Terms & Conditions

Terms & Conditions

FoodMarble (Guinness Enterprise Centre, Taylor’s Lane, Dublin 8, Ireland, registered in Ireland with the number 574999) hopes to make the purchase process easy and efficient; these Terms and Conditions are designed to ensure your satisfaction and understanding of the purchase process. This page sets out the terms on which FoodMarble makes Products on its Website available for purchase. Please take the time to read these Terms and Conditions carefully before making a purchase using the Website. By placing an Order, you represent and warrant that you have read and agree to these Terms and Conditions.

INTERPRETATION

The following definitions apply to these Terms and Conditions:

“As New” condition means the Products being in the same condition as they were when they were despatched for delivery – complete, unused, and without any damaging or marking of the Products or any part of them and/or any packaging connected with them including without limitation the original packaging, including any seals;

“Consumer” means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

“Contract” means the legally-binding agreement between you and FoodMarble for the supply of the Products;

“Delivery” means delivery takes place immediately upon the Products being signed for by or on behalf of you. Any person signing on behalf of you at your Delivery Location will be deemed to have your authority so to do.

“Delivery Location” means your address or other location where the Products are to be supplied, as set out in the Order;

“Order” means the Consumer’s accepted order for Products to be supplied by FoodMarble, as submitted following the step by step process set out on the Website;

“Our Premises” means FoodMarble Digestive Health Ltd., Guinness Enterprise Centre, Taylor’s Lane, Dublin 8, Ireland or such other address as we shall from time to time advise;

“Privacy Policy” means the terms which set out how FoodMarble deals with confidential and personal information received from you via the Website, as set out at https://v4.foodmarble.com/privacy-policy;

“Products” means the goods advertised on the Website that FoodMarble supply to you of the description, and in the quantity, as set out in the Order;

“Website” means the FoodMarble website, https://foodmarble.com on which the Products can be purchased.

When the words “writing” or “written” are used in these Terms and Conditions, this includes emails. When the words “the Supplier” or “us” or “we” or “our” are used in these Terms and Conditions, this is in reference to FoodMarble.

YOUR STATUS

By placing an order through the Website you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

OUR CONTRACT WITH YOU

The Order process is set out on the Website. A Contract will be formed for the Products ordered only when you receive an email from us confirming the Order (the “Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Products supplied under the Contract. We will assign you an order number which will be set out in the Order Confirmation. When an Order has been submitted on the Website, we reserve the right to reject it for any reason, although we will inform you of this rejection in writing and will not charge you for the Products ordered.

DESCRIPTIONS OF PRODUCTS

Descriptions and specifications of Products on the Website are not intended to be binding and are intended to give a general description of the Products. FoodMarble may make any changes in the specification or description provided that this does not materially affect the quality or performance of the Products. FoodMarble warrants that it has the right to supply all the Products offered by it on the Website and that the Products substantially comply with their description. In all other respects, and to the maximum extent possible, FoodMarble makes no other warranties or promises about the Products, and any implied warranties are excluded.

We reserve the right to make any changes to the Products which are necessary to in order to:

comply with any applicable law or safety requirement; or
implement minor technical adjustments and improvements,
If such changes are necessary, we will notify you of these changes in writing.

Purchases made on the Website are for the personal or gift use of the Consumer only and are not to be used for re-sale, commercial purposes, or any other commercial benefit.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see ‘RETURNS AND CANCELLATION POLICY’).

PRICE AND PAYMENT

The price of Products, and any additional delivery or other charges, is that set out on the order pages of the Website at the date of the Order, or any such other price as we may agree in writing. If your Delivery Location is in the European Union, prices and charges include VAT at the rate applicable at the time of the Order. you must pay by submitting your credit or debit card details with your Order. We will charge your debit or credit card immediately. For more information on the information we collect when you visit our site or make an order, please read the Privacy Policy.

RETURNS AND CANCELLATION POLICY

You can cancel the Order at any time up to and including the 14 days from the date of Delivery (the Cancellation Date) by using the procedure set out below provided your device is in an “As New” condition (see definition of “As New” above). If the procedure is not correctly invoked, you will be deemed to have accepted the Products immediately upon the expiry of the Cancellation Date. In all correspondence you must quote your order number and follow the following cancellation procedures:

E-mail us at hello@foodmarble.com requesting a return authorisation and give the reason for the return in writing;

As the FoodMarble AIRE is a product that you put to your mouth, we cannot accept returns for Products that have been used. Any returned Products must be in an “As New” condition.

Unless we agree in writing in advance to the contrary you must send the Products back to Us to arrive at Our Premises within 21 days of Delivery by an insured and tracked delivery method. You are responsible for the costs and risk of returning the Product;

Upon safe receipt of the Products from you, our returns department will test the Products and determine the condition of the Products;

If the Products are returned incomplete we will contact you to ask for you to return the remaining parts in the same manner as set out above. If the missing parts are not returned to us within 5 working days of us contacting you we reserve the right to charge you for the missing parts to make the product “As New”.

If the Products or any part of them is returned to us in a not “As New” condition we reserve the right to charge you for the repair or replacement of the Products and/or any part or to return the Products to you without refunding you and without any further liability on our part.

DELIVERY

The costs of delivery in relation to any Order will be displayed to you on our Website at the time you submit an order. Any times for delivery on the Website or in any correspondence to you shall be approximate and indicative only and shall not be binding upon us. You are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order. Risk in the Products shall pass to you upon Delivery. If you do not receive all parts of your Order please e-mail us at hello@foodmarble.com. In the unlikely event that the Products are damaged or faulty on Delivery you must inform us either by e-mail within 12 hours of Delivery.

INTELLECTUAL PROPERTY

FoodMarble and its licensors own all intellectual property rights in the Products. You shall acquire no interest or rights in FoodMarble’s intellectual property by virtue of this Contract.

WARRANTY

For warranty information, please see the Warranty here.

LIMITATION OF LIABILITY

In no event shall FoodMarble be liable for any incidental, indirect, special, exemplary, or consequential damages arising from or relating to these Terms and Conditions or the use of or inability to use or deliver any Products, even if FoodMarble knew or should have known of the possibility of such damages. FoodMarble’s aggregate cumulative liability arising from or relating to these Terms and Conditions and the use of, or inability to use, or deliver, any Products, whether in contract or tort or otherwise, shall in no event exceed the price paid by the Consumer for such Products.

FORCE MAJEURE

Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to these Terms and Conditions, other than the obligation to pay money, are inhibited or delayed by circumstances that the party cannot reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.

APPLICABLE LAW AND JURISDICTION

Except where otherwise required by the mandatory law of Ireland, or any other member state of the European Union/European Economic Area.

1. These Terms and Conditions are subject to the laws of Ireland, excluding the law (1987:899) of international purchases (the UN Convention on Contracts for the International Sale of Goods; CISG) and excluding the principles of conflict of laws (international private law), and

2. You hereby agree, and FoodMarble agrees, that disputes arising in connection with this agreement shall be resolved by arbitration, administered by the Chartered Institute of Arbitrators, Ireland. The arbitration shall take place in Dublin. The arbitration shall be held in English.

3. You and FoodMarble waive all right to trial by jury, and the right to participate in a class action or multi-party law-suit. Both you and FoodMarble acknowledge that each can bring claims against the other only in your or our individual capacity, not as a class member or in any capacity or proceeding of a representative.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which FoodMarble seeks equitable relief of any kind.

CONTRACTING COMPANY

This agreement is entered into between you and FoodMarble (FoodMarble Digestive Health Ltd.). FoodMarble reserves the right to fulfil our obligations according to this agreement through any subsidiary, parent or otherwise affiliated company, without notice to you.

Our Address

FoodMarble Digestive Health Ltd
Guinness Enterprise Centre, Taylor’s Lane
Dublin 8
Ireland
D08 YE0P

If you have any questions regarding these terms or otherwise, please contact Customer Care by e-mail:  hello@foodmarble.com.