Terms Of Service

This website (referred to as the "Site") is operated by Full Fruit Ltd, trading as ELLIE. We are a registered entity in England and Wales, bearing the company number 14487420, with our registered office located at Sharvells Road, Milford On Sea SO41 0PE. We are not currently vat registered. To get in touch with us, kindly direct your correspondence to hello@ellieneverforgets.com.

This page, in conjunction with the referenced documents, elucidates the terms and conditions (referred to as the "Terms") governing the supply of goods featured on this website. It is highly recommended that you peruse these Terms meticulously before placing an order on our Site, as your act of ordering implies your consent to abide by them.

It is noteworthy that these Terms are meticulously crafted to encompass the supply of goods to both consumers and other categories of customers. A consumer is defined as an individual purchasing items for purposes primarily outside the scope of trade, business, craft, or profession. In the event of any ambiguity regarding which terms apply to you, we urge you to reach out to us without hesitation.

For your reference, the comprehensive legal Terms are expounded in the left column, while the right column offers succinct explanations of key Terms, albeit without legal binding force.

Last Updated: December 2023

Interpretation

The ensuing definitions apply within the ambit of these Terms:

  • CRA: Signifying the Consumer Rights Act 2015, as subject to periodic amendments.
  • Direct Delivery: Denoting the conveyance of Goods directly from the manufacturer to you.
  • Goods: Encompassing the products that we are vending to you, as delineated in the Order, falling within the CRA's definition of goods.
  • Order: Characterising your request to procure Goods from our Site.
  • Site: Designating our website, accessible at www.ellieneverforgets.com.
  • Terms: Connoting the terms and conditions elucidated on this page, as well as any referenced documents.

It is pertinent to note that when we make reference to "writing" or "in writing," this includes communications transmitted via fax or email. The headings herein do not influence the interpretation of these Terms.

Please be apprised that these Terms exclusively pertain to the sale of Goods within the United Kingdom, excluding the Channel Islands and BFPOs. Distinct terms and conditions are available for the sale of Goods to customers outside the United Kingdom.

Basis of Sale

These Terms, in conjunction with the Order and our order confirmation, constitute the entire agreement governing the sale of Goods between you and us. All other terms or documentation purportedly forming part of our agreement are explicitly excluded unless mutually agreed upon in writing. We urge you to review the Order's accuracy and completeness before submission. Should any discrepancies arise, we request that you promptly notify us in writing.

It is essential to understand that any visual representations or descriptions on our Site or other promotional materials are provided for approximate guidance concerning the depicted Goods. While we endeavour to ensure fidelity, products may occasionally deviate from their associated images or descriptions. For consumers, we affirm that the Goods will align with the provided description. Failure to meet this commitment entitles you to return the Goods for an exchange or refund. For other customers, to the extent permitted by law, we exclude any implied warranty or terms necessitating an exact correspondence between the Goods and their descriptions.

Subject to the remaining clauses below, these Terms become binding upon both parties, and a contract materialises when:

  1. We issue written acceptance of an Order in the form of an order confirmation.
  2. We effect the delivery of the Goods to you.

An order number is allocated to each Order, with notification provided in the order confirmation. This order number should be referenced in all subsequent correspondences related to the Order.

We retain the prerogative to revise and amend these Terms periodically, without prior notification. It is your responsibility to familiarise yourself with the latest Terms before placing an Order. The applicable Terms are those in effect at the time of Order placement.

Goods procured are intended for personal use and not for resale, unless explicit written consent is granted. While consumers may resell purchased Goods, if you are not a consumer and intend to trade with the Goods, we reserve the right to terminate any outstanding Order without notice or explanation if we suspect that you are acquiring Goods for resale.

Our Guarantees

Upon acceptance of your Order for the Goods and subsequent completion of delivery, along with the transfer of title in the Goods to you, we assure you of the following:

  1. We possess the authority to sell the Goods to you.
  2. The Goods are devoid of any encumbrance or charge, unless disclosed prior to Order acceptance.
  3. You shall enjoy undisrupted possession of the Goods post-transfer of title, while acknowledging our right to repossess the Goods under these Terms or statutory provisions.

Additionally, upon delivery, we guarantee that the Goods shall:

  1. Exhibit satisfactory quality.
  2. Be devoid of material defects in design, material, and workmanship.
  3. Conform to all applicable statutory and regulatory requirements for the sale of Goods in the United Kingdom.

It is imperative to note that this product warranty does not extend to defects resulting from fair wear and tear, deliberate damage, accidents, negligence by you or any third party, unauthorised use, failure to adhere to our instructions, or unauthorised alterations or repairs.

Furthermore, for consumers, upon delivery of the Goods, we warrant that:

  1. The Goods will be reasonably fit for any specified purpose, provided you communicate the purpose before placing your Order and we verify suitability, or if we fulfil the Order without further inquiry into suitability.
  2. The Goods will align with any pre-contract information, including descriptions, images, or other information provided on our Site, catalogues, marketing materials, or by way of samples or models.
  3. Any associated or corresponding digital content, if included, shall materially conform to the Goods.

For other customers, to the fullest extent permitted by law, we exclude all other implied warranties or terms pertaining to the Goods or our processes related to their creation, procurement, or delivery.

In cases where Goods, subject to either the aforementioned product warranties for all customers or the consumer-only warranties, exhibit deficiencies, you may have the right to request repairs or replacements within 6 months of delivery. These warranties also apply to repaired or replacement Goods.

Delivery: Delivery charges are applicable at the time of checkout and are subject to change before Order submission.

Free standard delivery is applicable to orders totaling £50 or more, placed in a single transaction. Orders below £50 are subject to our standard delivery terms and charges. This offer is valid for the UK Mainland exclusively. Deliveries outside the UK Mainland are subject to our standard delivery terms and costs.

For Next Day Delivery, available excluding Direct Delivery from the manufacturer, orders must be placed by 2 pm on any weekday to ensure delivery on the following working day. This service is applicable to UK postcodes, excluding AB, BT, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, ZE, and the Republic of Ireland.

Standard Delivery pertains to stocked items, excluding Direct Delivery from the manufacturer, and delivery is accomplished within the timeframe specified on our Site, typically ranging from 2 to 5 working days. Refer to the lead times presented at checkout for precise availability details.

Direct Delivery refers to items dispatched directly from the manufacturer, with delivery.

Returns Policy

Unwanted Returns

We gladly accept returns of unwanted goods from all customers for any reason, ensuring a hassle-free experience. To initiate a return, please adhere to the following conditions:

  1. Notify us of your intent to return the goods within 14 days of receiving your order.
  2. Ensure the goods remain in their original, unused condition, including all original packaging.
  3. Unless otherwise arranged, you are responsible for the return shipping costs, including Direct Delivery charges.
  4. For orders canceled within the 14-day cancellation period, we will issue a refund for the cost of the goods, excluding delivery charges.

For orders with goods delivered in multiple instalments, the standard returns process adjusts as follows:

  • Consumers may return any goods within 14 days of receiving the final instalment, subject to the same conditions mentioned above.
  • Other customers can return goods within 14 days of receiving their respective instalments, and the delivery of subsequent instalments does not affect your right to return.

Please note that the unwanted returns policy does not apply to:

  • Goods with known faults disclosed before your order.
  • Goods damaged due to unauthorised repair attempts.
  • Bespoke or personalised items.
  • Perishable goods.
  • Goods primarily composed of photocopiable materials, such as magazines or books.
  • Unwrapped CDs, DVDs, or computer software.

For the return of Direct Delivery items, a handling charge may be applied, which will be communicated to you when requesting the return.

In summary, we facilitate two types of returns: unwanted goods and faulty goods.

For unwanted goods, you have a 14-day window from the date of delivery to return them in their original condition, with return shipping costs borne by you. We will then issue a full refund for those goods.

Faulty Returns

We accept returns of faulty goods covered by our product warranties, subject to the following terms:

  • For consumers, most faulty products can be returned within the first 6 months after delivery, with exceptions based on proof of non-faultiness at the time of delivery or the nature of the goods.
  • For other customers, notify us of the fault and your intention to return the product as soon as possible, but within 30 days of delivery.

We will either arrange collection of faulty goods by mutual agreement (note that third-party carrier delays are beyond our control) or request you to return the goods at our expense. In case of a full refund, it will include the initial delivery costs based on the most economical delivery option.

Upon receiving faulty goods, we will assess them to confirm the fault and offer one of the following remedies:

  • Repair the goods.
  • Replace the goods.
  • Provide a price reduction and partial refund.
  • Issue a full refund.

For consumers, you can choose between repair or replacement. If we fail to repair or replace the goods effectively, you may opt for a price reduction or a full refund. If you opt for a full refund, we may deduct an amount to account for your use of the goods.

For other customers, we will determine the appropriate remedy based on the circumstances, and this decision will be final. However, if any replacement or repaired goods are found faulty, you may seek further remedies.

The faulty returns policy does not apply to goods with known faults disclosed before your order or goods damaged due to unauthorised repair attempts.

These terms also apply to any repaired or replacement goods we supply. For consumers, if goods were repaired or replaced within the first 14 days after delivery, you have an additional 7 days (or until the end of the original 14-day period) to reject the goods. Afterward, you can return the goods for further faults, with the same remedies available.

For the return of Direct Delivery items, a handling charge may apply, which will be communicated when requesting the return.

Ownership & Risk

Ownership of the goods passes to you only upon full payment and clearance of funds. We reserve the right to recover any goods for which ownership has not yet passed.

Price & Payment

Our listed prices for goods may change over time, but once you place an order, the prices will not be amended. Prices are inclusive of VAT unless otherwise specified and exclude delivery costs, which will be added to the total amount due.

Payment for all goods must be made upfront and in advance of delivery. Failure to make payment may lead to order termination and potential late payment interest charges.

We may offer third-party payment services, such as PayPal, Apple Pay, Google Pay, or Amazon Pay. Opting for these services authorises us to request funds immediately, with additional obligations and cancellation procedures specified by the third-party provider.

Certain products may be exempt from discounts, as determined solely by us, including items with exclusive online pricing.

Limitation of Liability

Our liability is subject to certain limits and exclusions, except in cases of negligence, fraud, or illegal actions.

For consumer-related issues with the goods, our primary responsibility is to repair, replace, refund, or provide a partial reduction in price as per our returns policy. We will not be liable for any other losses, including unforeseeable losses, business losses, losses suffered by non-consumers, or losses not directly caused by us.

For non-consumer matters, our total liability for all losses arising from or connected to your order will not exceed the price paid for the goods. We will not be responsible for unforeseeable consequences or losses incurred by third parties.

You are responsible for the selection and safe use of any chemicals ordered from us. Any harm or losses resulting from your default in this responsibility are not our liability.

We do not provide any warranties or representations beyond what is expressly stated in these terms.

Events Outside Our Control

In exceptional cases, your order may be affected by events beyond our reasonable control, which may cause delays or failures in performance. We will not be liable for such issues, provided they are reasonable and lawful.

These events may include natural disasters, epidemics, pandemics, wars, terrorism, government actions, strikes, labor disputes, supply shortages, carrier delays, acts of God, or other unforeseen circumstances. Such events are referred to as "Force Majeure Events."

We will make reasonable efforts to mitigate and find solutions for delays or failures caused by these events. Customers will be informed of delays, but direct notification cannot always be guaranteed. Continue to check our communication channels for updates or contact us as needed.

For consumers, if any delay persists unreasonably or causes undue inconvenience, you may cancel your order for a full refund.

For other customers, we will extend the performance period by the duration of the Force Majeure Event and are not obligated to accept order cancellations during that time.

Data Protection

We adhere to Data Protection Act 2018 and the UK GDPR in all actions related to your order. For detailed information, please refer to our Privacy Policy. Note that we may record calls for quality and training purposes.

Assignment

You may not transfer your rights or obligations under these terms without our written consent, except for consumers, who will be notified of any assignment that will not affect their rights or protection.

Notices

Send all notices to Full Fruit Ltd T/A ELLIE, 29 Sharvells Road, SO41 0PE. We will notify you at the email or postal address provided in your order. Notices will be considered received 24 hours after sending an email or three days after posting a letter. Proof of proper addressing and sending will suffice to demonstrate the service of any notice.

General

If you disagree with any of these terms or wish to amend them to suit your order details, please contact us before placing your order. We cannot accept exclusions, amendments, or additions to these terms unless both parties expressly agree in writing before or at the time of the order.

If any part of these terms becomes unenforceable or unlawful, it will be altered to the minimum extent necessary to restore enforceability or severed from the rest of the terms. The remaining terms will remain valid to the fullest extent permitted by law.

No waiver of any term will be effective unless explicitly stated in writing.

The Contracts (Rights of Third Parties) Act 1999 does not confer any rights on a person who is not a party to these terms.

These terms are governed by English law, and disputes will be resolved in the English courts. Please note that we only accept orders from addresses outside the UK on our International Terms, available upon request.

Offers and Promotions:

Additional terms and conditions apply to offers and discounts as follows:

  • Offers and promotions are typically available only to customers contacted directly by us and to whom the offer is addressed.
  • Each offer can be used only once per customer for their first order unless otherwise stated.
  • Offers cannot be combined with other offers or discounts and may not apply to specific items or product ranges, including sale items or products subject to contract pricing.
  • No cash alternatives are available for offers, and they are not transferable.
  • Unless otherwise stated, there is no minimum order value for offers.
  • Offers are available for a limited time only.
  • If you return goods purchased with an offer, the refund will be issued at the invoiced product value net of any promotional discounts.
  • We reserve the right to change or withdraw offers at our discretion, though this will not affect orders accepted before the change.

Please note that all offers are subject to the above terms and additional terms specified in each individual offer.