Terms & Conditions of Supply

Fresh Food Packaging Ltd is a company registered in England and Wales.

In these Terms, "Fresh Food Packaging", "we", "us" and "our" refer to Fresh Food Packaging Ltd.

"Customer", "you" and "your" refer to the person, company or organisation purchasing or requesting products or services from us.

Our products and services are primarily supplied to businesses and organisations.

Unless expressly agreed otherwise in writing, orders placed with Fresh Food Packaging are treated as business-to-business transactions.

If you are purchasing wholly or mainly as a consumer rather than for business purposes, please contact us before ordering, as additional statutory consumer rights may apply.

Nothing in these Terms excludes any rights which cannot lawfully be excluded.

Fresh Food Packaging manufactures and supplies custom printed food and beverage packaging, including paper cups and related products.

Products may be available in different:

• Sizes
• Constructions
• Paper and board specifications
• Barrier or lining types
• Single-wall or double-wall formats
• Print specifications
• Quantities
• Finishing options

The exact specification applicable to an order will be the specification shown in the relevant quotation, order confirmation or product page.

Product availability and specifications may change from time to time.

Unless otherwise stated, quotations are valid for 30 days from the date of issue.

A quotation does not constitute acceptance of an order.

We reserve the right to withdraw or amend a quotation before an order has been accepted.

Quotations are based on the information and specifications supplied to us by the Customer. If those requirements subsequently change, we may revise the price, production time or other terms of the quotation.

Unless otherwise stated, prices are quoted exclusive of VAT and delivery.

Orders may be placed through our website, ecommerce platform, email, quotation system or another method agreed by us.

An order becomes binding when it has been accepted by Fresh Food Packaging.

For custom printed products, production may also be conditional upon:

• Receipt of cleared payment or agreed credit arrangements
• Receipt of suitable artwork
• Approval of artwork or digital proof
• Confirmation of product specification
• Confirmation of quantity
• Availability of required materials

We reserve the right to refuse or cancel an order before production begins where we reasonably cannot manufacture or supply the requested product.

If we cancel an order for which payment has already been received and the cancellation is not caused by the Customer, we will refund the relevant amount paid.

Certain custom manufactured products are subject to minimum order quantities.

Our standard minimum order for certain custom printed cup products may begin from 1,000 cups per size and design, unless otherwise specified.

Different minimum quantities may apply depending on product type, cup size, material, construction, artwork or manufacturing method.

The applicable minimum quantity will be displayed or confirmed before an order is accepted.

Customers are responsible for supplying artwork that meets our technical requirements unless artwork or design services have separately been agreed.

Artwork should be supplied in the format and specification requested by Fresh Food Packaging.

We may make minor technical adjustments where reasonably necessary to prepare artwork for production.

We are not responsible for errors contained in artwork supplied or approved by the Customer, including:

• Spelling errors
• Incorrect telephone numbers
• Incorrect website addresses
• Incorrect colours specified within artwork
• Incorrect logos
• Low-resolution images
• Incorrect barcodes or QR codes
• Missing information
• Design errors

Customers should carefully check all artwork before approval.

Where an artwork proof is provided, production will not normally begin until the Customer has approved the proof.

Approval of artwork constitutes authority to manufacture the product shown.

Once artwork has been approved and production has commenced, changes may not be possible.

The Customer is responsible for checking:

• Text
• Spelling
• Contact information
• Logos
• Layout
• Positioning
• Product size
• Cup size
• Design
• Quantities
• Any other information contained within the proof

Fresh Food Packaging will not normally be responsible for an error which was visible on an artwork proof approved by the Customer.

By supplying artwork, logos, trademarks, photographs, designs or other materials to Fresh Food Packaging, the Customer confirms that they own the relevant rights or have permission to use those materials.

The Customer authorises Fresh Food Packaging to reproduce those materials solely as necessary to manufacture and supply the ordered products and provide related services.

The Customer is responsible for any claim arising from materials supplied by them which infringe another person's intellectual property rights.

Fresh Food Packaging retains ownership of intellectual property created independently by us, including manufacturing processes, systems, templates and other proprietary materials, unless otherwise agreed in writing.

Printed colours can vary from colours displayed on computer screens, mobile devices and office printers.

Digital proofs are primarily intended to demonstrate content, positioning and layout and should not automatically be treated as exact colour proofs.

Reasonable colour variation may occur between:

• Different production runs
• Different paper stocks
• Different barrier materials
• Different cup constructions
• Different printing processes
• Previously manufactured products

Where colour accuracy is particularly important, the Customer should inform us before approving the order so that appropriate colour requirements can be discussed.

Minor commercially acceptable variations in colour do not constitute a defect.

Custom packaging is a manufactured product and reasonable production tolerances may occur.

These can include minor variations in:

• Colour
• Print position
• Cutting
• Dimensions
• Seams
• Registration
• Material appearance
• Finished quantity

Unless otherwise agreed in writing, commercially reasonable manufacturing tolerances will apply.

Custom manufacturing may result in a small overrun or underrun against the ordered quantity.

Unless otherwise specifically agreed, Fresh Food Packaging reserves the right to supply a commercially reasonable quantity above or below the quantity ordered.

Where a material quantity tolerance is expected for a particular manufacturing process, this should be stated in the quotation or order documentation where practicable.

Customers requiring an exact quantity must notify us before production.

Any production lead time shown on our website or provided in a quotation is an estimate unless expressly guaranteed in writing.

Where we advertise production in as little as 5 working days, this applies only to eligible orders.

The production period will normally begin after all requirements necessary for production have been completed, including:

• Artwork approval
• Payment or approved credit arrangements
• Final specification confirmation
• Availability of required materials

Production time does not automatically include delivery time.

Different products, quantities, materials and specifications may require longer production periods.

Express production may be available for eligible orders.

Acceptance of an express order is subject to production capacity, materials, artwork approval and product specification.

Any express-production surcharge will be confirmed before the order is accepted.

Where a particular completion date is critical, this must be agreed with Fresh Food Packaging in writing before the order is placed.

We deliver using our own transport and/or third-party courier and logistics providers.

Delivery times quoted are estimates unless expressly agreed otherwise in writing.

Next-working-day delivery may be available to many UK destinations following completion of production, but availability depends on postcode, order size, carrier services and collection cut-off times.

Some areas may require additional delivery time or charges, including certain:

• Scottish Highlands
• Islands
• Offshore destinations
• Northern Ireland destinations
• Other remote locations

Delivery is separate from manufacturing lead time unless expressly stated otherwise.

We will take reasonable steps to dispatch orders within the expected timeframe.

However, we are not responsible for delays caused by circumstances outside our reasonable control, including:

• Courier or carrier disruption
• Severe weather
• Road closures
• Industrial action
• Power failures
• Equipment failure despite reasonable maintenance
• Material shortages
• Supplier disruption
• Customs disruption
• Fire
• Flood
• Government action
• Other events outside our reasonable control

Where a delay occurs, we will endeavour to communicate with the Customer and minimise disruption.

The Customer is responsible for providing an accurate delivery address and ensuring that somebody can receive the goods where reasonably required.

Customers should inspect deliveries as soon as reasonably practicable after receipt.

Any visible damage, shortages or incorrect products should be reported to us promptly and, where possible, supported by photographs of:

• The products
• Outer packaging
• Delivery labels
• The relevant defect or damage

Please retain affected products and packaging until we have had a reasonable opportunity to investigate.

Unless expressly stated otherwise:

• Prices are in pounds sterling
• Prices exclude VAT
• VAT will be charged at the applicable rate
• Delivery may be charged separately
• Additional services may incur additional charges

We reserve the right to correct obvious pricing errors before an order is accepted.

Once an order has been accepted, we will not normally change the agreed price unless the Customer requests a change to the specification or quantity.

Payment terms will be those displayed at checkout, stated in the quotation or otherwise agreed in writing.

We may require full payment before production for custom manufactured products.

Approved trade customers may be offered credit terms at our discretion.

We may carry out reasonable credit checks before providing credit.

Where payment becomes overdue, we reserve the right to:

• Suspend further production
• Withhold dispatch
• Suspend the Customer's account
• Withdraw credit facilities
• Exercise any rights available to us under applicable law concerning late payment of commercial debts

Risk in products passes to the Customer upon delivery unless otherwise agreed.

Where goods have been supplied on credit, title to those goods will remain with Fresh Food Packaging until we have received payment in full for the relevant goods, to the extent permitted by law.

Custom printed and bespoke products are manufactured specifically for the Customer.

Once artwork has been approved or production has commenced, an order cannot normally be cancelled, changed or refunded simply because the Customer changes their mind.

If cancellation is requested before production begins, we will consider the request where reasonably possible.

We may deduct costs already incurred, including:

• Artwork preparation
• Pre-production work
• Materials specifically purchased for the order
• Printing preparation
• Administration
• Other non-recoverable costs

This does not affect the Customer's rights where products are defective or do not conform to the agreed specification.

Because custom printed products are manufactured specifically for the Customer, they cannot normally be returned for resale.

Returns will therefore generally only be accepted where:

• Products are materially defective
• Products materially differ from the agreed specification
• The wrong products have been supplied
• We otherwise agree to accept the return

Customers should contact sales@freshpackage.co.uk before returning goods.

Goods should not be returned without prior agreement.

If you believe products are defective, please contact us promptly and provide:

• Order number
• Description of the issue
• Quantity believed to be affected
• Photographs or video where appropriate
• Any other information reasonably required to investigate

We may request samples of the affected products.

Where we confirm that products are materially defective or materially fail to conform to the agreed specification, we may, as appropriate:

• Replace affected products
• Re-manufacture affected products
• Issue a credit
• Refund the price attributable to affected products

The appropriate remedy will depend on the circumstances and applicable law.

Customers are responsible for selecting a product suitable for their intended use.

Different packaging constructions may have different properties and disposal requirements.

Where relevant, Fresh Food Packaging can provide available technical or product information to assist customers in understanding a product specification.

Customers must follow applicable product-use, storage and disposal instructions.

Customers should contact us before ordering if their intended application involves unusual temperatures, contents, storage conditions or other requirements outside ordinary use.

Where available, products may be manufactured using different barrier technologies, including PE-lined, PLA-lined and aqueous barrier-grade papers.

These materials have different characteristics and may be subject to different recycling, composting, waste collection and disposal infrastructure.

Customers should not assume that a particular product is recyclable, compostable, plastic-free or suitable for a particular waste stream unless this is expressly stated in the applicable product specification and supported by the relevant requirements or certification.

Paper packaging should be stored appropriately before use.

Unless specific storage instructions are supplied, products should generally be kept:

• Dry
• Indoors
• Away from excessive heat
• Away from excessive humidity
• Away from direct sunlight
• In appropriate packaging until required

We are not responsible for deterioration caused by unsuitable storage or handling after delivery.

Samples are provided for evaluation purposes.

A sample may not always represent the exact appearance of a subsequent production run, particularly where different materials, print processes, substrates or manufacturing conditions apply.

Any charge for samples or sample delivery will be communicated before supply.

We take reasonable care to ensure information on our website is accurate.

However, product images, illustrations, colours and representations are provided for general guidance and may not exactly represent the finished product.

We may update product information, specifications and availability without notice.

Obvious website errors do not create a binding obligation to supply a product on incorrect terms.

Promotional offers and discount codes may be subject to separate conditions.

Unless otherwise stated:

• Offers cannot be combined
• Discounts have no cash value
• Promotions may be withdrawn or changed
• Promotional codes must be applied before an order is completed
• Discounts cannot normally be applied retrospectively

Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to those exceptions and to the fullest extent permitted by law, Fresh Food Packaging will not be liable for indirect or consequential losses arising from a business transaction, including loss of profit, loss of revenue, loss of business, loss of anticipated savings or loss of opportunity.

For business customers, our total liability arising from a particular order will, to the fullest extent permitted by law, normally be limited to the amount paid or payable to Fresh Food Packaging for the products giving rise to the claim.

Nothing in this clause affects rights which cannot lawfully be limited or excluded.

Fresh Food Packaging will not be responsible for failure or delay in performing its obligations where caused by events outside our reasonable control.

Where such an event materially affects an order, we will take reasonable steps to notify the Customer and resume performance as soon as reasonably practicable.

Where either party receives confidential commercial or technical information from the other in connection with an order, that information should be treated as confidential and not disclosed except where reasonably necessary to perform the contract or where disclosure is required by law.

Personal information is handled in accordance with our Privacy Policy.

We may update these Terms from time to time.

The version applying to an order will normally be the version in force when the order was accepted.

The latest version will be published on our website together with the date it was last updated.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

Unless expressly stated otherwise, a person who is not a party to the contract between Fresh Food Packaging and the Customer has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

Where the Customer is acting in the course of business, the courts of England and Wales will have jurisdiction over disputes arising from or connected with these Terms.

If you have any questions regarding these Terms or an order, please contact: