Terms and Conditions

INTRODUCTION

This website is operated by FixitFood.com (referred to as “Fixitfood/we/our/us”).

As a user of this website (referred to as “you/customer/user”) you acknowledge that any use of this website including any purchase you make (“use/using”) is subject to our terms and conditions set out below.

It is also a requirement that you refer to the Terms and Conditions of each Seller (referred to as “food producer”) on their shop policies page or product page before making any purchase.

By using this site, in any manner you agree to be bound by these Terms and Conditions of Use as set out below. This agreement applies to all users of the Site, including without limitation users who are producers, customers, wholesalers, distributors, contributors of information and suppliers on FixitFood.com.

 

Our Policies

FixitFood.com acts as an agent between producers and customers and between producers and supports and information supplied by other agents. We are not directly involved in the sale of goods between sellers and buyers, and are not liable for information provided externally to producers from Agencies. We act as a medium between producers and buyers and between producers and information-providers. FixitFood.com is not responsible for pre-screening producers and other users. Food Producers must declare at time of registration that they comply with the rules and regulations provided by The Irish Food Safety Authority and The HSE. We are not responsible or liable for content, information and images which are posted by the user on our website.

FixitFood.com reserves the right to remove, change, and modify any part of the Terms and Conditions of Use where we see fit and without notice. It is the responsibility of the user to check the Terms and Conditions at regular intervals for any changes made.

 

We are the owner (or licensee) of all copyright, trade marks and all other intellectual property rights in our website or mobile app (as applicable), and in the material and/or content published on it. You are permitted to use such material and/or content only as expressly authorised by us (or our licensors).  You acknowledge and agree that the material and/or content published on this website or mobile app (as applicable) is made available for your personal non-commercial use only and that you may only download such material and/or content for the purpose of using this website or mobile app (as applicable). You further acknowledge that any other use of the material and/or content published on this website or mobile app (as applicable) is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and/or content.

You may access our websites via links provided by other websites and we may provide you with links to other websites via our websites.  The linked sites are not under our control and have not been independently authenticated in whole or in part by us and we are not responsible for the contents of any linked sites including, without limitation, any link in a linked websites, or any changes or updates to a linked websites.  We are providing these links as a convenience and the provision of any links via our websites, or otherwise, does not imply an endorsement by us of the linked websites or any association with its operators.

 

These terms were last updated     August 2015 

 

User Eligibility

The services on FixitFood.com are only available to patrons over the age of 18 years. Individuals under the age of 18 years can only use our services when supervised by a parent or legal guardian and it is the individual over the age of 18 years who is deemed responsible for all activities and purchases on our site. Users under the age of 18 years can at no time purchase alcohol under Irish law.

You agree to comply with all Irish laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in the Agreement and in our policy documents as well as all other operating rules, policies and procedures.

In addition, some services offered through the Site may be subject to additional terms and conditions. Your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

We may, in our sole discretion, refuse to offer access to or use of the Site to any person or entity for any reason and change our eligibility criteria at any time.

 

Our service to you – the Seller

Policies: The food producer (seller) is advised to include their own terms and conditions for their store on FixitFood.com. The seller is responsible for enforcing their own policies and abiding by them. These policies should include returns, payments, shipping and wholesale orders. Sellers must also abide by the policies set out by FixitFood.com. FixitFood.com can at any time cancel a seller’s registration and online store without notice should any complaints arise regarding the sellers conduct, product or policies.

FixitFood.com is not liable for the conditions of the food or packaging of the food sold through the site, however we are registered with The Health Safety Authority and only sell food which is also registered under The HSE or with the Department of Agriculture.

Items for Sale: Items listed by the Food Producer on their online store must be available for sale. Items must be clearly labelled, include an image and be clearly priced. Items must be clearly described, removed if no longer available or replaced by another item.

 

 

Our service to you – the Buyer

Buyers are responsible for reading the description of the product before a purchase is made. When an order is placed, a legal contract is made between the buyer and the seller and not with FixitFood.com who acts only as an agent between the buyer and the seller. The sale is subject to the terms and conditions of the seller which is outlined on the sellers own policy page. We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale through the Site.

Orders through our website are binding when the order confirmation is received.  This confirmation will be sent to the email address you provide on your order details. Whether or not you receive an email, our acceptance of your order will create a legally binding contract between you and the seller. You should check the order confirmation and notify the Supplier of any mistake by email or telephone immediately; otherwise the details stated in the order confirmation will apply to the Agreement.

Any complaints arising from the sale are disclaimed by FixitFood.com however this does not affect the statutory rights of the buyer against the seller.

We reserve the right to decline any order, without giving a reason.

VAT: Unless they are expressly quoted as not including VAT, all prices are inclusive of value added tax and other government taxes or duties. Taxes, prices and levies are liable to change without notice.

Fees

Fees to the customer will be transparent, including shipping costs and  pricing. Pricing cannot be altered after a purchase of that item is made.

There are no fees to register or open a store with FixitFood.com providing that the seller is in compliance with regulations outlined by the Food Safety Authority of Ireland and The HSE where appropriate. Commission on sales due to us is deducted automatically when a purchase is made. FixitFood.com reserves the right to alter commission fees and will notify sellers in advance of such changes.

Password: Sellers may be given a password after registration. This password allows you to access and join our directory of producers or suppliers. It allows the user to join the Questions and Answers forum to access information or provide information about their service. It allows sellers to create their own online store.

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than us without our express written permission.

Account Information:

You must keep your account information up-to-date and accurate at all times, including a valid email address.

 

 

Account Information:

You may not transfer or sell your account and User ID to another party. The person registering the Business gives a  personal guarantee that He/She have the authority to bind the entity to this Agreement. You must keep account details up to date including valid email addresses, contact details and payment information.

Our Right to Refuse:

At FixitFood.com, our services are not available to temporarily or indefinitely suspended users. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.

Conduct on our site:

The user is solely responsibility for their conduct and activities on FixitFood.com regarding use of data, text, information, usernames, images, photos, audios, items and links and any other information they choose to submit.

Should you the user become aware of any activity on the site that you suspect is illegal or threatening illegality, please contact us immediately and we will promptly review the allegation and take appropriate action.

Restricted activities include:

Any data posted on the website which deems to be false, misleading or inaccurate.

Use of data which is obscene, offensive or pornographic.

Falsely adapt, hack or modify FixitFood.com or modify another website which falsely implies that it is associated with FixitFood.com.

Create liability for us which causes us to lose (in whole or in part) the services of our ISPs or other suppliers.

Interfere with the producer’s business details or online store.

Operating and selling goods without legal authority under the guidelines of The Food Safety Authority of Ireland and the HSE.

Sell or attempt to sell goods which are illegal, counterfeit, stolen or unfit for human consumption.

Violate this Agreement, our policies and guidelines, including but not limited to laws governing consumer protection, unfair competition, anti discrimination or false advertising.

Take any action which may undermine any feedback or online reviews.

Infringe upon any third party’s copyright, patent, trademark, or property rights.

Use of threatening, defamatory, unlawful harassment, intimidation, creation of false accounts, or otherwise misrepresent your affiliation with any one person.

 

 

Terms of Business:

By making an offer to purchase goods, you are authorizing FixitFood LTD to pre validate the Debit or Credit card presented for payment for the full value of the goods and related service charges contained in your basket. Payment is collected from your credit/debit card at the same time that your order confirmation is sent, and before the Goods are delivered.

In order to check that your card is not being used fraudulently, we, through our payments service provider, may carry out a series of security checks with your bank to verify your details and authorise your purchase. The authorisation of the transaction will only last for a set period of time, and your account will be debited immediately if successful. Therefore, for pre-ordered and made-to-order items your account may have been debited well in advance of you receiving your goods. There may be exceptions to the Returns policies for made-to-order items.

All records of orders are automatically kept within the Customer Account area. If you have any queries regarding your order please contact the Seller directly. If you are still not satisfied you can contact us through our contact form or by telephone. All details can be found on our site.

Price Quoted.  Unless otherwise stated, prices quoted are only valid during your browser session.

Delivery. Goods are shipped by post or courier service to the delivery address you gave, as stated in the order confirmation. Where the delivery of the order is done by courier, one attempt will be made to deliver the order and thereafter the customer shall be responsible for making their own arrangements to collect the order from the courier company.

Goods ordered through FixitFood.com are delivered to addresses worldwide. We will use reasonable efforts to meet any delivery date, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused.

Goods bought, that include alcohol, must be received by a person 18 years of age or older. Where any of our delivery agents are in doubt as to the age of the person receiving the goods, they reserve the right to request proof of age and / or retain the goods until they can be received by a person of or above the legal age to purchase alcohol.

Where you have ordered more than one item, we may make delivery in one or more installments.

Returns & Refunds. FixitFood.com want you to enjoy your purchase. We understand that there may be reasons why you choose that you do not want your purchase. In these circumstances, you can cancel your order at any stage up to the point of sale at no charge. Please read the suppliers policies before you purchase from them.

Resolution of Disputes

We have no obligation to resolve disputes between users or between users and Sellers.

License: FixitFood.com does not claim ownership rights to your content however we will use your product to market our website and market the product in a manner we deem fit. The user grants FixitFood.com a license solely to enable us to use any information or content you supply us with so that we are not violating any rights you may have in that content. The user grants us a non-exclusive worldwide, royalty-free sublicensable right to exercise the copyright, publicity and database you have in the content, in any media with respect to your content. You agree to allow FixitFood.com to store, translate or reformat your content and display your content in any way we deem appropriate. You may obtain personal information including shipping information, email addresses and product information from other users registered on the site which they have freely posted.

Privacy Statement: To register with or purchase from our site, we need to collect certain information and personal data about you. Please review our Privacy Statement, which governs the use of personal data. By using this site, you agree to be bound by our Privacy Statement.

 

Privacy Policy:

 

Property Rights of FixitFood.com: All copyright materials including, but not limited to, text, images, web pages, sound, software (including code interface and website structure) designs, logos, graphics, the selection, presentation and arrangement of materials (including information in the public domain) and the overall design and layout of this website are the copyright of FixitFood.com, associated logos and marks indicated on this website are trademarks of us or associated companies or our licensors. All intellectual property rights and any other rights of whatsoever nature in or to our website are and shall remain our sole property and we reserve all our rights in relation to same.

Content: Any content posted on FixitFood.com enables a third party access to this information which could be reposted elsewhere. You agree to hold FixitFood.com not accountable for any dispute concerning this use. Should you choose to display your own FixitFood.com hosted image on another website, the image must provide a link back to its listing page on FixitFood.com.

Excluded liability. FixitFood.com will not under any circumstances be liable to the Customer by reason of any representation, misrepresentation or warranty, condition or other term or any duty of common law, or under the express terms of these terms: – loss of revenue, profit, bargain, anticipated savings, goodwill, use, production, business or commitments waste, suffered, incurred or entered into in relation of this contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to third parties; or any loss sustained by any third party and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages. Users of our websites may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to us the content and material is accurate; use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

 

 

No Guarantee. We do not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.

Also, there are many risks dealing with international trade. FixitFood.com does not control the content provided by the users. Customers are advised to use caution, common sense and practice safe buying and selling when using FixitFood.com.

We in no way endorse or vouch for any advertisements, persons, companies, organisations, materials, products or other services which may be referred to by us, either on our websites, or any other websites, to which you are referred to by us or accessible via our websites or by any other means howsoever.  We shall not be liable or responsible for any loss or damage suffered, whether direct or indirect, special, incidental, punitive or consequential, arising out of any arrangement you enter into as a result of any advertisements, information, products or any materials provided, listed or supplied by us on our websites or arising out of the use of postal or other distribution services or e-mail or otherwise.

 

Forums: Customers, Suppliers and Producers may use the comment forums and blogs. Users are solely responsible for interactions with others. Users must comply with policies outlined by FixitFood.com. FixitFood.com is not involved with user generated groups, their requirements or their virtual meetings. We do not control or facilitate these meetings or interact with these forums. Users are solely responsible for interactions with others. We do not screen users before they register as participants.

 

Unauthorised Access:

While we take reasonable precautions in relation to use and access to our website, you accept all risk of information or instructions being given by an unauthorised person and the possibility of hacking, cracking, viruses and any and all manner of unauthorised access, use, activity or purpose which may occur on or in relation to our websites and you agree to fully and effectively indemnify and keep indemnified and hold us harmless against all actions, claims, demands, liabilities, payments, losses, costs, charges, damages and expenses which you may suffer or incur directly or indirectly in connection with or arising out of such activity.

We shall not be liable or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or failure to perform, any of our obligations in relation to our websites if the delay was due to any cause beyond our reasonable control including and without limitation, equipment malfunctions or periodic maintenance, computer viruses or unauthorised access of our websites or other systems of ours.  If our ability to make our websites available is impaired by you or by circumstances beyond our control, we may choose to discontinue making our websites available to you or in general without any recourse by you against us.

 

Access and Interference. You agree that you will not use any robot, spiders, other automatic device, or manual process to monitor or copy our websites or web pages or the content contained herein.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our websites and you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Severability. Any term or provision of these Terms and Conditions of Use which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or enforceability of the terms and provisions in any other jurisdiction.  If any provision is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.

Waiver. Our failure to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Miscellaneous. Your acceptance of these terms and conditions shall not imply any joint venture, partnership, employment or agency relationship between us.

Electronic Signatures. You accept and consent to the use of electronic signatures.

Language. You accept that English is the only language to be used on this site for the conclusion of contracts although other languages may be used in selected information areas where we will use accurate translation to the best of our knowledge.

Governing Law.  These conditions of sale shall be governed by Irish law and the exclusive jurisdiction of the courts of Ireland.

Breach and Termination.

Without limiting any other remedies, We may, without notice, and without refunding any fees, delay or immediately remove Content, warn our community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

We suspect (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; We are unable to verify or authenticate any of your personal information or Content; or We believe that a user is acting inconsistently with the letter or spirit of our policies, has engaged in improper or fraudulent activity in connection with We or the actions may cause legal liability or financial loss to Our users or to us.

Entire Agreement.

These terms expressly incorporate our Privacy Statement. Together, they contain the entire understanding and agreement between us and the Customer relating to the sale of products to the Customer through this website. 

 

 

Contact Details

If you wish to contact us, please email us at info@fixitfood.com

 

FixitFood.com website is operated by:-

FixitFood Ltd.

Drumloona

Carrigallen

County Leitrim

(087) 310 4580

Copyright 2015 FixitFood

This website was partially funded by Leitrim Rural Development Programme and The Leitrim Enterprise board.