TERMS & CONDITIONS

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or policy materials. 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.

Brand and Data Controller: Agrial Fresh Produce Limited registered in England and Wales with company number 3687920, whose registered office is Florette House, Wood End Lane, Lichfield, Staffordshire WS13 8NF, United Kingdom.

Eligibility:

1. This “Freshness Guaranteed, or your Money Back” (”The Policy”) is only open to residents aged 18+, in the UK and ROI and excludes employees and the immediate families of Florette (“The Policy”), its affiliated companies, agents, associates or anyone else professionally connected to the Freshness Guarantee.
2. Internet access required as claims can only be made online. There is no postal or telephone claim route.
3. The Freshness Guaranteed policy is continuously ongoing.

Consumer Freshness Guarantee:

4. IMPORTANT: The guarantee is valid until the use by date or if opened before the use by date, 24 hours from opening. Claimant must retain their original receipt and packaging and submit their claim within 28 days of the purchase of the product in question. The guarantee can be claimed with any qualifying pack of Florette.

Qualifying products:

5. In order to claim please visit www.florettesaladfreshnessguaranteed.co.uk. Failure to include any of the below information will render the claim invalid:
   1. Full name (as it appears on claimant’s bank statement)
   2. Email address
   3. Postal address
   4. An original itemised till receipt with purchase date which must be no earlier than 28 days prior to claim.
   5. A photo of the product packaging including use by date
   6. A statement of a minimum of 15 words, saying why claimant doesn’t believe the product is fresh under the circumstances in clause 4
   7. A UK or ROI bank account in order to complete the BACs refund
6. If the claim is valid, the claimant will receive a refund to the value of the product as stated on the original receipt but not exceeding £2/€2.50. The BACS transfer will be received within 28 days of claim submission, to the name and bank details sent with their claim. If the claimant enters incorrect details and therefore the claim is not accepted the 28 days will begin from when the claimant enters their correct details, and the claim is accepted. If claims are not accepted claimants will receive an email notifying them.
7. If the claimant has purchased the product on a “2 for £3/€3” promotional deal and both products are not fresh, then the total value of the products will be reimbursed to the maximum value of £3/€3. If only one of the products is not fresh, then the total value of the product will be reimbursed to the maximum value of £1.50/€1.50.
8. Products that are within the “2 for £3/€3” offer will be classed as 2 claims. 1 pack = 1 claim.
9. Products within offers such as “2 for £2” are eligible for claim as long as they do not exceed the maximum claim amount. If both products are claimed against this will be classed as 2 claims as 1pack = 1 claim.
10. Claims which do not include all information required will be deemed as invalid. If consumers have an issue submitting their claim please email  info@florettesaladfreshnessguaranteed.co.uk
11. The Policy is limited to 2 claims per household within a 12-month period, which starts from the date of the first claim made, and a maximum of 2 claims per transactional receipt. The Company will not accept any further claims from the same households, bulk claims or claims submitted on behalf of other people.
12. The Company reserves the right to refuse any claim, if in its reasonable view, the Claimant’s conduct has been inappropriate, unlawful, or offensive or is likely to bring the policy into disrepute.
13. No photocopies will be accepted. No claims from agents, third parties, organised groups or applications automatically generated by a computer will be accepted.
14. Incomplete, misdirected, or illegible claims or those not in accordance with the application instructions will not be accepted. Proof of sending will not be accepted as proof of delivery. The Company takes no responsibility for claims delayed or lost due to technical reasons or otherwise.
15. By claiming under the “Freshness Guaranteed, or Your Money Back” policy, all claimants will be deemed to have accepted and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this Guarantee and any other purposes to which the claimant has given positive consent. All claim instructions form part of the rules.
16. Florette “Freshness Guaranteed, or Your Money Back” claims cannot be made via any retailer or instore. In order to make a claim please visit www.florettesaladfreshnessguaranteed.co.uk.
17. Consumers’ statutory rights remain unaffected.
18. The Company’s decision is final with regard to all matters to do with the policy and claims, and no correspondence will be entered into.

General:

19. In the event of circumstances beyond the control of the Company, or in cases of fraud, abuse and/or error (human or computer) that affect or could affect the proper operation of the “Freshness Guaranteed, or Your Money Back” policy, and only when the circumstances are unavoidable, the Company reserves the right to cancel or modify the “Freshness Guaranteed, or Your Money Back” policy or these Terms and Conditions at any time, but will always endeavour to minimise the impact on the participant in order to avoid undue disappointment.
    The Company reserves the right to conduct audits on all claims and claimants and request proof of identity and further verification if required. The Company reserves the right to refuse a refund, or refuse further participation in the “Freshness Guaranteed, or Your Money Back” policy where there are reasonable grounds to believe that there has been a violation of these terms. These include any instances in which a participant in participating in the “Freshness Guaranteed, or Your Money Back” policy or would have claimed by fraudulent means.
20. The information the claimant provides will only be used for the purpose of facilitating the “Freshness Guaranteed, or Your Money Back” policy.

Limitations of liability

21. In the event of any problems or complaints arising, they must be first addressed to the Company by emailing info@florettesaladfreshnessguaranteed.co.uk.
22. Neither the Company, its agents or anyone professionally connected to the “Freshness Guaranteed, or Your Money Back” policy assume any responsibility or liability for:
    1. Any incorrect or inaccurate claims made, or for any faults, failures or errors in any electronic data transmissions.
    2. Communications line failure, regardless of cause, with regards to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this “Freshness Guaranteed, or Your Money Back” policy.
    3. Inaccessibility or unavailability of the internet or any combination thereof.
    4. Any unauthorised access to, or theft, destruction or alteration of packs at any point during the operation of this “Freshness Guaranteed, or Your Money Back” policy.
23. The Company and its associated agencies and companies will not be liable for any loss, expense or damage of any kind which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this policy, except for any liability which cannot be excluded by law in which case that liability is limited to the minimum allowable by law.
24. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect for Benchmark Graphics.
25. These Terms and Conditions and any related disputes are subject to interpretation under the laws of England and Wales, and to the jurisdiction of the courts of England and Wales unless your residential address is in Scotland, N.Ireland or Republic of Ireland where local law applies.

Policy for the Processing of Personal Data:

26. (“Florette” or “we” or “us”) takes data privacy seriously. Our Privacy Policy describes how Florette as controller within the meaning of the General Data Protection Regulation (“GDPR”) and other applicable data protection legislation collects and processes the personal data and other information of the users. All consumer data collected from Claimants will only be used to fulfil claims for the Freshness Guarantee. All consumer data will be deleted within 12 months of 1st or 2nd claim made by consumer, to ensure claims can be verified. Please click here: https://www.florettesalad.co.uk/privacy. You can request access to your personal data, or have any inaccuracies rectified, by sending an email to info@florettesaladfreshnessguaranteed.co.uk. By participating in the Policy, you agree to the use of your personal data as described here.