Fresh Figs – Delivery, Damage, Insurance & Refund Terms

Aqsa Trading Ltd

These terms apply to orders for fresh figs placed through our website or other distance-selling channels and delivered within the United Kingdom.

1. Fresh Fig Quality

All fresh figs are carefully inspected before packing and dispatch.

We take reasonable care to ensure that the figs supplied are of satisfactory quality, fit for their intended purpose and as described at the time of sale.

Because fresh figs are a natural and perishable product, there may be normal variations in size, colour, shape and appearance. These natural variations do not, by themselves, mean that the product is defective.

2. Packing and Pre-Dispatch Evidence

Before dispatch, we carefully select, inspect and pack the figs using appropriate packaging for transportation.

We may record photographs or video showing:

• the condition of the figs before packing;

• the packing process from beginning to end;

• the condition of the parcel;

• the sealing of the package; and

• the completed parcel before it is handed to the delivery carrier.

These records may be retained as evidence of the condition of the order when it left our premises.

Customers may request reasonable photographic or video evidence of their order before dispatch, where practicable.

3. Delivery and Insurance Charges

The applicable delivery charge must be paid before the order is dispatched.

For every shipment containing fresh figs, an additional £5 insurance and delivery protection charge will apply on top of the standard delivery charge.

The £5 charge is per shipment, not per item or per kilogram of figs.

The additional charge is intended to provide enhanced protection for the shipment and to allow us to submit an appropriate claim to the delivery carrier if the figs are damaged during transportation, subject to the carrier's applicable terms, conditions, exclusions and limits.

Payment of the £5 insurance and delivery protection charge does not guarantee that a claim will automatically be accepted or paid. Any claim will be assessed in accordance with the applicable carrier or insurance terms.

Payment for additional delivery protection does not remove or restrict any statutory rights that the customer may have under UK law.

4. Delivery of Perishable Goods

Fresh figs are perishable and can naturally deteriorate over time.

We will take reasonable care when preparing the figs for delivery. Customers should follow any storage instructions provided with the order and should inspect the figs as soon as reasonably practicable after delivery.

The perishable nature of the product does not remove any legal rights the customer may have where the goods are faulty, not as described or otherwise fail to meet applicable legal requirements.

5. If the Figs Arrive Damaged

If the figs arrive damaged, spoiled or in a condition that appears materially different from what could reasonably be expected, please contact us as soon as possible.

To help us investigate the problem, customers should provide:

• photographs of the outer packaging;

• photographs of the inside packaging;

• clear photographs of the damaged figs;

• a video of the condition of the order where reasonably possible;

• photographs of any visible damage to the parcel; and

• the order number and delivery date.

Customers should retain the packaging and affected goods until we advise otherwise, as these may be required as evidence.

6. Damage During Transportation

If the evidence indicates that the damage may have occurred during transportation, we will investigate the matter and, where appropriate, submit a claim to DHL or the relevant delivery carrier.

We may use our packing photographs or video, delivery records, customer photographs, videos and other relevant evidence when making a carrier claim.

The carrier will assess any claim according to its own applicable terms and conditions.

We will cooperate reasonably with the customer and the carrier throughout the claims process.

7. Refunds, Replacements and Other Remedies

Where the customer has a legal right to a refund, replacement, repair or other remedy under applicable UK consumer law, that right is not dependent upon the carrier first paying compensation to us.

Where a carrier accepts a claim and pays compensation to us in respect of damaged goods, we will deal with the compensation in accordance with the customer's applicable legal rights and the outcome of the claim.

Nothing in these terms is intended to exclude or restrict any statutory consumer rights that cannot legally be excluded or restricted.

8. Reporting Problems

Customers should report any problem with the delivery promptly after receiving the order.

Prompt notification is important because fresh produce is perishable and because the carrier may impose time limits or evidence requirements for damage claims.

However, failure to report a problem immediately does not automatically remove any statutory rights that the customer may have.

9. Cancellation of Orders for Fresh Figs

Fresh figs are perishable goods and may be liable to deteriorate or expire rapidly.

Where applicable, the statutory cancellation rights that normally apply to distance contracts may not apply to goods that are liable to deteriorate or expire rapidly.

This does not affect the customer's legal rights where the figs are faulty, not as described, incorrectly supplied or otherwise fail to meet the requirements of applicable consumer law.

10. Food Safety

We take reasonable steps to ensure that the fresh figs supplied are handled, packed and delivered in accordance with applicable food-safety requirements.

If a customer believes that the figs are unsafe to eat, they should not consume them and should contact us immediately.

We will investigate genuine food-safety concerns and take appropriate action where necessary.

11. Carrier Delays

Delivery dates and estimated delivery times provided by the carrier are estimates unless a specific delivery date or time has been expressly agreed.

If a delivery is delayed, customers should contact us so that we can investigate the delivery status with the carrier.

Where a delay results in the goods becoming unsuitable for their intended purpose, the matter will be dealt with in accordance with the customer's applicable legal rights.

12. Evidence and Records

We may retain photographs, videos, order details, delivery records and communications relating to an order for the purposes of:

• quality control;

• investigating complaints;

• processing carrier claims;

• complying with legal obligations; and

• protecting the legitimate interests of our business and customers.

13. No Exclusion of Statutory Rights

Nothing in these terms excludes, restricts or limits any consumer right or legal liability that cannot lawfully be excluded or limited under applicable UK law.

In particular, these terms do not remove statutory rights relating to goods being of satisfactory quality, fit for purpose or as described.

If any provision of these terms is found to be unlawful, unfair or unenforceable, that provision will apply only to the extent permitted by law, and the remaining provisions will continue to apply.

14. Governing Law

These terms are governed by the laws of England and Wales, subject to any mandatory consumer protection rights that apply to the customer.

Nothing in these terms affects any mandatory legal rights available to consumers.

15. Important Customer Notice

By placing an order for fresh figs, the customer acknowledges that fresh figs are a natural and perishable product and that their condition can be affected by transportation, temperature, handling and delivery conditions.

We will take reasonable care in selecting, inspecting and packing the figs before dispatch.

Our packing process may be recorded to provide evidence of the condition of the goods before they leave our premises.

If a problem occurs during delivery, customers should provide photographs and/or video evidence as soon as possible so that we can investigate the matter and, where appropriate, pursue a claim against the delivery carrier.

We will deal with complaints and claims fairly and in accordance with applicable UK consumer, food-safety and other relevant laws.

These terms do not replace, remove or reduce any statutory rights the customer has under UK law.

Customer Acknowledgement

By placing an order for fresh figs, the customer confirms that they have read and understood these delivery, insurance and damage terms, including the additional £5 insurance and delivery protection charge per shipment.