THE LEGAL STUFF: TERMS FOR CONSUMERS
Although not particularly exciting, it is very important that you read the following terms and conditions before you buy any of the products on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. On the basis of our goods all being freshly made to order, and being of a perishable nature, such rights do not apply to the goods sold by us. We do however, appreciate that sometimes you may change your mind and want to cancel, so we afford a 48 hour “cooling off” period. If you change your mind within 48 hours of placing an order, then email us at the address below and you will be entitled to a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Taking into account the nature of the goods, and the period in which these can remain super fresh, you’re entitled to a refund within 30 if your goods are faulty (see clause 10 below).
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box briefly some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
In this contract:
‘We’, ‘us’ or ‘our’ means NAT & CO (UK) LTD; and
‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
Email: tasty@natand.co.uk (emails will be responded to during usual business hours being Monday to Friday between 9am and 5pm); or
Telephone 07882799229 (Monday to Saturday: 9 am to 6 pm).
Who are we?
We are registered in England and Wales under company number: 11868067.
Our registered office is at: 16 Uttons Avenue, Leigh-On-Sea, United Kingdom, SS9 2EL.
Don’t worry, the details of this contract will not be filed with any relevant authority by us.
1. Introduction
1.1. If you buy goods on our site you agree to be legally bound by this contract.
1.2. As a consumer, you may only buy goods from our site for non-business reasons. If you are buying goods from us for commercial or business reasons, then your contract with us will be governed by our terms and conditions for businesses. Please contact us for further details.
1.3. This contract is only available in English. No other languages will apply to this contract.
1.4. When buying any goods you also agree to be legally bound by:
1.4.1. our website terms and conditions and any documents referred to in them; and
1.4.2. extra terms which may add to, or replace some of, this contract. This may happen for legal reasons.
All of the above documents form part of this contract as though set out in full here.
2. Information we give you
2.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is included in the information box at the start of these terms.
2.2. The key information forms part of this contract.
2.3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Your privacy and personal information
3.1. We take looking after your privacy and personal information seriously. But don’t just take our word for it, our Data Policy is available at www.natand.co.uk, so see for yourself.
3.2. Any personal information that you provide to us will be dealt with in line with our Data Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. Ordering goods from us
4.1. Below, we set out how a legally binding contract between you and us is made.
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4.2. You place an order on the site by clicking on the “shop” link, on our website, and proceeding to do the following:
(a) Choose a product from our delicious range;
(b) Add this product to your basket;
(c) Provide an email address to which the confirmation email with details of your order will be sent;
(d) Select shipping and payment options; and
(e) Review your order and confirm purchase.
4.2.2. Please read and check order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.2.3. When you place your order at the end of the online checkout process (eg when you click on the “pay now” button), we will acknowledge it by email or through a notification on the web page. This acknowledgement or notification does not, however, mean that your order has been accepted.
4.2.4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods.
4.2.5. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us;
(b) we will start making your order; and
(c) once the goods are made (which will be within 7 working days of your order being placed), we will dispatch these to you at the address you have provided.
4.3. If you are under the age of 18 you may buy any goods from the site.
5. Right to cancel this contract
5.1. You have the right to cancel this contract so long as you give us notice not longer than 48 hours after placing your order with us. This is the only way that we can make our goodies as delicious as they are and ensure that they are fresh when they get to you.
5.2. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following business day.
5.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory. Don’t worry, we won’t hold any grudges!
Cancellation form
To [insert the trader’s name, geographical address and, where available, telephone number, fax number and email address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/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), Date
[*] Delete as appropriate
5.4. To meet the cancellation deadline, you have to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6. Effects of cancellation
6.1. 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).
6.2. 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.
6.3. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
6.4. 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.
7. Delivery
7.1. When it comes to getting our delicious boxes of goodness to you, we like to keep things simple. We use the Royal Mail to deliver our goods, unless we decide to deliver these in person, or you decide you want to collect them from our premises. If you want to see your delivery options, visit our webpage, where information can be found under the ‘Shipping’ section of our handy FAQs before you place your order.
7.2. The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.2.5).
7.3. We may be able to make delicious snacks, but unfortunately we are not psychic, so if something happens which:
7.3.1. is outside of our control; and
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7.3.2. affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods. We apologise for any delays arising in this way but ask that you bear with us – the snacks will be worth it!
7.4. Delivery of the goods will take place when we deliver them to the address that you gave to us.
7.5. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
7.5.1. let you know;
7.5.2. cancel your order; and
7.5.3. give you a refund.
7.6. If nobody is available to take delivery on the date specified in the Confirmation Email, please contact us using the contact details so that we can make alternative arrangements.
7.7. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7.8. If your orders are particularly big, we may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, please contact us to ask about this service, using the contact details set out above before placing any order.
8. Payment
8.1. When you shop with us, we use Stripe (a payment service provider that offers fast and secure payment processing for online businesses) to take your payment, and your card details are used in accordance with their checkout user terms and conditions which can be viewed at https://stripe.com/gb/checkout/legal.
8.2. Stripe accept the following credit cards and debit cards: Visa, Mastercard and American Express.
8.3. Your credit card or debit card will be charged when the goods are ordered.
8.4. All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.6. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
8.7. The price of the goods:
8.7.1. is in pounds sterling (£)(GBP); and
does not include the cost of: delivering the goods (if you want delivery options and costs, please review these on our website before you place your order).
9. Nature of the goods
9.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
9.1.1. are of satisfactory quality;
9.1.2. are fit for purpose; and
9.1.3. match the description, sample or model.
9.2. We must provide you with goods that comply with your legal rights, and we will always try our best to do this. However, if we get this wrong (subject to the margins for slight variation permitted in this clause 9), please refer to clause 10 setting out your rights.
9.3. Notwithstanding your rights under clause 9.1 above, the products that we make are lovingly handmade, and therefore we withhold the right for there to be minor variations in appearance from any illustrations and descriptions on our website or in the information that we give to you by email or phone. All illustrations and descriptions displayed used are for guidance purposes only and will not form part of the contract between us and you.
9.4. In addition to clause 9.3:
9.4.1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in all of our goods; and
9.4.2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.5. The packaging of the goods, while always trendy, may be different from that shown on the site.
9.6. Any goods sold:
9.6.1. at discount prices;
9.6.2. as remnants; or
9.6.3. as substandard;
will be identified and sold as such. Although we are confident that you will still love these, it is important that you check that they are of a satisfactory quality for their intended use before committing to buy them.
9.7. If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
9.7.1. we will let you know if we intend to do this but this may not always be possible; and
9.7.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
9.8. Just as a reminder, to get the best out of our delicious products, we would recommend storing these in a cool, dry place.
10. Faulty goods – Exchanges and Refunds
10.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights so it is important that you read these carefully. For more detailed information on your rights and what you should expect from us, please:
10.1.1. contact us using the contact details at the top of this page; or
10.1.2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
10.2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3. Although we put a lot of love and time into all of the goods we sell, we may not always get it right. Please contact us using the contact details at the top of this page, if you want:
10.3.1. us to replace the goods;
10.3.2. a price reduction as the goods are not of the quality that you wanted; or 10.3.3. to reject the goods and get a refund.10.4. If your order is damaged on arrival, we will pay the postage for the goods to be returned to us and will provide you with a full refund.
10.5. If the goods are lost in transit, we will offer you a replacement order. If you do not want this replacement order, then we will issue a full refund.
10.6. If the goods aren’t up to scratch (for reasons not covered by clause 10.4) and you decide to use one of your rights outlined in 10.3 above:
10.6.1. you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you notify us that you are not happy with the goods. The deadline is met if you send back the goods before the period of 14 days has expired; and
10.6.2. you will have to bear the direct cost of returning the goods.
10.7. Due to health and safety restrictions, we are unable to re- stock any food items returned to us under this clause 10, and these items will be disposed of.
End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limit on our responsibility to you
12.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
12.1.1. losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
12.1.2. business losses; and
12.1.3. losses to non-consumers.
13. Disputes
13.1. We like to make tasty snacks, and not problems. In the event of a dispute arising, we will look to resolve this with you quickly and efficiently.
13.2. If you are unhappy with: 13.2.1. the goods;
13.2.2. our service to you; or
13.2.3. any other matter,
please contact us as soon as possible.13.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1. let you know that we cannot settle the dispute with you; and
13.3.2. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
13.4. We hope that it won’t come to this, but if you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
13.5. The laws of England and Wales will apply to this contract.
14. Third party rights
This is agreement is between us and you, so no one other than a party to this contract has any right to enforce any term of this contract.