Terms and Conditions

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or related services.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    • Are you a business customer or a consumer? You will have different terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    • If you are a business customer you must contact us for our business terms and conditions If you are a business customer you must contact us at sales@lackafoods.com . These terms are for end consumers only.
  1. Information about us and how to contact us
    • Who we are. We are UFIT a trading company registered in England and Wales owned by Lackafoods Ltd and our registered office is at Park House, Marlow, SL71FJ. Our registered VAT number is
    • How to contact us. You can contact us by telephoning our customer service team at info@lackafoods.com or by writing to us at the above address.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  2. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or phone call and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
  3. Our products
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
  4. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our rights to make changes
    • Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a health or safety issue or ca change in packaging or ingredient supplier. These changes will not affect your use of the product.
    • More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you in the product description on the website and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  2. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website.
    • When we will provide the products.
      • If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 14 days after the day on which we accept your order.

 

  • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control eg by external courier companies, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay that is within our control. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
  • If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the designated courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
  • If you do not re-arrange delivery. If you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may take the goods back.
  • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
  • When you own goods. You own a product which is goods once we have received payment in full.
  • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    • deal with technical problems in the supply chain or make minor technical changes eg to the packaging or formula;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clause 6).
  • Your rights if we suspend the supply of products. We will update the website to tell you if we will be suspending supply of the product, unless the problem is urgent or an emergency. If you have placed orders for goods that are suspended for a period of time longer than 14 days we will contact you to offer you an alternative product or a refund.
  1. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract :
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you are a consumer and have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by UFIT to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 1):

Right under the Consumer Contracts Regulations 2013

How our goodwill guarantee is more generous

14 day period to change your mind.

28 day period to change your mind.
  • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
    • Products for consumption that have been opened in any way;
    • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
    • any products which become mixed inseparably with other items after their delivery.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund any delivery costs we will incur as a result of your decision to return or not purchase goods.
  1. How to return goods or cancel orders (including if you are a consumer who has changed their mind)
    • Tell us what you want to do. To end the contract with us, please let us know by doing one of the following:
      • Phone or email email us at info@lackafoods.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the online form - https://ufitdrinks.com/pages/contact-uson our website.
    • Returning products after receipt. If you want to return the products after products have been dispatched to you or you have received them, you must either return the goods in person to where you bought them or post them back to us at our registered address.  If you are a consumer exercising your right to change your mind you must return the products within 28 days of telling us that you no longer want the goods. 
    • When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed; or
      • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

  • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  • When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
    • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. For bulk goods, if you have opened the bulk packaging this may affect the value of the goods. If the individual product packaging itself has been opened or damaged in any way, these goods generally may no longer hold any value. For further information about what handling is acceptable and examples please contact us at info@lackafoods.com. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    • Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
    • If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.
    • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
      • you do not, within a reasonable time, allow us access to your premises to supply the services.
  1. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team at info@lackafoods.com .

  1. Your rights in respect of defective products if you are a consumer
    • If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

See also clause 8.3.

 
  • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email info@lackafoods.com for a return label or to arrange collection.
  1. Price and payment
    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
    • When you must pay and how you must pay. We accept payment with Visa, Mastercard, Amex, Discover, Diners Club, Maestro, Shop Pay, Apple Pay, Google Pay and Paypal, when you must pay depends on what product you are buying:
      • For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
    • What to do if you think a price or a bill is wrong. If you think you have been charged incorrectly please contact us promptly to let us know.
  2. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care .
    • We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in our contract with you which you must enter into directly with us.
  3. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in these Terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 percent of the total sums paid by you for products under such contract.
  1. How we may use your personal information
    • How we will use your personal information. We will only use your personal information as set out in our Privacy and Cookie policy which can be found here - https://ufitdrinks.com/pages/cookie-policy
  2. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.