any complaints about a particular order, please contact the producer directly. To report any other issue, including report an issue with a producer that could not be resolved with them directly please contact us.