TERMS AND CONDITIONS OF USE
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Nutwelllogistics.com ("the Website") and the Services outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 Nutwelllogistics.com reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
Nutwelllogistics.com is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify Nutwelllogistics.com of any unauthorised use of your password or account or any other breach of security. In no event will Nutwelllogistics.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
5 ACCEPTABLE USE
5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. Nutwelllogistics.com does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Nutwelllogistics.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.2 In using the Website/Services you agree not to:
5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
5.2.7 collect or store personal information about others, including email addresses;
5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.2.9 impersonate any person or entity for the purpose of misleading others;
5.2.10 violate any applicable laws or regulations;
5.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
5.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
5.3 Nutwelllogistics.com has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
Nutwelllogistics.com has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. Nutwelllogistics.com may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that Nutwelllogistics.com shall not be liable to you or any third party for any termination of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Nutwelllogistics.com is not responsible for the content or availability of any such sites.
8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9.2 Nutwelllogistics.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Nutwelllogistics.com a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold Nutwelllogistics.com and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Nutwelllogistics.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Nutwelllogistics.com in consequence of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To the extent permitted by law, Nutwelllogistics.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
11.3 Nutwelllogistics.com makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
11.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Nutwelllogistics.com for death or personal injury as a result of the negligence of Nutwelllogistics.com or that of its employees or agents.
11.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SALE
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Nutwell Logistics Limited of 2A Centurion Way, Crusader Park, Warminster BA12 8BT that owns and operates Nutwelllogistics.com
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means Nutwelllogistics.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described on the order page.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.4(a) In the case of Consumer sales, payment of the price plus VAT and delivery charges must be
made in full before dispatch of the Goods.
4.5 In the case of other sales, payment of the price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
4.6 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
7.2 Goods supplied outside the UK will normally be delivered within 5 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller is under a legal obligation to supply Goods in conformity with the Contract.
7.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9 REMEDY FOR BREACH
All Goods (including digital content) supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
10 LIMITATION OF LIABILITY
10.1 The Seller shall not be responsible for:
10.1.1 losses that were not caused by any breach on the part of the Seller; or
10.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
10.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
10.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
10.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
RIGHT TO CANCEL
1 You have the right to cancel this contract within 14 days without giving any reason.
2 The cancellation period will expire after 14 days from the day:
(e) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
3 To exercise the right to cancel, you must inform us Nutwell Logistics Limited, 2A Centurion Way, Crusader Park, Warminster BA12 8BTof your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7 We will make the reimbursement without undue delay, and not later than:
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9 In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.
RETURN OF GOODS
Returning your order
We hope that you are happy with your Item(s) but if for any reason you aren’t, please call our Customer Services Team on 01985 846229, we can then ensure that the returns process is as easy as possible. We are open Monday to Friday 8.30am – 5.30pm.
Please find our returns policy below:
You have changed your mind / item is unsuitable
1 - 14 days after receipt
We understand that sometimes you change your mind - as long as you return the item to us within 14 days of receipt in an unused, as new condition with all original packaging then we will refund you the cost of your item as well as the original postage cost. You are responsible for the cost of posting the item back to us.
15 - 60 days after receipt
If you change your mind between 15 - 60 days of receipt, then we will refund you the cost of the item but not the original postage costs. You are responsible for the cost of posting the item back to us.
If we receive your return but believe that the item has been tampered with or is not in a re-saleable condition then we reserve the right to deduct a proportion of the original cost to reflect the diminished value.
Damaged / Incorrect Items
Please accept our apologies if you have received a damaged or incorrect item. Please call our customer services team on 01985 846229 so we can ensure the matter is resolved as soon as possible. We may require proof of damage, e.g. emailing a photo.
Once we receive the item back to our warehouse, and are satisfied that any damage is not due to misuse, we will refund you the cost of the item, plus the original postage cost. We will also cover the postage cost for you to return the item to us. Please note that we can only process the refund or replacement once the original item has been received by us.
If you believe an item is faulty, please call us 0800 622 6001 to let us know. Some items are covered under warranty so we may be able to replace it. A replacement can only be sent out once we have received the original faulty item.
If your product is deemed faulty within 30 days of receipt we will offer you a full refund for the item, plus reimburse you the original postage cost and any reasonable postage cost incurred to return it to us.
If your product develops a fault up to 6 months after receipt, we will repair / replace the item. If this can’t be done, we will offer you a full refund.
You are responsible for any returned goods until they reach our warehouse.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, you have the right to cancel your order for any item bought on this website for a full refund. Regretfully, this is not applicable on any of the following:
Sealed goods that are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery (e.g. hearing aids, cups and mugs, hand warmers, pill cutters)
Any “used” products that pose a hygiene risk (e.g. toilet seats, commodes or bottom wipers)
Please return your item(s) to our…
✂_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Nutwelllogistics.com (C/o Nutwell Logictics Limited)
2A Centurion Way
I/We [*] hereby give notice that I/we [*] wish to cancel my/our [*] contract of sale of the following goods/for the supply of the following service [*],
Ordered on/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate