Terms & Conditions
OVERVIEW/ INTRO
Welcome to the Tropical Sun website! This website is operated by Tropical Sun Foods. Throughout the site, the terms “we”, “us” and “our” refer to Tropical Sun Foods. The term “you” refers to the service user. The term “service” refers to our provision of the Tropical Sun Foods website (www.tropicalsunfoods.com), including but not limited to the sales of Tropical Sun products. The terms “Terms & Conditions” and “Terms” refer to terms under which the service user uses the service.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By visiting our site and/ or purchasing a product from us, you engage in our service and agree to be bound by our terms and conditions, including those additional terms and conditions referenced herein.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/ or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Our orders are fulfilled by a trusted third-party supplier. Information relating to delivery and returns can be found on our Delivery & Returns page.
Please read these Terms of Service carefully before using our website.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the terms can result in an immediate termination of your Services.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
MODIFICATIONS TO THE SERVICE AND PRICES
All prices are inclusive of VAT at the current rates and are correct at the time of entering the information onto this website. Where VAT is charged on delivery, it is also included in the price shown.
Where we charge separately for delivery and other relevant charges, these charges will be shown separately at checkout.
Our prices are reviewed periodically, but all prices shown are subject to change. Any changes to an item already ordered will be notified via email and not processed until confirmed.
All payment of surcharges are non-negotiable.
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the service without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
PRODUCTS AND SERVICES
Most items stocked have lengthy Best Before End (BBE) dates of many months or even years, but this may not always be the case. All mail-order products will have at least 2 weeks until BBE on the day of dispatch.
Certain products and services may be available exclusively online through the website. These products and services may have limited quantities and are subject to return or exchange only according to our Delivery & Returns policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Product ingredients, prices and descriptions are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/ or orders that use the same billing and/ or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/ or billing address/ phone number provided at the time the order was made.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
ORDERING FROM US
Prior to completing an order, as part of our checkout process, you will be given the opportunity to review your order and to correct any errors. Once the order is completed, we will send you an order acknowledgement detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order. All products ordered are thoroughly checked for any damage before dispatch. We do not dispatch damaged goods.
We reserve the right to cancel or refuse an order without reason. Cancellations may occur if:
- products are unavailable
- we cannot obtain authorisation for your payment
- there has been a pricing or product description error
- you do not meet any eligibility criteria set out in our terms and conditions
Offers are at the discretion of our management and may be withdrawn without notice. Offers cannot be used in conjunction with any other offer.
PAYMENT
Our primary Payment Service Provider (PSP) is Sage Pay. Their privacy policy can be found at https://www.sagepay.co.uk/policies/privacy-policy
Our secondary PSP is Paypal. Their privacy policy can be found at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate information for all purchases made at our store. You agree to promptly update your account and other information, including your contact and payment details, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/ or features through the website (including, the release of new tools and resources). Such new features and/ or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content and we will not have any liability or responsibility for any third-party materials or websites, nor for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g. 'Submit Your Recipes' and 'Send Us Your Snaps') or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise including text, photographs, graphics, video and audio, you agree to grant us, without restriction, a perpetual, non-exclusive, sub-licensable right and license to use, reproduce, edit, copy, publish, distribute, translate, modify, adapt, create derivatives works from, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/ or to incorporate your contribution in other works in any media now known or later developed .
If you do not want to grant us the rights set out above, please do not submit your contribution to TropicalSunFoods.com.
Further to the above, by submitting your contribution to TropicalSunFoods.com, you:
warrant that your contribution;
(1) is your own original work and that you have the right to make it available to TropicalSunFoods.com for all the purposes stated above;
(2) is not defamatory
(3) does not infringe any law; and that you
- will indemnify Tropical Sun against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warrants; and that you
- waive any moral rights in your contribution for the purposes of its submission to and publication on TropicalSunFoods.com and the purposes specified above.
We are and shall be under no obligation; (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or our Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments or contributions you make. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws including regional, national and international; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may in any way affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tropical Sun Foods, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable (whether such losses were foreseen, unforeseeable, known or otherwise) for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tropical Sun Foods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination of service shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to sun@tropicalsunfoods.com.
PRIVACY POLICY
This privacy policy sets out how "Tropical Sun Foods™" uses and protects any information that you give "Tropical Sun Foods™" when you use this Website.
"Tropical Sun Foods™" is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.
a) What we collect:
We may collect the following information:
-name and job title
-contact information including email address
-demographic information such as post code, preferences and interests
-other information relevant to customer surveys and/or offers
b) What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
-Internal record keeping.
-We may use the information to improve our products and services.
c) We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
d) We may use the information to customise the Website according to your interests.
a) We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
b) How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.
Further information about our use of cookies is available here https://tropicalsunfoods.com/pages/terms-conditions
c) Links to other websites
Our Website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other Website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the Website in question.
d) Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
-whenever you are asked to fill in a form on the Website, look to see if there is a box that you can tick to indicate that you do not want the information to be used by anybody for direct marketing purposes.
-if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at sun@tropicalsunfoods.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Wanis Ltd, Unit 1, Golden House, Leyton, E10 7FE.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
9) Copyright Notice
This Website and its content is copyright of "Tropical Sun Foods™" - © "Tropical Sun Foods™" 1996. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only.
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
- you may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Website or other form of electronic retrieval system.
10) Email Disclaimer
Email's and its attachments may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of "Tropical Sun Food™".
If you are not the intended recipient of this email and its attachments, you must take no action based upon them, nor must you copy or show them to anyone.
Please contact the sender if you believe you have received this email in error.
