Mydorable Terms & Conditions
All you need to know about Mydorable products.
Thank you for accessing this website www.mydorable.com. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. By using this website, you signify your acceptance of these conditions in return for which we will provide you with access. If at any time you do not wish to accept these conditions then you may not use this site.
The brand Mydorable belongs to French Foodies Limited (a company registered in England with company number 8706482 and whose registered office is at 2 Hazlewell Court, Bar Road, Lolworth, Cambridge, CB23 8DS (“French foodies”, “we”, “our” or “us”). The intra-community VAT number is GB183177101.
For the purposes of this document, it is agreed that people who have purchased a product on the website will be referred to as “Clients, individually, “The Client”.
These Terms and Conditions are routinely made available on the current website to the Clients at the time of purchase of a subscription.
Governed by Section 2 of the Supply of Goods and Services Act 1982, these Terms and Conditions shall determine the rights and obligations of French Foodies Limited and of the Clients (collectively, “the Parties”, individually, “The Party”) to the different contracts offered on the Site.
By the simple confirmation of his order on the Site, the Client declares to have read, understood, and accepted without reservation the terms for the said order, as well as all of these Terms and Conditions.
2.1. These Terms and Conditions are subject to applicable British law irrespective of the Client’s country of residence and the place of conclusion of the contract.
The Subscriber acknowledges that the communications and computerised records of the website will be considered by the parties as proof of exchanges, orders, payments, and transactions between the parties unless proven otherwise.
2.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
2.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
French Foodies Limited reserves the right to modify these Terms and Conditions at any time. Please check periodically for changes. If the new Terms and Conditions are not suitable for a Client, they should not order from Mydorable website and terminate their subscription by registered mail before the new provisions go into effect, in the manner prescribed in the Article “Withdrawal option” in these Terms and Conditions. Refusal of the new Terms and Conditions must be explicit. Without explicit expression of wishes before the new provisions go into effect, the Client will be considered to have accepted the changes. These Terms and Conditions were last updated on 17th April 2016. If one or more provisions of these Terms and Conditions are declared invalid under any law or regulation or a final court decision, the other provisions will retain power and scope.
4.1. This website services are normally accessible to Clients seven days a week, 24 hours a day, throughout the year. The company French Foodies Limited cannot be held liable for damage of any nature resulting from unavailability of the website.
4.2. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (firstname.lastname@example.org).
Whilst we take steps to ensure the accuracy of the information accessed via this website, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
This website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Content”) are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it. However, total or partial reproduction of the elements available on the Site is strictly prohibited for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.
This website and its content are provided “as is” excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the website and make no warranty that the website will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the website is compatible with your computer equipment or that the website or its server is free of errors, viruses, worms or “Trojan horses” and we shall not be liable for any damage you may suffer as a result of such destructive features.
You acknowledge that your use of this site and its content is at your own risk.
8.1. French Foodies Limited as a third party cannot be found liable for the contents of partner sites of French Foodies Limited. It also cannot be found liable in case of any conflict between the Client and a partner site or brand. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
8.2. Information allowing the Client to be identified, such as the username and password, are personal and confidential. This information cannot be modified by the Client or www.mydorable.com, even if you forget your password. The Client is solely responsible for the use of their identifying information, and it must be kept secret. Any disclosure on their part will in no way be blamed on www.mydorable.com. Any order placed using the Client’s username and password is considered to be placed by them. www.mydorable.com will in no way be held responsible for damages caused by the divulgance of this personal and confidential information by the Subscriber and subsequent use of this data by a third party. French Foodies Limited may not in any way be held liable for any damages of any kind, in particular due to the use of subscription services, whether to reputation, to image, or loss of data that might arise from the use of services offered by www.mydorable.com.
9.1. To order from Mydorable, you can register with us. This is referred to as “set up an account” throughout our website and literature. However, this is not a credit account; payment will be required at order. This account can be set up by following the instructions on the website.
9.2. To register with Mydorable you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.
9.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
9.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our website.
9.5. When you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately (email@example.com). We would also suggest that you also change your password immediately through the “My account” page of the website.
9.6. Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. Please also print or save these Terms and Conditions for your future reference.
9.7 By accepting these Terms and Conditions when subscribing to one of the subscription packages, or placing an order on the website, the Client authorises French Foodies Limited to email them at the address that will be provided upon their subscription or order. The newsletter can be unsubscribed to at any time via the “My Account” page.
9.8. If French Foodies has reason to believe that there is likely to be a breach of security or misuse of the Mydorable website, we may require you to change your password or we may suspend or cancel your account.
10.2. In accordance with applicable law, the Client has the right of opposition, the right of access, and the right of rectification of the data concerning them. The Client may require that any of their information be modified, supplemented, completed, clarified, or deleted if it is erroneous, incomplete, or outdated, or when collection or use of the communication is prohibited. To exercise this right, the Subscriber must simply write to us at the following address: firstname.lastname@example.org.
10.3. We reserve the right to use the statistics provided by the information forms that the Subscribers will complete in order to optimise our service and those of our partners.
11.2. Payment for services will be made throught Paypal, which accept all major credit /debit cards. For further information, please refer to www.paypal.co.uk
11.3. Your credit/debit card and payment details won’t be held on our system.
11.4. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
11.5. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the website again.
11.6. You cannot pay by cheque.
The Client recognises the validity and the probative value of electronic exchanges and records kept by French Foodies Limited and admits that these have the same probative force as those written and signed by hand, pursuant to Section 7 of the Electronic Communications Act 2000, adapting the evidence law to information technology and related to electronic signatures.
13.1 Each Product for which you click “Add to basket” is added to a “shopping basket” facility. You are given the opportunity to review the quantity of each item in your shopping basket when you choose to “check out & deliver”. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking “place order”. After you have clicked “place order” and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered..
13.2. After you have submitted your order, you have no possibility to cancel it.
13.3. No order is accepted from you until our website displays an order confirmation message. This message is displayed after you click “place order” in the checkout page. A contract for our sale of Products to you arises on our acceptance of your order.
13.4. The price that we charge you for the Products will be the price stated by us on the website prior to you clicking the “place order” button. All prices for Products are inclusive of any applicable VAT.
13.5. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
13.6. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
The box shipment service consists of a shipment, every other month, of a box containing samples of Mydorable products and other products from French Foodies brand partners.
Subscription to the box shipping service contract offered by the company, French Foodies Limited, is carried out on the website.
By subscribing to one of the box shipping service contract packages, the Client accepts these Terms and Conditions, and the Client acknowledges having read and understood them, and accepts them without reservation and with full knowledge of cause.
In the interest of good administration of the subscription by the Client to one of the box shipping service subscriptions, the Client shall complete a form containing personal information. The information provided to French Foodies Limited must be accurate. The Client must ensure their accuracy and their truthfulness when subscribing. In case of misinformation, French Foodies Limited cannot be held liable.
The Company French Foodies Limited offers four types of subscription to the box shipping service:
14.1 “Mydorable addict”: this bimonthly subscription provides the member with a bimonthly box shipping service until a Party decides to terminate this contract. By accepting this offer, the Client accepts an automatic bimonthly deduction of an amount specified in the original order. Thus, for as long as the subscription lasts, the Client will, at the beginning of each every other month, be automatically charged the set amount, and the Client will later receive the box between the 10th and 20th of the month.
The Subscriber may terminate their monthly subscription at any time, as provided in the article related to unsubscription in these Terms and Conditions.
14.2. “You look lovely still I’m not sure”: this half-year subscription allows someone to subscribe themselves or a third party for a period of six months, therefore three boxes. Payment for this subscription will be made in a single payment, upon subscription.
14.3. “Mydorable you’re a hero”: the annual subscription allows someone to subscribe themselves or a third party for a period of one year, therefore six boxes. Payment for this subscription will be made in a single payment, upon subscription.
14.4 “I don’t know you yet: let’s have a try”: this subscription allows someone to receive one box. Payment for this subscription will be made in a single payment, upon subscription.
Members will only be considered to possess full product ownership once the website has received, in full, all payments for sums respective to the products and delivery charges.
16.1. The information present on the website related to the products are provided by the manufacturers and distributors. French Foodies Limited cannot, therefore, be held liable under any circumstances for any consequences that may arise from the knowledge or use of such information.
16.2. Whilst Mydorable tries to ensure that material included on the website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 17, below), French Foodies Limited may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the website.
16.3. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
16.4. The warranty in paragraph 16.3 above does not apply to faults or defects which been caused by your misuse and/or neglect of the Products or by accidents caused while the Products are in your possession.
16.5. We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
- any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
- any losses which are not caused by any breach by us;
- or business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
16.6. Our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
16.7. Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
16.8 Allergens: Mydorable handles cereal, crustacean, egg, fish, soya, milk, nuts, celery, mustard, sesame and sulfur dioxide.
15.1. The Products or the box will be delivered to the Client to the address provided in the information form, “My Account,” completed by the Client during registration. In case of change of address, it is up to the Client to provide notification before the order deadlines published on our website by modifying their address on the information form, “My Account.”
15.2. We only deliver the UK. Orders that do not meet this geographic condition will not be taken into consideration.
15.3 Means of delivery: Only delivery by Royal Mail non-tracked is available. Deliveries are made Monday through Saturday except public holidays. The package is delivered to the shipping address provided by the Client. If you are not present for the delivery and if the dimensions of your package allow it, the postman will leave your package in your letterbox. If not, you will find a calling card asking you to collect your package at your post office. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
15.4. The delivery time is as follows: from 5 to 10 working days. The delivery times indicated above are those generally observed. The delivery time may be extended by two days during sales or other promotions. In addition, French Foodies Limited informs its Clients that these delivery times do not include Sundays or public holidays. At any time, you can check the status of your order in the section “My Account”, under “My Subscriptions.”
15.5. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
15.6. We will not charge you for incorrect Products (Products that you have not ordered or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered.
15.7. You must inspect the Products as soon as possible after delivery and notify us within five days of receipt if you find any defects, by calling us, emailing us or writing to us at email@example.com. We will replace or refund you for defective Products.
17.1. French Foodies Limited may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. In the case of non-compliance arising from the acceptance of these Terms and Conditions, non-payment of the price of an order, intentionally providing wrong information to create the account, or actions that could harm the interests of French Foodies Limited, the Company reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the subscription and the account of the Member without any compensation. The company also reserves the right to refuse service to a Client who has been excluded or penalised for such actions.
17.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Mydorable services. Only Clients subscribing to the “Mydorable addict” box can unsubscribe. The Client may at any time terminate their monthly fee on the “My Account” page. If termination occurs after the automatic deduction is made at the beginning of each month, the order is deemed made for that month. The subscriber may request the cancellation of this order on the grounds of their application for cancellation. The unsubscription will be taken into account for the next month.
In the case of unsubscription, a Client receiving a subscription at a lower price due to their age will lose this benefit and will have to pay the current price if they want to re-subscribe.
In case of defect in the box and/or the established order, the Client must report it within five days of receipt. The Client may have a new box and/or order within the limits of available stock. If the box is out of stock, the Client will get the next month’s box free. If the products for the order are out of the stock, French Foodies Limited will reimburse the amount of the order. Missing or defective products result in exchange for the same product, depending upon stock availability, or another product.
Failure to receive a box cannot result in other compensation. In any case, the liability of French Foodies Limited is limited to the monthly value of the subscription and the order.
To obtain reimbursement under these conditions, the Client must give notice of their choice to be reimbursed within a period of thirty (30) days. Reimbursements will usually be made through Paypal or on the Client’s bank account.
19.1. If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
19.2. It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
In case of total or partial sale of French Foodies Limited, the contracts between the Client and French Foodies Limited and/or successors and beneficiaries remain binding between the parties. The contracts entered into by French Foodies Limited may not be transferred by the Subscriber and/or the Client without first giving written notice to French Foodies Limited. The contracts, rights, and obligations of French Foodies Limited will in any event be assigned or transferred without prior approval by the Client.