Terms & Conditions

Refunds & Returns

Food Returns

You are entitled to a full refund if you cancel your order within 24 hours of placing the order.

You are entitled to a 50% refund if you cancel within 48 hours of placing the order.

After that point, we cannot offer a refund, although we will make every reasonable effort to help our customers on a case-by-case basis.

We do not accept returns on food products.

 

Kitchenware Returns

We have a 60-day return policy, which means you have 60 days after receiving your item to request a return.

To be eligible for a return, your item must be in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at jonny@banquist.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at jonny@banquist.com.


Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.


Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.


Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.


Privacy Policy

This Privacy Policy describes how www.banquist.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: shared with our processor Shopify.

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify.

Customer support information

  • Examples of Personal Information collected: Name, address, payment information
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • To perform a task carried out in the public interest;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

    Your rights

    GDPR

    If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

    Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

    Cookies

    A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

    We use the following cookies to optimize your experience on our Site and to provide our services.

    Cookies Necessary for the Functioning of the Store

    Name Function
    _ab Used in connection with access to admin.
    _secure_session_id Used in connection with navigation through a storefront.
    cart Used in connection with shopping cart.
    cart_sig Used in connection with checkout.
    cart_ts Used in connection with checkout.
    checkout_token Used in connection with checkout.
    secret Used in connection with checkout.
    secure_customer_sig Used in connection with customer login.
    storefront_digest Used in connection with customer login.
    _shopify_u Used to facilitate updating customer account information.

    Reporting and Analytics

    Name Function
    _tracking_consent Tracking preferences.
    _landing_page Track landing pages
    _orig_referrer Track landing pages
    _s Shopify analytics.
    _shopify_s Shopify analytics.
    _shopify_sa_p Shopify analytics relating to marketing & referrals.
    _shopify_sa_t Shopify analytics relating to marketing & referrals.
    _shopify_y Shopify analytics.
    _y Shopify analytics.

     

    The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

    You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

    Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

    Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

    Do Not Track

    Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

    Changes

    We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

    Contact

    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email address] or by mail using the details provided below:

    Unit 5, Kenrich Business Park, Elizabeth Way, CM195TL

    Last updated: [08/12/21]

    If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here :https://ico.org.uk/make-a-complaint/]

     

    Terms & Conditions

    Introduction

    This website is owned and operated by Banquist Ltd. Our company information is at the end of this document.

    Please read these terms and conditions carefully. They apply when you buy any goods via this site. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

    We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

    We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.

     

    Minor variations in goods

    We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance of our goods.

    The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.

     

    Your order

    Your order is an offer to buy from us on a one-off or recurring delivery basis.

    You place your order by using the ordering process on our website or our digital services including but not limited to our apps (the term “website” shall hereafter refer to the website and our other digital services). This involves making the selection on our site and transmitting the order to us by clicking on the “Purchase” button. This process permits you to check and amend any errors before making an order by using the internet browser back button. You can also change your order any time up to the relevant cut-off date / time (see further below).

    You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

    We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed.

    We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit if you have been charged.

    The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.

     

    Payment and price

    The price for the goods is as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise.

    Payment is required in advance as explained below.

    You authorise us and our third party payment providers to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Despatch of the goods is subject to our being able to charge your payment card.

    We will take your first payment when we accept your order.

    We may change our prices from experience to experience based on the contents of the hamper. We may from time to time offer some experiences which attract an additional surcharge. This surcharge is clearly shown on the website and will be added to the cost of your order should you choose these experiences.

    You must contact us immediately with full details if you dispute any payment.

     

    Discount codes and credits

    We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery surcharges and any additional clearly marked surcharges associated with certain experiences that may feature on the website from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

    Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

    We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. The validity period starts from the time the credit is allocated to your account. Any unused credit on your account will automatically expire if your account is closed.

    Refer-a-friend credits only apply if the referred user is a third party who has been genuinely referred by you on an arm’s length basis and if the delivery address is to a different address to that of the referrer.

    New user credits apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.

    We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these terms or is otherwise being abused.

    We may occasionally offer customers their nth box free. In order to successfully claim this free box, it must have the same or less monetary value as the first box you purchased, otherwise we reserve the right to withdraw this offer. Any additional surcharges for certain recipes and the cost of any items from the Market will still be applied in full to this box – the offer applies only to the standard recipes selected for the box.

     

    Delivery

    Delivery will be complete when we deliver to the address which you specify when ordering (regardless of whether anyone has actively received the delivery).

    Unless otherwise stated, delivery dates given on our website are estimates only. We have no liability for any losses arising from delay in delivery.

    If you receive notification that we have delayed delivery until someone is available, it is your responsibility to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we will use reasonable efforts to follow any special delivery instructions you have provided.

    We accept no liability for spoiled, damaged, lost, or otherwise affected goods as a result of your inability to receive the delivery on the nominated date of delivery.

     

     

    Allergies

    Our food is prepared in a shared kitchen and therefore all our food may contain traces of all allergens. We take every reasonable precaution to ensure there’s no cross-contamination. Banquist experiences are unsuitable for those with severe allergies. We accept no liability for allergic reactions.

     

    Risk and ownership

    Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.

     

    Liability

    Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

    You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

    The following clauses apply only if you are a Consumer:

    We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:

    • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

    • such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

    • such loss or damage is caused by you, for example by not complying with this agreement; or

    • such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).

    You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).

    The following clauses apply only if you are not a Consumer:

    Our liability of any kind (including our own negligence) is limited to the price paid for the goods

    In no event (including our own negligence) will we be liable for any:

    • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

    • loss of goodwill or reputation;

    • special, indirect or consequential losses; or

    • damage to or loss of data

    • (even if we have been advised of the possibility of such losses).

    You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

    To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

    This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

     

    Events outside our control

    We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

     

    English law

    These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

     

    General

    We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

    By placing an order, you are confirming that you are 18 years of age or older and that the supply of alcohol shall not be to anyone under the age of 18 years of age. We cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm your age before purchasing such products.

     

    Complaints

    If you have any complaints, please contact us via the ‘contact us’ button on the website.

     

    SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

    Banquist (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

    2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Banquist and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

    4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

    5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at seb@banquist.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

    6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

    8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

    9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

    10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

    11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Harlow, England before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Banquist’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

    13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

     

    SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

    When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

    When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

    Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

    Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

     

    Company information

    Company name: Banquist Limited

    Country of incorporation: England and Wales.

    Registered number: 12090778

    Registered office and trading address: Fodder Food Limited T/A Banquist, 12 Hadley Ridge, Barnet, Herts, England, EN5 5TE

    Other contact information: See our website.