SEARCH FRESH WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

SEARCH FRESH IS A DIVISION OF PLATFORM81 LIMITED

This page (together with our Cookies Policy) sets out the terms and conditions (“Website Terms“) on which we, Platfrom81 Ltd/Search Fresh (“we“, “our” or “Platform81/Search Fresh“), provide access to our website https://searchfresh.co.uk/ and any Search Fresh mobile application through which you order products (together, “the Website“). Please read these Website Terms carefully before ordering any products through, the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference.

Use of your personal information submitted via the Website is governed by our Privacy Notice.

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

1. INTRODUCTION AND OUR ROLE

1.1. Company details: Platform81 is a company registered in England and Wales with registered company number 06436028, whose registered office is at 1 Gilmore Street, Stockport, Cheshire, SK38DN, England

1.2. VAT number: Our VAT number is 933912518.

1.3. Product Orders: We provide a way for you to communicate your orders (“Orders“) for products (“Products“) for delivery or collection throughout the UK (“Suppliers“) displayed on the Website. The legal contract for the supply and purchase of Products is between you and the supplier that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Vendor in all cases.

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms:
 By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:

  • 3.1.1. You are legally capable of entering into binding contracts with Suppliers; and
  • 3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the supplier directly to check that the food is suitable for you, before placing your order directly with them.

3.3. Alcohol, cigarettes and other smoking products:

  • 3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol in the UK, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;
  • 3.3.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen supplier, or if the supplier reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Supplier reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you have selected the Products you wish to order from the your chosen Supplier and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Supplier and errors cannot be corrected (subject to paragraph 4.2. below).

4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund.

4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Supplier.

4.4. Processing your Order and Supplier rejections: On receipt of your Order, we will send it to the relevant Supplier and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Supplier but does not necessarily mean that your Order will be fulfilled by the Supplier. We encourage all our Suppliers to accept all Orders and to communicate any rejection promptly. However, Supplier s have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Suppliers and are only estimates. Neither we nor the Suppliers guarantee that Orders will be delivered or will be available for collection within the estimated times.

5. PRICE AND PAYMENT

5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Supplier. These will be added to the total amount due where applicable.

5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website.

5.3. Card payments: When paying by credit or debit card, you may be required to show the card to the Supplier at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5.4. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Supplier (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Supplier will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6.WEBSITE ACCESS

6.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

6.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

6.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

7. LINKS TO AND FROM OTHER WEBSITES

7.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

7.2. Linking permission: You may link to the Website’s homepage (www.searchfresh.co.uk), provided that:

  • 7.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
  • 7.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
  • 7.2.3. any website from which you link must comply with the content standards set out in these Website Terms;
  • 7.2.4. we have the right to withdraw linking permission at any time and for any reason.

8. DISCLAIMERS

8.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

8.2. Allergy, dietary and other menu information:   If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Supplier directly before placing your order..

8.3. Supplier actions and omissions: 
 The legal contract for the supply and purchase of Products is between you and the Supplier that you place your Order with. We have no control over the actions or omissions of any Suppliers. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

  • 8.3.1. We do not give any undertaking that the Products ordered from any Supplier through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • 8.3.2. Estimated times for deliveries and collections are provided by the Suppliers and are only estimates. Neither we nor the Suppliers guarantee that Orders will be delivered or will be available for collection within the estimated times.

9. LIABILITY

9.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

9.2. Exclusion of liability: We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

  • 9.2.1. any loss of profits, sales, business, or revenue;
  • 9.2.2. loss or corruption of data, information or software;
  • 9.2.3. loss of business opportunity;
  • 9.2.4. loss of anticipated savings;
  • 9.2.5. loss of goodwill; or
  • 9.2.6. any indirect or consequential loss.

9.3. Limitation of liability: Our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.

9.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

10. TERMINATION

10.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

  • 10.1.1. you have used the Website in breach of these terms and conditions;
  • 10.1.2. you have breached paragraph 7.2 (Links to and from other websites); or
  • 10.1.3. you have breached any other material terms of these Website Terms.

11. EVENTS OUTSIDE OUR CONTROL

11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event“).

11.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 11.2.1. strikes, lock-outs or other industrial action;
  • 11.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 11.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 11.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 11.2.5. impossibility of the use of public or private telecommunications networks; and
  • 11.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

11.3. Our performance under these Website Terms is deemed to be suspended for the period that any 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 any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.11.3. Severability: If any of these Website Terms 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.

11.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

11.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.