Terms and Conditions of Service
The following Terms and Conditions of Service (hereinafter, the “TOS”) are the rules under which are governed all purchases and the deliveries (hereinafter, jointly, the “Services”) provided to the client (hereinafter “You” or the “Client”) by Vita London Ltd, a private company registered in England and Wales with company no. 10166895 and with registered office at 46 Nova Road, Croydon, England, CR0 2TL, trading under the name © ViTA (hereinafter “We” or “ViTA”) through the website http://eatvita.co.uk (hereinafter, the “Website”).
By submitting an order of purchase on our Website, you agree to the TOS reported below and you are aware the Services provided by us shall be exclusively subject to the regulations hereto described.
We reserve the right to modify or update, at any time, the TOS as set out in this document. Any order you may place through our Website shall be regulated by the TOS version currently online at the date of your order. Accordingly, you should check prior to request our Services to make sure you understand the exact terms and conditions applicable to your order. To assist you in determining whether the Terms and Conditions have changed since your most recent order, we will display at the end of this document the date since the current version of the TOS is in place.
Registration on the Website
- In order to be provided with the Services, you shall register on the Website by completing the appropriate registration form. You must be at least 18 years old in order to register and to request our Services; Upon the registration process, you will be requested to choose a username and a password that will be requested to login to your personal area at your next access to our Website;
- You are the sole responsible for maintaining the confidentiality of your username and password to the Website (hereinafter the “Login Details”) and you must notify immediately to ViTA any loss of exclusive control over this information
Placing an Order
- By browsing the SHOP section of our Website, you will be allowed to consult a full list of all the available products at the time of your visit. Any and all available products will be listed by category and will be represented through a picture/photography of the relevant product(s) and a brief description of the item(s) you will be able to purchase through the CHECK OUT section. Please note that any such image/photography is only shown for illustration purpose and that the actual relevant product may vary, due to product enhancement.
- All the products you can add to your basket are deemed to be available at the time of your order. Should at any time a product you have ordered be no longer available, we will get in touch with you and we will propose to replace the unavailable goods with a similar product. In case none of the replacement goods proposed will be accepted by you, then we will issue a ViTA Reimbursement Voucher in your name for the face value of the goods purchased and not any longer available. Such voucher shall be subject to the regulations reported at below clauses 11.1 and 11.2.
- Transactions involving alcohol may only be made during normal licensing hours. We will not be selling any alcoholic drink to anyone who is not 18 years old or over.
By placing an order you confirm that you are at least 18 years old.
If you are buying a case of wine or spirit or liqueur or beer as a gift the recipient must also be over 18 years old.
If our drivers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the alcoholic drink is unable to produce appropriate ID, we regret our driver will be unable to leave the alcoholic drink.
Once the alcoholic drink has been delivered, according to your original delivery instructions, it becomes the recipient’s responsibility.
- Once you have placed your order and successfully paid for it, you will receive a confirmation email to the email address you have provided upon registration. Such email shall represent the confirmation of your order and we shall provide our Services pursuant to the provisions of these TOS.
Price of the Goods
- The final price of each product you purchase is the one indicated under the relevant Item on the Website, so as it is at the time your order is placed. Should you need to amend your order, the prices actually applied shall be those applicable to the amended item(s)at the time that the amended order is confirmed.
- All our prices are inclusive of any Value Added or other tax applicable at the time of your purchase. The price of the delivery service, where not provided for free, shall be clearly indicated apart in the CHECK OUT section and will not appear or add to any price reported in the SHOP section.
- Most of our items and products are sold by weight and not by unity. In this case, we undertake to deliver to you the exact weight of goods you have requested in your order. However, we shall not be liable for any discrepancy in the actual weighing of the goods delivered, unless the final figure of such discrepancy is higher than 25% of the original weight of the good purchased. In this case, we shall issue a ViTA Reimbursement Voucher in your name, subject to following clauses 11.1 and 11.2, for the nominal amount of the difference between the price you have paid and the price you should have paid for the actual weight of the product delivered. Please note that any complaint regarding the weight of the goods delivered must be issued within 12 hours from the delivery and must be unequivocally documented. Any complaint received beyond the timeframe above or not documented will not be taken into consideration.
Delivery Policy and delivery charges
- We generally deliver from 8.00am to 5.00pm (the “Delivery Slot”) Monday to Saturday, except Bank Holidays. Upon your order confirmed, you will be given the possibility to choose some dates for the delivery, which will be shown available in relation to the postcode of the address you have requested us to deliver your goods at. Please note that we do not guarantee that a certain date may be available for delivering in your zone and, if so, we will contact you to arrange the delivery at our earliest convenience.
- We also reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
- Our standard delivery costs amount to £9.90 (taxes included) and the area we deliver is within Greater London. However, we will provide the delivery service for free if:
- The total nominal price of goods you have ordered is at least equal to £20.00 (taxes included) and the address you have indicated for your delivery is in the area of London – Zones 1,2 or 3;
- The total nominal price of goods you have ordered is at least equal to £49.00 (taxes included)
- Once your delivery date has been confirmed by us, we will put our best effort to deliver your order within a certain timeframe that will be indicated to you by email or by phone. However, we still reserve the right to deliver at any time during the Delivery Slot and, therefore, you confirm it is your sole responsibility to ensure that someone you trust is available at the delivery address at all times during the Delivery Slot. Also, you will be given the opportunity to inform us of your delivery preferences (i.e.: “leave it to the neighbour”, “call me on arrival” etc) on the dedicated part of the Delivery Request Form on the Website. If nobody is at the address when the delivery is attempted, the goods will be simply left in front of your door and a photo will be taken and sent to you, as proof of successful delivery.
- Finally, please be aware that adverse weather conditions or other events outside of our reasonable control or by force majeure may result in the occasional late or cancelled In this the case, we will endeavour to contact you as soon as we are able to, so to arrange a new your delivery time and date. In any event, you confirm our maximum liability to you will be limited to the price of goods not delivered and the cost of delivery.
Accepted Method of Payment
- All the orders must be paid in advance through our CHECK OUT section in order to be considered successfully placed and accepted by us. Payments may be made by debit, credit card and PayPal (please note that we do not accept American Express). We also accept our Vouchers, whether those are issued as reimbursement or as gift cards;
- Should a payment from you happen to be later rejected or not credited to us, you agree to indemnify us in full against all costs, legal expenses and outgoings we may incur in obtaining payments from you for such failed payment. This may include an administration charge of not less than £30. We may also, at any time after a failed payment has occurred, ask a debt collection agency to collect payment from you on our behalf.
- We guarantee the quality of our goods. It is your right to inspect the goods and notify us, within 12 hours from the delivery, of any defected good. All the complaints about defective goods must be unequivocally documented. Any complaint received beyond the timeframe above or not documented will not be taken into consideration.
- Should a good result to be reasonably defective, pursuant to the provision of above clause 6.1, we will promptly and fully refund you the cost of such good by issuing a voucher in your name for the amount owed to you.
- Subject to clause 8.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
- For any complaint, please use our “Contact Us” form or call the contact number provided on our Website.
Amendment or Cancellation of Placed Orders
- It is your right to amend or change the goods in your order and/or withdraw it before the 3.00 pm of the working day before the delivery date we have confirmed to you. There is no charge for doing this. However, if you cancel you order beyond the above-indicated deadline, we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and for the cost of delivery, if any.
- In respect of non-perishable items, you have also the right to cancel the contract up to 14 working days following the delivery of the goods (the “Right of Withdrawal”) by notifying us by telephone or e-mail;
- In the case above, we will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given (provided the relevant payment has already been debited to your payment card).
Warranty and Liability
- Nothing in these TOS shall restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights.
- In addition to above clause 4.5 we will not be deemed to be in breach of contract or of these TOS as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
- Other than as set out in clause 8.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
Privacy and Personal Data Processing
Promotions and temporary offers
- From time to time, some of our goods may be subject to promotions or special offers (the “Offers”) at our sole discretion. Al the Offers that apply to your purchase shall be still subject to these TOS. If there is any conflict between the terms of the Offers and TOS, the latter shall prevail unless specifically excluded.
- We may change the terms of the Offers, or withdraw them altogether, at any time and without prior notice. Also, we reserve the right to offer at our complete discretion different customers different Offers.
- The only vouchers we accept as a form of payment are those issued by us as “ViTA Gift Cards” or as “ViTA Reimbursement Vouchers” (altogether the “Vouchers”).
- The Vouchers have a validity of 12 months of the date of issuance, unless otherwise specified, and shall be used as a credit in your favour, for their face value of issuance, only for your purchases on our Website. Vouchers are personal, non-transferrable and cannot be sold to any third party. Vouchers cannot be applied retroactively to orders already made on our Website and cannot be backdated or redeemed for cash. However, any Voucher purchased as a gift card shall be subject to the Right of Withdrawal and therefore regulated by the provisions of above clauses 7.2 and 7.3.
- If any undertaking or other provision in this TOS shall be held to be illegal or unenforceable in whole or in part under any enactment of rule of law, such undertaking or other provision or part thereof shall, to that extent, be deemed not to form part of this TOS but the enforceability of the remainder of the undertakings and other provisions of this TOS shall not be affected;
- These TOS shall be governed by, and construed in accordance with, the law of England and Wales.
- You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these TOS, and, for those purposes, irrevocably submit all disputes to the jurisdiction of the London courts.
TOS Version valid since 01/07/2018