General Terms and Conditions
NO NUTS JUST…CHOCOLATE COMPANY LIMITED
TERMS OF BUSINESS FOR ONLINE SALES
This page together with the documents referred to in it sets out the terms and conditions on which we supply any of the goods (“Goods”) referred to on our website at www.nonutsjustchocolate.com to you. You should read these terms and conditions carefully and in full before ordering any Goods from us via our website. By ordering any of our Goods, you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions and keep them safe for future reference.
1 Who we are
1.1
www.nonutsjustchocolate.com is a
website operated by No Nuts…Just Chocolate Company Limited (for the purposes of
these terms of use, referred to as “we”, “us” or “No Nuts…Just Chocolate”). We
are registered in England and Wales under company number 06676630 and with our
registered office and main trading address at 49 Woodfield Lane, Lower
Cambourne, Cambridge, CB23 6FD, UK. Our VAT number is 933 7672 96.
1.2
You” means the user of the website.
2
Who you are
2.1
By placing an order through our
website, you warrant to us that:
(a)
You are legally capable of entering
into binding contracts.
(b)
You are at least 18 years old.
(c)
You are resident in the UK.
3
Our contract
3.1
Once you have placed your order, we
will send you an e-mail acknowledging receipt.
Please note that this does not mean that we have accepted your
order. Your order constitutes your offer
to us to buy Goods from us. All orders
are subject to acceptance by us, and we will confirm our acceptance by sending
you an e-mail stating that the Goods have been dispatched (the “Dispatch
Confirmation”). There will be no
contract between us until we send you the Dispatch Confirmation.
3.2
The contract between us will relate
only to the Goods detailed in the Dispatch Confirmation. We will not be obliged to supply any other
Goods which may have been part of your order until such time as the dispatch of
those Goods has been confirmed in a separate Dispatch Confirmation.
4
Our relationship with third parties
4.1
In some cases, we accept orders as
agents on behalf of third party sellers. The resulting contract is between you
and that third party seller, and not between you and us. In these circumstances, the contract will be
subject to the terms and conditions of the third party seller, and they will
let you know what these are. You should
carefully review their terms and conditions, as these will apply to your
transaction.
4.2
Where we provide links on our
website to the websites of other organisations, (whether affiliated with us or
not), we cannot give any undertaking that any goods you purchase from companies
to whose website we have provided a link on our website, will be of
satisfactory quality, and any such
warranties are disclaimed by us absolutely.
This disclaimer does not affect your statutory rights against the third
party seller. If a third party is involved in a transaction, we will let you
know. Please note that we may disclose
your customer information related to that transaction to the third party
seller.
5
Consumer rights
5.1
If you are contracting as a
consumer, you may cancel a contract between us at any time within 7 working
days, beginning on the day after you received the Goods. If you do so, we will give you a full refund
of the price paid for the Goods, in accordance with our refunds policy which is
set out in paragraph 10 below.
5.2
In the event that you wish to cancel
a contract, you must inform us in writing of your decision and return the Goods
to us immediately, at your own cost and risk.
The Goods must be unopened and in the same condition in which you
received them.
5.3
You will not have any right to
cancel a contract for the supply of any Goods which have been opened or used,
or which have passed their best before date (unless they have already passed
their best before date when we supply them to you).
5.4
Details of your rights and how to
exercise them are provided in the Dispatch Confirmation. Your
statutory rights are not affected.
5.5
Where products are stated to be free of particular ingredients, you must
not consume (or allow anyone else to consume) any product purchased from us if
the packaging has been opened or is not completely intact when it is delivered
to you. If the packaging has been opened
or is not intact, there is a risk that the product may have been contaminated
with the ingredient that you wished to avoid.
In such circumstances, pleas return the product to us and we will be
happy to replace it. This does not
affect your statutory rights.
6
Fulfilment of your order
6.1
Your order will be fulfilled by the
delivery date set out in the Dispatch Confirmation.
7
Risk and ownership
7.1
The Goods will be at your risk from
the time of delivery.
7.2
Ownership of the Goods will not pass
to you until we receive full payment of all sums due in respect of the Goods
(including any applicable delivery charges).
8
Price and payment
8.1
The price of any Goods will be as
quoted on our website from time to time, except in cases of obvious error.
8.2
The prices quoted are inclusive of
UK VAT where applicable but exclude
delivery costs, which will be added to the total amount due as set out in our
Delivery Guide http://www.nonutsjustchocolate.com/shop/page/shipping?shop_param=.
8.3
We may change our prices at any
time, but any changes we make will not apply to orders in relation to which we
have already sent you a Dispatch Confirmation.
8.4
Our website refers to a large number
of Goods and it is always possible that, despite our best endeavours, some of
the Goods listed may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures so
that, where the correct price of the Goods is less than our stated price, we
will charge the lower amount when dispatching the Goods to you. If however the correct price of the Goods is
higher than the price stated on our website, we will normally, at our
discretion, either contact you for instructions before dispatching the Product,
or reject your order and notify you of such rejection.
8.5
Please note that we are under no obligation to provide the Goods to you
at the incorrect (lower) price, even after we
have sent you a Dispatch Confirmation, if the pricing error is obvious and
unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.6
Goods must be paid for using
PayPal. We will collect payment from you
via PayPal as soon as you place your order.
9.1
When you return Goods to us (for
instance, because you have cancelled the contract between us, or have notified
us in accordance with paragraph 20 that you do not agree to a change to these terms and
conditions or to any of our policies, or because you claim that the Goods are
defective), we will examine the returned Goods and will notify you of your
refund via e-mail within a reasonable period of time. We will usually refund the money to you using
the same method you originally used to pay for the Goods. We will usually process the refund as soon as
possible and, in any case, within 30 days of:
(a)
the day we received your
cancellation, or
(b)
the day we confirmed to you via
e-mail that you were entitled to a refund for delivery of defective Goods.
9.2
If you return Goods to us because
they are defective, we will refund the price paid by you in full, including the
delivery charges for sending the Goods to you, and any cost incurred by you in
returning the Goods to us.
9.3
If you return Goods to us within the
7-day cooling-off period (see paragraph 6.1 above) you will receive a full refund, including the
cost of sending the Goods to you.
However, please note that in these circumstances you will be responsible
for meeting the cost of returning the Goods to us.
10
Our liability
10.1
We warrant to you that any Goods you
purchase from us through our website are of satisfactory quality.
10.2
Our liability to you in connection
with any Goods purchased through our website is strictly limited to the
purchase price of the Goods in question and any losses which are a foreseeable
consequence of us breaking the agreement. Losses are foreseeable where they
could be contemplated by you and us at the time your order is accepted by us.
10.3
We do not exclude or limit in any
way our liability to you:
(a)
For death or personal injury caused
by our negligence.
(b)
Under section 2(3) of the
Consumer Protection Act 1987.
(c)
For fraud or fraudulent
misrepresentation.
(d)
For any matter in relation to which
it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4
We are not responsible for indirect or consequential loss, damage or
expenses (including loss of profits, business or goodwill) which happen as a side effect of the main loss or damage and which are
not foreseeable by you and us, however arising and whether caused by tort
(including negligence), breach of contract or otherwise.
10.5
Please note that if you buy any
Product from a third party seller through our website, that seller's liability
to you will be set out in their own terms and conditions.
11.1
In certain circumstances, the law
requires that we must communicate with you in writing. When using our website, you accept that our
principal means of communicating with you will be electronic. We will contact you by e-mail or provide you
with information by posting notices on our website. For the purposes of your contract with us,
you agree to our communicating with you by electronic means, and you
acknowledge that any contracts, notices, information and other communications
that we provide to you by those means comply with any legal requirements that
such communications be in writing. Your
statutory rights are not affected.
12
Notices
12.1
Any notices you send to us must be
given to No Nuts…Just Chocolate at
49
Woodfield Lane, Lower Cambourne, Cambridge, CB23 6FD,
UK or by e-mail
to enquiries@nonutsjustchocolate.co.uk.
12.2
We may give notice to you at either
the e-mail or postal address you provide to us when you place your order, or in
any of the ways specified in paragraph 13 above.
12.3
Notice will be deemed received and
properly served:
(a)
immediately when posted on our
website.
(b)
24 hours after an e-mail is
sent.
(c)
3 days after the date of posting of
any letter.
12.4
In proving the service of any
notice, it will be sufficient to prove:
(a)
in the case of a letter, that it was
properly addressed, stamped and placed in the post.
(b)
in the case of an e-mail, that it
was sent to the specified e-mail address of the addressee.
13
Transfer of rights and obligations
13.1
The contract between us binds both
you and us and our respective successors and assigns.
13.2
You may not transfer, assign, charge
or otherwise dispose of any contract with us, or any of your rights or
obligations arising under it, without our prior written consent.
13.3
We may transfer, assign, charge,
sub-contract or otherwise dispose of a contract between us, or any of our
rights or obligations arising under it, at any time during the term of the
contract in question.
14
Events outside our control
14.1
We do not accept any liability for
any failure to perform or delay in performing any of our obligations under a
contract between us where such failure or delay is caused by events outside our
reasonable control (“Force Majeure Event”).
14.2
A Force Majeure Event includes any
act, event, non-happening, omission or accident beyond our reasonable control
and includes in particular (but without limitation) strikes, lock-outs or other
industrial action, civil commotion, riot, invasion, terrorist attack or threat
of terrorist attack, war (whether declared or not) or threat or preparation for
war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster, impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport, impossibility of
the use of public or private telecommunications networks, or the acts, decrees,
legislation, regulations or restrictions of any government.
14.3
Our performance of any contract with
you is deemed to be suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for performance for the
duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find a
solution by which our obligations under the Contract may be performed despite
the Force Majeure Event.
15
Waiver
15.1
A waiver by us of any of these terms
and conditions shall not be effective unless it is expressly stated to be a
waiver and is communicated to you in writing in accordance with paragraph 14
above. No such waiver shall constitute a
waiver of any other prior or subsequent breach and we shall not be affected by
any delay, failure or omission to enforce or express forbearance granted in
respect of any of your obligations.
16
Severability
16.1
If the whole or any part of any
provision of these terms and conditions is or becomes invalid, void or
unenforceable for any reason, then it shall to the extent required be severed
from these terms and conditions and rendered ineffective so far as is possible
without modifying the remaining provisions, and shall in no way affect the
validity or enforceability of any other provisions.
17
Entire agreement
17.1
These terms and conditions and any
document expressly referred to in them represent the entire agreement between
us in relation to the subject matter of any contract between us, and will
supersede any prior agreement, understanding or arrangement between us, whether
oral or in writing.
17.2
Each of us acknowledges that, in
entering into a contract, we have not relied on any representation, undertaking
or promise given by the other party or implied from anything said or written in
negotiations between us prior to such contract, except as expressly stated in
these terms and conditions.
17.3
Neither of us shall have any remedy
in respect of any untrue statement made by the other, whether orally or in
writing, prior to the date of any contract between us (unless such untrue
statement was made fraudulently) and in such circumstances the other party’s
only remedy shall be for breach of contract as provided in these terms and
conditions.
18
Our right to vary these terms and
conditions
18.1
We have the right to vary these
terms and conditions from time to time and we encourage you to revisit them
periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon
posting to the website. Your continued
use of the website constitutes your agreement to all such terms and any changes
to them.
18.2
You will be subject to the policies
and terms and conditions in force at the time that you order Goods from us,
unless any change to those policies or terms and conditions is required to be
made by law or governmental authority (in which case it will apply to orders
previously placed by you), or if we notify you of the change to those policies
or terms and conditions before we send you the Dispatch Confirmation (in which
case we have the right to assume that you have accepted the change, unless you
notify us to the contrary within 7 working days of receipt of the Goods).
19
Third party rights
19.1
These terms and conditions are not
intended to create and shall not create any rights, entitlements, claims or
benefits enforceable by any third party by virtue of the Contracts (Rights of
Third Parties) Act 1999.
20
Law and jurisdiction
20.1
Contracts for the purchase of Goods
through our website will be governed by English law. Any dispute arising from, or related to, such
Contracts shall be subject to the exclusive jurisdiction of the courts of
England and Wales.
NO NUTS…JUST CHOCOLATE COMPANY
WEBSITE TERMS OF USE
This page (and any documents referred to in it) contains the terms which apply to your use of our website at www.nonutsjustchocolate.com, whether you are a visitor or a registered user.
You should read these terms carefully before you start to use the site. By using the site, you accept these terms and agree to comply with them. If you do not agree to these terms, please do not use the site.
WHO WE ARE
No Nuts…Just Chocolate Company Limited (for the purposes of these terms of use, referred to as “we”, “us” or “No Nuts…Just Chocolate”). We are registered in England and Wales under company number 06676630 and with our registered office and main trading address at 49 Woodfield Lane, Lower Cambourne, Cambridge, CB23 6FD, UK. Our VAT number is 933 7672 96.
ACCESSING OUR SITE
We allow you to access to our site on a temporary basis only, and reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict registered users’ access to some parts of our site, or our entire site, at our discretion.
If we have provided you with/you have selected a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to anyone. We reserve the right at any time to disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of our terms of use.
You are responsible for making all arrangements necessary to enable you to have access to our site. You are also responsible for ensuring that anyone who accesses our site through your internet connection is aware of these terms, and that they comply with them.
ACCEPTABLE USE POLICY
When using our site, you must comply in full with the requirements set out below.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- In order to harm or attempt to harm minors in any way.
You also agree not to:
- reproduce, duplicate, copy or re-sell any part of our site in contravention of our terms of use.
- access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including (without limitation) chat rooms and bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and if so, what form of moderation is used (for example whether it is human or technical).
We do our best to assess any possible risks for users (in particular, for children) from third parties when they use any interactive service provided on our site. We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service in contravention of our terms of use, whether the service is moderated or not.
Please note that the use of any of our interactive services by a minor is subject to the consent of their parent or guardian. Since moderation is not foolproof, we advise parents who allow their children to use an interactive service to educate their children about their safety online, and make them aware of the potential risks to them.
Where we do moderate an interactive service, we usually provide you with a means of contacting the moderator, should you have any queries or concerns.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site, and to any associated interactive services.
Please note that you are required to comply with the spirit as well as the letter of the following standards, which apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any defamatory material.
- Infringe any copyright, database right or trademark of any other person.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or your relationship with any person.
- Be likely to deceive any person.
- Give the false impression that they emanate from us.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material it contains. Those materials are protected by copyright laws and treaties around the world, and we reserve all our rights in this respect.
You may download extracts and print off one copy only of any page(s) from our site for your personal, non-commercial use, and you may also draw the attention of others within your organisation to material posted on our site.
However, you must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any related text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged in any printouts, copies or downloads.
You must not use any part of the materials on our site for commercial purposes without first obtaining a licence from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and without notice. In the event of this happening, you must return or destroy (at our option) any copies of the materials you have made.
RELIANCE ON WEBSITE CONTENT
Whilst we take all reasonable steps to ensure the accuracy of the commentary and other materials posted on our site, these are not intended to amount to advice on which reliance should be placed. We do not accept any liability arising from any reliance placed on such materials by any registered user, visitor to our site, or by any third party.
CHANGES TO WEBSITE
We aim to review and update our site regularly, however we cannot guarantee that the material on our site will not be out of date at any given time, and we are under no obligation to update such material. We may change the content of our site at any time and we are entitled to suspend access to our site, or close it indefinitely, without notice.
OUR LIABILITY
We do not give any guarantees, conditions or warranties as to the accuracy or completeness of the material displayed on our site.
To the extent that the law allows us to do so, we (and other members of our group of companies and third parties connected to us) expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by law.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
· for any other loss or damage of any kind, however it arises and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not exclude our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy http://www.nonutsjustchocolate.com/shop/page/privacy?shop_param=. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
CONTRACTS ENTERED INTO THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply http://www.nonutsjustchocolate.com/shop/page/terms?shop_param=.
UPLOADING MATERIAL TO OUR SITE
If you upload material to our site, or make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We have the right to use, copy, distribute and disclose to third parties for any purpose any material you upload to our site. Such uploaded material will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We do not accept any liability to you or any third party for the content or accuracy of any materials posted on our site by you or by any other user. We reserve the right without notice to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out above in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not:
- misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
- attack our site via a denial-of-service attack or a distributed denial-of-service attack, or by any other means.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately and without notice.
We do not accept liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, or due to your downloading any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not however establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy above.
If you wish to make any use of material on our site other than as set out above, please contact us with your request at enquiries@nonutsjustchocolate.co.uk.
LINKS FROM OUR SITE
Where our site contains links to third party sites and resources, these links are provided for your information only. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim which arises from or relates to a visit to our site, and English law governs these terms of use.
VARIATIONS
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have any queries or concerns about any of the material on our site, please contact enquiries@nonutsjustchocolate.co.uk.