Conditions of Use

1. Introduction
2. Reliance
3. Copyright
4. Warranty
5. Limitation of liability
6. Local laws and regulations
7. Privacy
8. Validity of provisions and remedies
9. Waiver
10. Links to our website
11. Governing law and jurisdiction

Terms & Conditions

1. Introduction
2. Revisions
3. Registration
4. Password and security
5. Payment
6. Purchases
7. Delivery of products / Returns Policy
8. Excluded services
9. Availability of website
10. Cancellation rights
11. Warranties and liabilities
12. Your statutory rights
13. Applicable law
14. Allergens
15. Promotional codes
16. Amendments
17. In addition…

Conditions of Use

1. Introduction

Thank you for accessing this website www.piktfresh.com. Please read these Conditions of Use before using this website. This website is operated by SunFresh Produce Limited, a company incorporated in England, whose registered office is at Bicker Bar, Boston, Lincolnshire, PE20 3AN, United Kingdom (registered with company number 7519421) and registered for VAT purposes with number GB608817915 (‘we’ or ‘us’).

We operate this website for the purposes of promoting and selling products and services supplied by us. By using this website, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify these Conditions of Use so please continue to review them whenever accessing or using this website. If at any time you do not wish to accept these Conditions then please do not use this website.

2. Reliance

Whilst we take steps to ensure the accuracy of the information accessed via this website, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third-party details and you acknowledge that any reliance on such information will be at your own risk.

3. Copyright

This website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together ‘Content’) are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us.

Anyone accessing this website is entitled to view any part of it.

However, the Content must not be used nor reproduced (in whole or in part) for any other purpose including on, or in connection with, another website or publication or for direct commercial gain. Furthermore, any links to this website must be notified to and approved by us before they are created or steps are taken to create the same.

4. Warranty

This website and its content are provided ‘as is’ excluding warranties of any kind, either expressed or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the website and make no warranty that the website will operate uninterrupted or error-free or that any defect will be corrected.

We do not warrant that the website is compatible with your computer equipment or that the website or its server are free of errors, viruses, worms or ‘Trojan horses’ and we shall not be liable for any damage you may suffer as a result of such features.

5. Limitation of liability

You acknowledge that your use of this website and its content is at your own risk. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort, negligence or otherwise.

Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

6. Local laws and regulations

This website is not directed at persons in a jurisdiction where for any reason the website’s publication or availability is prohibited, and any person for whom such a prohibition applies must not access the website. Those who access the website do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

7. Privacy statement

There are a number of pages on this website where you may input your personal information. Please see our Privacy Policy for further details.

Where you do consent to our holding and use of your personal information, it is intended that such consent will benefit any purchaser of our business.

8. Validity of provisions and remedies

If any provision of these conditions is, or becomes, invalid, or contravenes applicable regulations, then the remaining provisions will not be affected.

9. Waiver

No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of any subsequent right to exercise that or any other remedy.

10. Links to our website

Websites or pages to which this website is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

11. Governing law and jurisdiction

These conditions are governed by the laws of England.

Terms & Conditions

1. Introduction

These Terms & Conditions govern your relationship with SunFresh Produce Limited, a company incorporated in England (registered company number 7519421), whose registered office is at Bicker Bar, Boston, Lincolnshire, PE20 3AN, United Kingdom, (‘Pikt’ ‘we’, ‘our’ or ‘us’) and all orders that you may make for the food, drinks and other products advertised for sale by us (the ‘Products’) via the Pikt website, www.piktfresh.com(‘Website’).

Please read these Terms & Conditions carefully as they affect your rights and liabilities under law.

If you do not agree to these Terms & Conditions, please do not order from Pikt.

2. Revisions

We reserve the right to revise these Terms & Conditions from time to time as explained further in paragraph 14 below.

Please check periodically for changes. If you do not agree with any of the revised Terms & Conditions please do not order from Pikt.

These Terms & Conditions were last updated on 10.04.2019.

3. Registration

3.1. To order from Pikt, you must register with us. This is referred to as ‘set up an account’ throughout our Website and literature.

This is not a credit account – payment will be required upon delivery of goods.

This account can be set up by following the instructions on the website.

3.2. To register with Pikt you must be over 18 years of age or, if you are a business, you must be operated by a person over 18 years of age.

3.3. You must ensure that the details provided by you on registration or at any time thereafter are correct and complete.

3.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.

3.5. The personal and payment details you give to us are governed by a strict privacy policy – please see our Privacy Policy.

3.6. Following set up of your account, we will email confirmation to you.

For your records, please print or save this email. For your records, please also print or save these Terms & Conditions for your future reference.

4. Password and security

4.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you change your password immediately through the My Account section of the Website.

4.2. If Pikt has reason to believe that there is likely to be a breach of security or misuse of the Pikt Website, we may require you to change your password or we may suspend or cancel your account.

4.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in section 6 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.

5. Payment

5.1 You must ensure that Pikt are provided with details of a valid payment card. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the My Account section of the Website or by calling us via the contact details on the Website.

5.2 Redacted payment information is stored within our systems for administrative purposes. We do our utmost to ensure the security of these details. Your full payment card details are encrypted, stored and processed by a fully PCI compliant third party provider, and are inaccessible to any Pikt staff or any other third party. We use your payment information when you register with us to enable automatic payment for regular orders.

5.3 Your card will automatically be charged for the goods which you have ordered, on or after the day we deliver them to you. We will submit our request for payment to your bank within 72 hours of your delivery, and normally within 24 hours. We cannot, however, accept any liability for how long it takes the bank to process the payment.

5.4 We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including legal) that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms & Conditions.

5.5 If a payment has been rejected by your bank, we may suspend your ability to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.

6. Purchases

6.1. You must be over the age of 18 to purchase alcohol from Pikt. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged 18 or older is there to receive the order.

6.2. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

6.3            Each Product for which you click ‘Add to basket’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity and delivery date of your order when you choose to view your basket details by clicking or tapping the basket icon or clicking ‘go to checkout’. You can change these or cancel the purchase of each of the Products completely at this stage, at any time before clicking ‘Checkout’. After you have clicked ‘Checkout’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered.

6.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us, subject to paragraph 6.3, you cannot then withdraw or cancel your order except as stated below.

6.5. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click ‘Checkout’ in the shopping basket ‘order summary’ page.

6.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.

6.7. Subject to clauses 6.8 and 6.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘Checkout’ button.

6.8            All Products offered by us are subject to changes in supply levels and supply prices. The prices for Products may differ from the price for those Products when first ordered by you. The prices for all Products ordered shall be those prices for the Products stated on our Website.

6.9. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for any deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before any published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and may obtain some Products specially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you.

6.10. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

6.11. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.

6.12 All prices for Products are inclusive of any applicable VAT.

7. Delivery of products

7.1. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer and consideration of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.

7.1.1. We use DPD to deliver our boxes and Free Service we offer to mainland UK postcodes only, while we can deliver to more remote postcodes with the UK network these will be charged for at the DPD rate of £45. you will be able to use our POSTCODE lookup service while at the checkout which will show any additional charge before making any payment.

7.2. We endeavour to stick to the delivery day stated, but we reserve the right to change it and will inform you if we do so.

7.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control (eg. adverse weather, strike action, vehicle breakdown, traffic congestion or supplier failure) we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products we have failed to deliver to you.

7.4. We will not charge you for incorrect Products (Products that you have not ordered or substitutes for Products not acceptable to you) or Products which we have not delivered in accordance with these Terms & Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 11 below.

7.5. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects within 24 hours of arrival by DPD. You will need to email support@piktfresh.com with the Pick Sheet and photos of the defected produce. We will replace/refund/credit you for defective Products. Otherwise, our liability is limited as provided in paragraph 16.

7.6 You understand that you need to give your fruit and veg a good wash before eating.

7.7. Returns Policy – We cannot accept returns of Organic Fresh Produce, we cannot guarantee the integrity or if contamination has accrued during transit. All boxes which pass 48 hours within the DPD network will be disposed of due to DPD handling of fresh goods policy.

8. Excluded services

It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access our Website.

9. Availability of the Website

9.1. Although Pikt aims to offer you the best service possible, we make no promise that our Website services will meet your requirements, and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see Website for contact details) and we will correct the fault as soon as we can.

9.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply. Please notify us of changes to your order via email or telephone.

10. Cancellation rights

10.1. Pikt may suspend or cancel any accepted order or your registration immediately at our discretion or if you breach any of your obligations under these Terms & Conditions.

10.2. You can cancel your registration with us at any time online, or by emailing or calling us. If you do so, you must stop using Pikt’s services.

10.3. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

11. Warranties and liabilities

11.1. Whilst we try to ensure that material included on the Website or published elsewhere is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 12 below), Pikt may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

11.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 7.5. We will examine the Products and, if the Products are faulty or defective, we will replace the faulty or defective Products or refund the price of the faulty or defective Products.

11.3 The warranty in paragraph 11.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.

11.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you; any losses which are not caused by any breach by us; or business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).

11.5 Subject to the provisions of paragraph 11.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.

11.6 Nothing in these Terms & Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.

11.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as, but not limited to, fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

12. Your statutory rights

12.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied in your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for purpose).

12.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).

13. Applicable law

13.1. These Terms & Conditions shall be governed by and construed in accordance with the laws of England.

13.2. The English courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms & Conditions.

14. Allergens

Celery, celeriac, nuts and other allergens may be handled on Pikt premises and we can’t guarantee to avoid contamination.

15. Promotional codes

Terms applicable to all promotions. All promotions are valid for customers only as stated. Promotional codes can only be used once and cannot be used in conjunction with any other offer. Pikt reserves the right to change or end the promotion at any point without prior notice. Expiry dates apply to all promotions as stated. All gifts are non-transferable, cannot be refunded and are subject to availability. All promotions are only valid within our delivery area. Please see website to check delivery status.

16. Amendments

We may update these Terms & Conditions from time to time by posting the updated Terms & Conditions on our Website in place of these. The changes will apply to the use of the Pikt Website after we have given notice. If you do not wish to accept the new Terms & Conditions, you should not continue to order from Pikt or use the Pikt Website. If you continue to use the Pikt Website after the date on which changes come into effect, your use of the Pikt Website indicates your agreement to be bound by the new Terms & Conditions.

17. In addition…

17.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions.

17.2. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

17.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you, such that no third party may claim any rights under that contractual relationship, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.