Terms of service

Overview

Welcome to Fruitinies. In these terms, "we", "us" and "our" mean Kervan Gida UK Limited, trading as Fruitinies. We operate this website and online store, including all related information, content, features, tools, products and services (the "Services"). Our store is powered by Shopify.

These Terms of Service, together with the policies referred to in them, set out your rights and responsibilities when you use the Services. Please read them carefully — they include important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use the Services.

Nothing in these Terms affects your statutory rights as a consumer under UK law.

Section 1 — Access and account

By agreeing to these Terms, you confirm that you are at least 18 years old, and that you consent to any minors in your care using the Services on devices you own or manage.

To use the Services — including browsing our store or buying products — you may be asked to provide information such as your email address and billing, payment and delivery details. You confirm that the information you provide is correct, current and complete, and that you have the right to provide it.

You are responsible for keeping your account details secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

Section 2 — Our products

We have made every effort to represent our products accurately. Colours and product appearance may differ from how they look on your screen, depending on your device and its settings.

We do not warrant that the appearance or quality of products you buy will match your expectations or the images shown in our store.

Product descriptions may change at any time without notice. We may discontinue any product and may limit the quantity we sell to any person, region or jurisdiction.

Allergen and nutritional information is shown on each product page and on the pack. If you have a food allergy or intolerance, always check the pack before eating and contact us if you are unsure.

Section 3 — Orders

When you place an order you are making an offer to buy. We may accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment first.

Please check your order carefully before submitting it, as we may not be able to change or cancel it once accepted. If we do not accept, change or cancel an order, we will try to contact you using the email address, billing address or phone number you provided.

Returns and refunds are handled in accordance with our Refund Policy.

Products bought through this store are for personal or household use, not for commercial resale or export. If you are a trade or wholesale customer, please contact us directly.

Section 4 — Prices and payment

Prices, discounts and promotions may change without notice. The price charged is the price in effect when you place your order, as shown in your order confirmation email. Unless stated otherwise, prices include UK VAT where applicable but exclude delivery charges.

Prices in this store may differ from prices offered elsewhere, including in physical shops or on third-party sites. Promotions may be governed by their own terms; where those conflict with these Terms, the promotion terms apply.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it up to date so we can complete your transactions and contact you when needed.

You confirm that the payment details you provide are true and complete, that you are authorised to use the payment method, and that you will pay the posted price including delivery and any applicable taxes.

Section 5 — Delivery

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our reasonable control. Risk in the products passes to you on delivery.

Full delivery options, costs and timescales are set out on our Delivery page.

Section 6 — Your right to cancel (consumer orders)

If you are a consumer in the UK, you have the right to cancel your order within 14 days of receiving your goods, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To cancel, contact us at [EMAIL] with your order number. You must return the goods to us within 14 days of telling us you wish to cancel, and we will refund you within 14 days of receiving them back.

Please note: for reasons of hygiene and food safety, we cannot accept the return of food products once the packaging has been opened, unless the goods are faulty or not as described. This does not affect your statutory rights.

Our full Refund Policy sets out how returns and refunds work in practice.

Section 7 — Intellectual property

The Services — including all trade marks, brand names, text, images, graphics, video, audio, and the design, selection and arrangement of them — are owned by Kervan Gida UK Limited, its affiliates or its licensors, and are protected by UK and international intellectual property law.

These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any licence or right under any patent, trade mark, copyright or other intellectual property of ours, of Shopify, or of any third party. All rights not expressly granted are reserved.

"Fruitinies", "Bebeto", and our logos, product names, designs and slogans are trade marks of Kervan Gida UK Limited or its affiliates or licensors. You must not use them without our prior written permission. All other names, logos and marks appearing on the Services belong to their respective owners.

Section 8 — Third-party tools and links

The Services may give you access to tools provided by third parties, which we do not monitor or control. These are provided "as is" and "as available", without warranties of any kind and without endorsement. Any use of them is at your own risk, and you should make sure you are happy with the third party's own terms.

The Services may also contain links to websites operated by third parties. We are not responsible for the content or accuracy of those sites, and we are not liable for any loss arising from your use of them or from products or services you buy through them. Please review the third party's policies before you transact with them. Questions or complaints about third-party products and services should be directed to that third party.

We may add new features and tools to the Services in future. These will also form part of the Services and be subject to these Terms.

Section 9 — Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with us. You acknowledge that Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage or loss resulting from products purchased. You release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with us.

Section 10 — Privacy

All personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be subject to Shopify's own privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to Shopify and to third parties who may be located outside the UK. Please see our Privacy Policy for details of how we, Shopify and our partners use your personal information.

Section 11 — Reviews and feedback

If you send us ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.

You confirm that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any payment or incentive you received in connection with it; and (iii) it complies with these Terms. We are not obliged to keep Feedback confidential, to pay for it, or to respond to it.

We may — but are not obliged to — monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's rights or these Terms.

You agree that your Feedback will not infringe any third-party right, will not be unlawful, abusive or obscene, and will not contain any virus or malware. You must not use a false email address or pretend to be someone else. You are solely responsible for any Feedback you submit and for its accuracy.

Section 12 — Errors, inaccuracies and omissions

Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, transit times or availability. We reserve the right to correct any such errors and to change or update information, or cancel orders, if any information is inaccurate — including after you have submitted your order.

Section 13 — Prohibited uses

You may use the Services for lawful purposes only. You must not use them, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to break any law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame or intimidate our staff or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download or re-use any material that does not comply with these Terms; (g) to send spam, junk mail, chain letters or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone else's use of the Services, or that may harm us, Shopify or other users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell or resell any part of the Services; (c) collect or track other people's personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website.

We may suspend, disable or terminate your account at any time, without notice, if we consider that you have breached any part of these Terms.

Section 14 — Termination

We may end this agreement or your access to the Services at any time, at our discretion and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Reviews and Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy — together with any other provisions that by their nature should survive.

Section 15 — Disclaimer of warranties

Information presented on the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk.

Except as expressly stated by us, the Services and all products offered through them are provided "as is" and "as available", without representation, warranty or condition of any kind, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section limits or excludes any warranty or right that cannot be limited or excluded under UK law, including your statutory rights as a consumer.

Section 16 — Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or for any other liability that cannot be limited or excluded under UK law.

Subject to the above, and to the fullest extent permitted by law, we, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors — and those of Shopify — will not be liable for any indirect, incidental, special or consequential loss or damage of any kind, including loss of profits, revenue, savings or data, arising from your use of the Services or of any product bought through them, whether in contract, tort (including negligence), strict liability or otherwise.

Section 17 — Indemnity

You agree to indemnify and hold harmless Kervan Gida UK Limited, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of: (1) your breach of these Terms or the documents they incorporate; (2) your breach of any law or of the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any claim we seek to be indemnified for. We may control the defence and settlement of such a claim at your expense, but will not settle any claim that imposes non-monetary obligations on you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defence of such claims.

Section 18 — Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforceable to the fullest extent permitted by law, and the unenforceable part will be severed. This will not affect the validity of the remaining provisions.

Section 19 — Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms does not amount to a waiver of that right or provision.

These Terms, together with any policies we post on this site, form the entire agreement between you and us regarding your use of the Services, and supersede any earlier agreements, communications and proposals, whether oral or written, including any previous versions of these Terms.

Section 20 — Assignment

You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent.

Section 21 — Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction, save that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your local courts.

Section 22 — Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

Section 23 — Changes to these Terms

You can review the most current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms by posting the updated version on our website. It is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law, and those changes take effect on the date specified in the notice. Your continued use of the Services after changes are posted means you accept them.