• 1. Information About Us
  • 1.1 These are the website terms and conditions of Worldwide Fruit Ltd, trading as “Zest & Berry” in the UK
  • 1.2 We operate the website www.ZestandBerry.com (the “Website”).
  • 1.3 This document (together with the documents referred to in it) and our Privacy Policy provide our terms and conditions, on which we will supply to you the products (“Products”) listed on our Website. Please read these terms and conditions carefully before ordering any Products from our Website or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. You should also carefully review our Privacy Policy before placing an order for Products through our Website.
  • 1.4 These Terms and Conditions were most recently updated on 01 December 2021 and apply to sales to consumers.
  • 1.5 If you use or order Products after we have published any changes you will be bound by those changes. You should check prior to each use or order to ensure that you understand the precise terms & conditions applicable to your visit to our Website, or purchase.
  • 1.6 You should print a copy of these terms and conditions for future reference.
  • 1.7 Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
  • 1.8 In these terms and conditions, the words “we”, “us”, “our” and similar expressions refer to Zest & Berry, a division of Worldwide Fruit Ltd.
• 2. Supply
  • 2.1 We are a nut free site.
  • 2.2 All contents have been fairly described through the Contents list and use of photographs. Props and other utensils seen in photographs are not included unless stated.
  • 2.3 The weights given are approximate only and packaging may vary from those shown.
  • 2.4 In the event of availability issues, Zest & Berry reserve the right to substitute goods or packaging of equal quality and value.
  • 2.5 All items featured within our website are subject to availability.
  • 2.6 The complimentary gift message service provided by Zest & Berry is offered on a functional basis, optimised to ensure the confidentiality and integrity of the message and any depiction of this service is purely illustrative.
  • 2.7 The complimentary gift ribbon on the Fruit Hampers is subject to availability and may vary according to season, and thus is not guaranteed.
  • 2.8 The product images shown on the website are intended for presentation purposes only. Our products are configured for safe and secure transit using the appropriate packaging methods employed at Zest & Berry’s discretion.
  • 2.9 Our baskets are produced by a third party supplier. Subject to availability disruption they may vary in colour / shade from the examples pictured.
• 3. Delivery
  • 3.1 Zest & Berry will do our best to ensure deliveries are made on the requested date. Our dates however serve as estimates only and cannot be guaranteed in any way.
  • 3.2 Any claim for non-delivery of any goods shall be notified in writing by the Customer to Zest & Berry within 5 days of the intended delivery date. Any claim for damage to any goods shall be notified in writing by the Customer to Zest & Berry within 24 hours of delivery.
  • 3.3 It is the Customers responsibility to ensure that all order and delivery details are correct at point of order. Changes to the delivery details can be made up to midnight two days before delivery.
  • 3.4 Zest & Berry reserves the right to impose a surcharge retrospectively for any balance arising from the selection of an incorrect delivery zone. If the Customer is in any doubt as to the correct delivery option for their chosen destination it is their responsibility to consult Zest & Berry prior to placement of order.
  • 3.5 If you have any questions regarding our delivery locations, please contact our customer care team at enquiries@zestandberry.com.
  • 3.6 Our guarantee is to deliver to the building address, not individual recipients.
  • 3.7 Zest & Berry do not accept any responsibility for any loss, damage, delay or disruption in supply and deliveries brought about as a result of any of the following:
    Inaccurate or incomplete delivery address details;
    Delayed payment (cleared funds);
    Delayed order receipt.
  • 3.8 Zest & Berry reserve the right to charge the Customer an additional fee for carriage, repeat handling or unusable content in the event of a failed delivery caused by the supply of an incorrect delivery address by the Customer, or due to recipient absence.
• 4. Ordering & Payment
  • 4.1 All goods remain the property of Zest & Berry until they have been paid for in full (cleared funds).
  • 4.2 Orders are not accepted until the point of dispatch.
  • 4.3 Prices quoted are subject to change without notice.
  • 4.4 Payment for all Products and Services must be by credit or debit card. We use third party payment providers Paypal and Stripe.
  • 4.5 Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our privacy policy available on our Website. Zest & Berry does not have access to view your full credit or debit card details.
  • 4.6 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and in terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), cost (including cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
  • 4.7 By subscribing to one of our products you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
  • 4.8 Cancelling or pausing your subscription is easy. You just need to go to your account area on our Website and follow these steps (this must be completed by 11:59 PM five days before the following week’s delivery):
    1. Log in on the Zest & Berry Website;
    2. Click on Your Account Settings;
    3. Click on Plan Settings;
    4. Click on ‘Stop My Deliveries’ at the bottom of the page;
    5. Follow the steps to deactivate or cancel.
  • 4.9 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
• 5. Returns
  • 5.1 We will be unable to refund your order (including postage & packaging) once it has delivered.
• 6. Force Majeure
  • 6.1 Zest & Berry shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by factors outside its control.
• 7. Law and Jurisdiction
  • 7.1 This agreement shall be governed by English Law
• 8. Competitions and Giveaways
  • 8.1 Zest & Berry may promote competitions or giveaways from time to time. In the event of any conflict or inconsistency with any other terms and conditions or communications for Zest & Berry competitions, the specific terms and conditions will prevail. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.
  • 8.2 The Promoter will be Zest & Berry. For details of the Supplier, promotional period, entry instructions, please see individual promotion information. Eligibility: Promotions, giveaways and competitions (collectively “Prize Promotions”) are valid for UK residents only (excluding Scottish Highlands & Islands). Entrants must be aged 18 years or over, excluding employees and their immediate families (spouse, parent, child, sibling, grandparent and/or “step” family), of The Promoter, associated agents or anyone professionally connected with the prize promotion.
  • 8.3 Winner Selection / notification: Prize draw winner(s) will be randomly selected by a computerised random generator from all entries. Skills based entries shall be judged based on the judging criteria as set out in the promotion.
  • 8.4 Winner Notification: Where notification is required, the winner(s) will be notified via direct message on the platform they have entered through within 14 days of the closing date. Where applicable, Prize will be automatically allocated to the winner’s Zest & Berry account or Zest & Berry will organise for box delivery the week following confirmation with the winner.
  • 8.5 Promoter’s decision is final and binding. No correspondence will be entered into.
  • 8.6 Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prizes are not transferable and cannot be resold.
  • 8.7 The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
  • 8.8 The Promoter reserves the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
  • 8.9 You agree that if you are a winner, you will take part in and cooperate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.
  • 8.10 Where a prize is provided by a Supplier, the Promoter accepts no responsibility for inaccuracy of any prize description, and The Supplier is responsible for prize fulfilment.
  • 8.11 The Promoter and the Supplier reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.
  • 8.12 Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion.
• 9. Payment Collection
  • 9.1 If payment is not processed when re-attempted by Zest & Berry we reserve the right to recover the debt through alternative means, either directly or through a third party debt collection agency.
  • 9.2 Zest & Berry may contact you via email, letter, call or SMS to retrieve the funds.
  • 9.3 If the payment has not been settled or we do not gain any satisfactory guarantee for payment your contact details and order information may be referred to a third-party debt collection agency. You will be liable for any fees or charges incurred due to this referral.
  • 9.4 We reserve the right to suspend or terminate your service when there is an outstanding balance on your Zest & Berry account.
• 10. Transfer of Right and Obligations
  • 10.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
  • 10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • 10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
• 11. Intellectual Property Rights
  • 11.1 We are the owner or the licensee of all intellectual property rights in our Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  • 11.2 You may print off one copy, and may download extracts, of any pages from our Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
  • 11.3 If you post comments on the Products or Services to any Website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Website and in any advertising or social media outlets which we may create or contribute to.
• 12. Events Outside Our Control
  • 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
  • 12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 22.2.1 Strikes, lock-outs or other industrial action;
  • 12.2.1 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 12.2.2 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 12.2.3 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 12.2.4 Impossibility of the use of public or private telecommunications networks;
  • 12.2.5 The acts, decrees, legislation, regulations or restrictions of any government; and
  • 12.2.6 Pandemics or epidemics.
  • 12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
• 13. Our Right to Vary these Terms and Conditions
  • 13.1 We have the right to revise and amend these terms and conditions (including the Privacy Policy) from time to time without prior notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
  • 13.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).