General terms and conditions of sale

The following general terms and conditions of sale apply to all offers, sales and purchases of products, which are sold through the www.alimento.co.uk website and apply to any distance contract entered into by Alimento as the Operator and you as the Consumer.

By using this website you are bound by these general terms and conditions. If you do not agree to these general terms and conditions, do not use this website or submit any orders in connection with this website.

Article 1.    Identity of the Operator

Alimento, a business unit of

Nomad Foods Europe Limited
Registered office:

No. 1 New Square

Bedfont Lakes Business Park

Feltham, Middlesex, TW14 8HA

 

VAT number: GB896102608
Registered in England & Wales. Company number: 05879466

 

Tel: +44 (0) 800 083 4446

E-mail address: CONTACT US

If you are not satisfied with any of the products delivered or any part of the delivery service, please contact us on the telephone number or email above.

Article 2.    Definitions

In these general terms and conditions the following expressions shall have the following meanings:

1. “Operator” means Nomad Foods Europe Limited (the legal person which provides distance marketing and sales of consumer products and/or services);
2. “Consumer” means the natural person not acting in the exercise of his/her profession or business who enters into a Contract with the Operator;
3. “Means of Distance Communication” means a medium which can be used to enter into a Contract, without physical proximity of the contracting parties in the same room, such as (but not limited to) by telephone and online;
4. “Contract” means a contract in which, up to the conclusion of the contract, exclusive use is made of one or more Means of Distance Communication in the system organised by the vendor or service provider (Operator) for distance sale of products and/or services;
5. “Right of Withdrawal” means the option for the Consumer to withdraw from the concluded Contract within the cooling-off period as set forth in Article 6 below;
6. “Day” means calendar day;
7. “Data Storage Medium” any means that allow the Consumer or Operator to store all information which is directed to him/her personally, in such a way that allows for future consultation and unaltered reproduction of that information.

Article 3.    Applicability

  1. These general terms and conditions apply to any Contract entered into by the Operator and the Consumer and to all offers, sales and purchases of products which are sold, through the www.alimento.co.uk website. We only sell to Consumers. Consumers must be 18 years old or over and must reside in the mainland United Kingdom. Please note that at present we cannot accept orders from the Scottish Highlands and Islands, Isle of Wight, Isle of Man, Jersey, Guernsey or Northern Ireland.

    2. Before concluding a Contract, the Operator makes the text of these general terms and conditions available to the Consumer. The text of these general terms and conditions will be supplied to the Consumer electronically, in such a way that the Consumer can easily store it on a sustainable Data Storage Medium. If this is not possible before concluding the Contract, it will be specified where the general terms and conditions can be viewed electronically and that they will be delivered upon request from the Consumer, either via electronic means or otherwise.

Article 4.    The offer

  1. The Operator shall explicitly state whether an offer is of limited duration, or whether certain other conditions apply.

    2. The offer contains a complete, accurate and detailed description of the products provided, to enable the Consumer to judge the product adequately. However, product images are for illustrative purposes only and the products that the Consumer receives may vary slightly from those images. Obvious mistakes or errors in the offer which are or should be immediately clear to the Consumer as mistakes or errors do not bind the Operator towards the Consumer.

    3. In each offer, the Operator will clearly indicate what the rights and duties of the Consumer are when the offer is accepted. Important therein are:

    a)    the price, including taxes;
    b)    if applicable, the delivery costs;
    c)    delivery, payment or execution procedure of the Contract;
    d)    the Right of Withdrawal;
    e)    the acceptance period of the offer, or the period for which the price will be honoured.
  1. The purchase of the products is always subject to availability. The Operator will inform the Consumer as soon as possible if any product ordered is not available. If the Consumer has already paid for the product, he/she will be refunded if the order cannot be fulfilled. The Operator reserves the right to impose ordering restrictions on the number of products that can be ordered and the intervals at which products can be ordered.
  2.  PROMOTIONS

    2.1 £10 Taster Packs including Ensure Drinks Taster Pack, Birds Eye Meals Taster Pack & Birds Eye and Ensure Taster Pack. Only one per order. Only one Taster Pack per customer. Only One Taster Pack per household. First time customers only. If more than one Taster Pack is purchased or a returning customer purchases a Taster Pack we may refund or cancel your order. If we do refund or cancel your order you will be notified. 

    2.2 Ensure Drinks Taster Pack, Birds Eye Meals Taster Pack, Birds Eye and Ensure Taster Pack and Viscgo Assessment Set are excluded from all offers and/or promotional codes.

  3. *12 for the price of 10 promotion. Offer valid until 26/11/2020. Each offer is limited to one transaction per customer, per address. Promotion may be used at www.alimento.co.uk and there is no cash alternative. Cheapest two items for free, Excludes all bundles, Taster Packs and Viscgo products

Article 5.    The Contract

  1. Following receipt of an order by the Consumer, the Operator will send the Consumer an order confirmation. Subject to the cancellation rights in Article 8, the Contract between the Operator and the Consumer becomes valid once the products are dispatched to the Consumer by the Operator.

  2. The Consumer accepts the offer via electronic means and the Operator shall immediately confirm the receipt of the acceptance of the offer by electronic means. Up to the moment the receipt of said acceptance has not been confirmed by the Operator, the Consumer may repudiate the Contract.

    3. The Operator must take appropriate technical and organisational security measures for the electronic data transfer. The Operator shall take appropriate security measures into account if the Consumer is given the option to pay electronically. In this context, the Operator shall ensure a secure web environment.

    4. The Operator shall send the following information along with the product or service, in writing or in such a way that it can be stored on a sustainable Data Storage Medium by the Consumer in an accessible manner:
    a)    the visiting address of the business establishment of the Operator (including the contact details for Consumer support);
    b)    the conditions for termination of the Contract if the Contract has a duration of more than 1 (in words: one) year or is indefinite;
    c)    the information as stated in Article 4, paragraph 3, unless the Operator already provided this information to the Consumer before the execution of the Contract;
    d)    the information with respect to after-sales services regarding the products;
    e)    the conditions under which, and the manner in which the Consumer may avail of the Right of Withdrawal, or a clear notification with regards the exclusion from the Right of Withdrawal.
    5. If the Operator has undertaken to deliver a series of products, the provisions of paragraph 4 of this Article apply to the first delivery to the Consumer only.

    6. The Operator may (within the limits of the applicable laws) gather information about the ability of the Consumer to fulfil his commitments under the envisaged Contract, as well as all other facts and factors relevant for the performance of the Consumer’s obligation under the envisaged Contract. If the Operator, acting on the basis of the results of such investigation, has sound reasons not to enter into the Contract, the Operator is lawfully entitled to refuse an order or request, or to include special terms for its execution.

Article 6.    Right of Withdrawal

  1. When purchasing products, the Consumer has the right to cancel the Contract without specifying any reasons, for a period of 14 (in words: fourteen) Days, starting the Day of receipt of the product. To exercise this Right of Withdrawal, the Consumer shall contact the Consumer Careline before sending back any products.

    2. In the event the Consumer wishes to cancel the Contract, he or she may only unpack or use the product to the extent necessary to judge whether or not he or she wishes to keep the product. During this period, the Consumer shall treat the product and packaging material carefully. The Consumer shall return the product, as far as possible, in the original condition and packaging, in accordance with the reasonable and clear instructions indicated by the Operator.

Article 7.    Costs in the event of withdrawal

  1. In the event the Consumer cancels the Contract in accordance with Article 6, the maximum he or she shall be charged is the amount equal to the returning costs. The Operator will arrange with the Consumer how the products shall be returned to the Operator.

    2. In the event the Consumer has made a payment, the Operator shall return this amount by crediting the Consumer’s payment card with the price paid no later than 30 (in words: thirty) Days after the return of the products.

Article 8.    Cancellation of deliveries by the Operator

  1. The Operator reserves the right to cancel a delivery to the Consumer at any time if the Operator suspects fraud, has reason to believe that the Consumer is in breach of these general terms and conditions or any other terms and conditions relating to an order, or if there is an outstanding payment for any account registered at the Consumer’s address.

 

  1. In addition to the right to cancel an order in accordance with this Article 8, paragraph 1, the Operator reserves the right to suspend the account of the Consumer. In that situation, the account will remain suspended until the Consumer contacts the Operator and remedies any breaches or provides any information reasonably requested by the Operator to enable the reactivation of the Consumer’s account.

 

  1. In the rare event that unforeseen operational or technical issues occur, the Operator may need to cancel or rearrange delivery. Adverse weather conditions or other events outside the reasonable control of the Operator may also result in the occasional late or cancelled delivery. If this happens, the Operator will endeavour to contact the Consumer to arrange an alternative delivery date. Subject to Article 14, paragraph 1 below, the Operator’s liability to the Consumer will be limited to the price of the products not delivered.

Article 9.    Price of the products

  1. All prices of the offered products or services shall include VAT. If any other costs apply, they are to be indicated clearly with the offer.

    2. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.

Article 10.    The products

  1. The instructions for the preparation, storage (in particular in respect of frozen meals) and disposal of the products as directed on the product packaging must be followed at all times. The products are stored in appropriate conditions and temperature prior to and during delivery. Risk of loss and damage of the products passes to the Consumer when the products are delivered to the Consumer’s address or are left with a person or place nominated by the Consumer.
  2. Although reasonable care is taken to ensure that recipe and nutritional information appearing on the website are correct at the time when information was published, the information may not reflect the exact position at the time the Consumer places an order. For that reasons, Consumers must always check the product packaging for nutritional information, allergen warnings and up-to-date information before consumption. All products have an expiry date printed on the packaging and must be consumed before the expiry date shown.
  3. The meals and drinks offered on this website are intended for people who can safely consume normal foods and drinks. Any information and any services offered on this website do not constitute medical advice and do not substitute advice given by medical practitioners, pharmacists or other licensed healthcare professionals. Consumers should contact a healthcare professional if they suspect to have a medical problem.
  4. The Operator warrants that the products comply with the specifications listed on the label, the reasonable requirements of usability and/or reliability, and the existing provisions of the applicable laws and/or government regulations on the date the Contract was entered into. This is in addition to the Consumer’s statutory rights.

Article 11.    Delivery and execution

  1. When receiving and when executing product orders, the Operator shall execute these tasks with due diligence.

    2. Once an order is ready to be shipped, the Consumer will receive a dispatch email from the Operator. All delivery times specified in the dispatch confirmation or other notifications are estimates only and are not guaranteed.

    3. If delivery of an ordered product turns out to be permanently impossible, the Operator shall make a reasonable effort to offer an equivalent replacement product. At the latest at the delivery of the replacement product, the Operator shall report in a clear and comprehensible manner to the Consumer that a replacement product will be or has been delivered. With replacement products, the Right of Withdrawal in Article 6 also applies.

    4. Unless explicitly agreed otherwise, the risk of loss and/or damage to products shall remain with the Operator until the moment of delivery to the Consumer.

    5. The address provided by the Consumer to the Operator shall be the place of delivery of the products. The Operator is unable to deliver the same order to multiple addresses or amend the delivery address once the order is dispatched. The products will be delivered to the Consumer by a courier engaged by the Operator. It is the responsibility of the Consumer to ensure that someone is available at the delivery address at the time of the scheduled delivery. If no-one is available to accept the order when it is being delivered, the order will be returned to the Operator and the Consumer will receive a notification that the order could not be delivered. Should the Consumer fail to be present for the scheduled delivery, the Operator reserves the right to charge the Consumer in full for the order.
  2. The courier will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that the Consumer instructs the courier or the Operator to leave a delivery unattended at the Consumer’s address or with a neighbour, the Operator expressly disclaims all liability which may arise by virtue of the delivery being left unattended or with another person for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept frozen.
  3. The Operator shall, considering the stipulations in Article 4, execute accepted orders with convenient speed, within 30 (in words: thirty) Days, unless a longer delivery period was agreed. In the event of delay in delivery, or if an order cannot be delivered or only partially be executed, the Consumer shall be informed of this no later than within 30 (in words: thirty) Days after ordering. In such cases, the Consumer is entitled to repudiate the Contract free of charge.

    8. In the event of repudiation under paragraph 7 of this Article, the Operator shall return the payment made by the Consumer, if any, no later than 30 (in words: thirty) Days after repudiation.

Article 12.    Payment

  1. The amounts owed by the Consumer are to be paid at the time ofordering the products and in advance of delivery. The Operator accepts payment by most general accepted credit/debit cards. The Operator takes no extra charges associated with these payment transactions.

    2. The Consumer confirms that he/she owns the credit/debit card that is being used to make the purchase. Card holders may be subject to validation checks and authorisation by the Operator. If the Operator believes that the card used to pay for an order is being used fraudulently, this will be reported to the relevant authorities and all orders cancelled. If the Consumer’s card issuer refuses to authorise payment for an order, the Operator will be unable to dispatch the products to the Consumer and the Operator will not be responsible for any delay or non-delivery. The Operator is not responsible for any card or bank charges issued by the Consumer’s card issuer as a result of processing payment for any order.
  2. To ensure the security of the Consumer’s credit card information the Operator uses the Secure Socket Layer (“SSL”) technology, an extremely high level of security for Web-secured applications. SSL is currently the preferred method to securely transfer credit card and other sensitive data over the internet.

    4. In the event of non-payment or default of payment on the part of the Consumer, the Operator may, unless lawful restrictions apply, charge any reasonable costs incurred to the Consumer.

    5. The Consumer is to inform the Operator immediately of possible inaccuracies in the payment details provided or stated.

Article 13.    Privacy Statement

  1. The Operator is committed to protect the privacy of the Consumer and has taken measures to ensure that information which is obtained from the Consumer will be secure and confidential.
  2. The information the Operator requires when the Consumer orders a product is the Consumer’s name, email address, residing details and payment information (including but not limited to credit card number and expiration date of the credit card). This information enables the Operator to complete and process the order of the Consumer pursuant to the Contract and/or keeps the Consumer updated on the status of the order. The Consumer may “opt” out of providing such information, but the Consumer must recognise that by doing so, the Operator will not be able to process the order of the Consumer. The Operator may also provide the information set forth above (excluding the payment information) gathered from the Consumer to the providers of the products or services purchased on this website in the form of various reports used to monitor usage of the website, viewing and traffic patterns, and other Consumer behaviours.
  3. Telephone calls made to and from the Operator’s Consumer Careline might be recorded for quality and monitoring purposes.
  4. In assessing an order, the Operator may make enquiries about the Consumer including searching the records held by credit reference agencies and fraud prevention schemes.
  5. At the time of registration the Consumer will receive a password. The Consumer must keep the password secret and is entirely responsible for all orders placed with the Operator or information given to the Operator under the registered email address in combination with the password. The Consumer must immediately notify the Operator of any unauthorised use of his/her email address and/or password or any breach of security known to the Consumer.
  6. The Operator may release information concerning the Consumer’s use of the website as required by law and when the Operator believes in good faith that such release is appropriate to protect the Operator’s rights and/or comply with a judicial proceeding, court order or legal process served on the Operator or the website.  
  7. For more information, please consult our Privacy Policy.

Article 14.    Liability

  1. Nothing in these general terms and conditions will restrict the Operator’s liability for death or personal injury resulting from its negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of the Consumer’s statutory rights.

 

  1. In addition to the other express exclusions stated in these terms, the Operator will not be deemed to be in breach of contract or of these general terms and conditions as a result of any delay in the performance or failure to perform the obligations of the Operator if that delay or failure to perform is due to any cause or circumstance beyond the reasonable control of the Operator 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, breakdown of equipment or road traffic problems.

 

  1. Other than as set out in paragraph 1 of this Article 14 and to the extent permissible by law, the Operator’s maximum liability arising out of any order for the supply of products to the Consumer under a Contract will be limited to the retail price of the products contained in that order.

Article 15    Governing law

  1. Contracts between the Operator and the Consumer, to which these general terms and conditions apply, 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) are strictly governed by the laws of England and Wales and Consumers living in England can bring legal proceedings in the English courts.
  2. Consumers living in Scotland can bring legal proceedings in either the Scottish or the English courts.

 

These General Terms and Conditions of Sale were last updated on 1 November 2019.