Terms & Conditions

1. Contract

  1. Trade name dayz fresh  supplies its goods and services to its customer ('the Client').
  2. It is the intention of the Supplier that all the terms of the contract applying to all transactions on the dayz fresh web site are contained in these Terms and Conditions.
  3. The supplier reserves the right to alter these Terms and Conditions without notice to the client. Changes will apply to any subsequent orders received.

2. Delivery

  1. Delivery can only be made throughout Canada.
  2. Deliveries to destinations other than Canada can be arranged by the Supplier. Such deliveries will need to be arranged in advance (Please email for any concerns regarding deliveries outside of Canada).
  3. Delivery dates and times given by the Supplier are estimates only. Unless expressly agreed by the Supplier in writing time is not and shall not be deemed to be of the essence of the contract, subject to delivery taking place within a maximum of 30 days.
  4. The Client shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery. The Supplier will only tender delivery of goods to persons aged over 18.
  5. Items are supplied subject to their availability. Whilst the Supplier will endeavor to hold sufficient stock to meet all orders, if there is insufficient stock to meet your order, the Supplier may at their discretion contact the Client to offer a substituted product or alternatively refund the price paid for such goods as soon as possible.
  6. The Supplier reserves the right to change details and/or product specifications without notice.
  7. The Supplier reserves the right to make delivery by instalments and tender a separate invoice in respect of each instalment. The Supplier's failure to deliver one or more instalments or any claim by the Client in respect of any one or more instalments shall not entitle the Client to treat the Contract as a whole to be repudiated.

3. Price

  1. The price payable for the goods ordered is the price shown on the web-site at the time the Supplier receives the Client's order and any applicable charges for carriage and insurance except for the following exception:
  2. Whilst every effort is made to ensure that the correct price is displayed on our web site, errors may occur. If the Supplier discovers that such an error has been made in the quoted price, the Client will be contacted to confirm this.
  3. The Client will then be given the option of cancelling the order or re-confirming it at the correct price. If the Supplier is unable to make contact with the Client the order will be treated as cancelled.
  4. Subject to clause 3.1 the Supplier must receive payment for the whole of the goods ordered together with any applicable carriage and insurance charge, before the order can be accepted. Payment can be made by any method specified on the website.
  5. The VAT exclusive prices quoted on the web site are shown at the current rate of VAT of 17.5%.
  6. The Supplier reserves the right to change prices and details at any time without notice.
  7. Prices shown on the web site may not be the same as those shown in the Suppliers catalogue or on any other additional literature.
  8. Promotions available on the Suppliers web site may not be available on promotional literature and vice versa.
  9. Prices shown as reductions relate to the previous price at which the products have been made available for at least 28 days.

4. Terms of Payment & Deposits

  1. Clients who shop online must be aged 18 years or over.
  2. Payment can be made by any method specified on the web site.
  3. Only the following cards are accepted by us: MasterCard, Visa, American express.
  4. By placing an order through the web site the Client authorises the Supplier to debit their credit or debit card for the total amount of the order prior to the despatch of the goods to the Client's delivery address, unless other credit terms have been agreed previously in writing.

5. Inspection

  1. The Client shall inspect the goods at the place and time of receipt but nothing in these Terms shall require the Client to break packaging and / or unpack goods, which are intended to be stored before use.
  2. The Client must advise the Supplier by telephone within 7 days of receipt, of any claim for short delivery or carriage.
  3. The Supplier shall not be liable for indirect or consequential loss or damage including without limitation loss of profit, of use, or of contracts arising out of the supply or failure of supply of goods (other than liability for death and personal injury resulting from the negligence of the Supplier) and whether arising in contract, tort or otherwise. In all other cases liability shall be limited to the contract price.
  4. If the Client does not give notice within 7 days the goods will be deemed to have been delivered in the quantities shown in the delivery documents and the Client shall not be entitled and will irrevocably and unconditionally waive any right to reject the goods or claim any damages whatsoever for short delivery howsoever caused.
  5. The Suppliers liability for short delivery is limited to making good the shortage.

6. Returns & Cancellations

  1. The Client has the right to cancel any order placed on this website within seven working days beginning with the day after the date goods are delivered, without giving reason.
  2. All returns must follow the procedure laid down in the returns section.
  3. Refunds will only be made on the credit or debit card that was originally used to complete the transaction within 30 days.

7. Warranty

  1. Except where goods are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the full extent permissible by law.

8. Risk

  1. The risk in goods sold to the Client shall pass to the Client so that the Client is responsible for loss, damage or deterioration of the goods or a part thereof at the time of delivery.

9. General

  1. The Laws of Canada apply to this agreement and any disputes in connection with this agreement shall be tried in the courts of Canada.
  2. If any part of these conditions is invalid, illegal or unenforceable the validity, legality or enforceability of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
  3. All web-site content (design, images and text) is the copyright of Dayz fresh and it's suppliers. The content may not be copied or removed, nor may the site be altered or republished in any way without written permission of Dayz fresh.

Terms & Conditions

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