Terms & Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of all Products via our Site by us, Nuts About Health Ltd, a company registered in England and Wales under number 11578664, whose registered address is at 207 Rockingham Road, Kettering, Northamptonshire, England, NN16 9JA(“we/us/our”).
Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from our Site. You will be required to read and accept these Terms and Conditions when ordering Products from us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Products from us.
By placing an Order with us, you warrant that you are at least 18 years of age, legally entitled to purchase the Products in your country of residence and legally capable of entering into binding contracts.
1. Definitions and Interpretation
- 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:“Contract” means the contract for the purchase and sale of the Products, as explained in clause 5;“Order” means your order for the Products;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Products” means the CBD products sold by us through our Site;“Site” means www.nutsabouthealth.net.
- 1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
2. Access to and Use of Our Site
- 2.1 Access to our Site is free of charge.
- 2.2 It is your responsibility to make any and all arrangements necessaryin order to access our Site.
- 2.3 Access to our Site is provided “as is” and on an “as available” basis.We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
- 2.4 No information on our Site is intended to replace the advice of any medical professional.
3. The Products
- 3.1 The Products we sell are food supplements and are not intended to treat, alleviate, cure or prevent any medical conditions. We recommend you consult a qualified health professional before using the Products. Our Products have not been tested or approved by any medical authority.
- 3.2 You must follow the instructions on the label when using the Products. The suggested usage refers to persons over the age of 18 only. The Products are not suitable for use by anyone that is under the age of 18, pregnant, breast feeding or likely to react to any allergens in the Products.
- 3.3 Please contact us if you wish to obtain a full list of ingredients and nutritional information before placing an Order. Please note that some or all of our Products are prepared in the same environment and we cannot guarantee that they will be 100% free of ingredients that may cause allergies or intolerances.
- 3.4 The Products, by their nature, may cause sedation or stimulation. You should not drive or operate dangerous machinery if you feel these effects. The Products may also conflict with prescription medications and should not be used in combination with these.
4. Descriptions, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and images of Products available from us correspond to the actual Products that you will receive. Please note, however, the following:4.1.1 Images of Products are for illustrative purposes only. There
may be slight variations in colour between the image of a product and the actual product sold due to differences in
computer displays, lighting conditions, and the fact that the
Products will naturally vary in appearance;
- 4.1.2 Images and/or descriptions of packaging are for illustrativepurposes only, the actual packaging of Products may vary;
- 4.1.3 As the Products are natural, there may be other variations,such as in their smell or flavour.
- 4.2 Please note that clause 4.1 does not exclude our responsibility formistakes due to negligence on our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to clause 8 if you receive incorrect Products (i.e. Products that are not as described).
- 4.3 We cannot guarantee that all Products will always be available. Stock indications are not provided on our Site.
- 4.4 Minor changes may, from time to time, be made to certain Products between your Order being placed and us processing that Order and dispatching the Products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Products and will not normally affect your use or enjoyment of those Products. However, if any change is made that would affect your use or enjoyment of the Products, suitable information will be provided to you.
- 4.5 We make all reasonable efforts to ensure that all prices shown on our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note clause 4.8 regarding VAT, however).
- 4.6 All prices are checked by us before we accept your Order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is different, we will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within 14 days, we will treat your Order as cancelled and notify you of this in writing.
- 4.7 In the event that the price of Products you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Site at the time of placing your Order.
- 4.8 All prices on our Site include VAT. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- 4.9 Delivery charges are not included in the price of Products displayed on our Site. Delivery options and related charges will be presented to you as part of the order process.
5. Orders – How Contracts Are Formed
- 5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
- 5.2 If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
- 5.3 No part of our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
- 5.4 Order Confirmations will contain the following information:
- 5.4.1 Your Order number;
- 5.4.2 Confirmation of the Products ordered;
Nuts About Health – Terms and Conditions of Sale
- 5.4.3 Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges; and
- 5.4.4 Estimated delivery date(s).
- 5.5 In the unlikely event that we do not accept or cannot fulfil yourOrder for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
- 5.6 Any refunds due under this clause 5 will be made using the same payment method that you used when ordering the Products, unless you specifically request that we make a refund using a different method.
- 6.1 Payment for the Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until we dispatch your Products.
- 6.2 All payments made via our Site will go through a payment gateway provider, such as PayPal or Secure Trading. No credit or debit card information is provided to us and completion of the transaction willbe subject to you agreeing to the payment gateway provider’s termsand conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
7. Delivery, Risk and Ownership
- 7.1 All Products purchased through our Site will normally be delivered within 30 calendar days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 12).
- 7.2 If we are unable to deliver the Products on the delivery date, the following will apply:
- 7.2.1 If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox, we will leave a delivery note explaining how to rearrange delivery or where to collect the Products;
- 7.2.2 If you do not collect the Products or rearrange delivery within 14 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional costs that we incur in recovering the Products.
- 7.3 In the unlikely event that we fail to deliver the Products within 30 calendar days of our Order Confirmation (or as otherwise agreed or specified as under clause 7.1), if any of the following apply, you may treat the Contract as being at an end immediately:
- 7.3.1 We have refused to deliver your Products; or
- 7.3.2 In light of all relevant circumstances, delivery within thattime period was essential; or
- 7.3.3 You told us when ordering the Products that delivery withinthat time period was essential.
- 7.4 If you do not wish to cancel under clause 7.3 or if none of thespecified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
- 7.5 You may cancel all or part of your Order under clauses 7.3 or 7.4 provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 days. Please note that if any cancelled Products are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Products.
- 7.6 Delivery shall be deemed complete and the responsibility for the Products will pass to you once we have delivered the Products to the address you have provided.
- 7.7 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery
- 7.8 Any refunds due under this clause 7 will be made using the samepayment method that you used when ordering the Products, unless you specifically request that we make a refund using a different method.
- 7.9 If you will be shipping, re-selling or distributing the Products outside of the UK, it is your responsibility to comply with any legislation or regulations governing this in the country of destination and for the payment of any duties on the Products.
8. Problems with the Products
- 8.1 By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences).
- 8.2 If any Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible, and in any event within 7 days, to inform us of the problem, and to arrange for a refund or replacement.
- 8.3 Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 8 merely because you have changed your mind. Please refer to clause 9 for more details.
- 8.4 To return Products to us for any reason under this clause 8, please contact us to arrange for a collection and return. We will be fully responsible for the costs of returning Products under this clause 8 and will reimburse you where appropriate.
- 8.5 Refunds (whether full or partial, including reductions in price) under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
- 8.6 Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the Products were originally purchased.
- 8.7 Refunds under this clause 8 will be made using the same paymentmethod that you used when ordering the Products, unless youspecifically request that we make a refund using a different method.
- 8.8 For further information on your rights as a consumer, please contactyour local Citizens’ Advice Bureau or Trading Standards Office.
9. Cancelling and Returning Products if You Change Your Mind
- 9.1 If you are a consumer in the European Union, you have a legal rightto a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.
- 9.2 If the Products are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products. If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products. If you are collecting the Products, the legal cooling-off period ends 14 calendar days after the day on which you collected them.
- 9.3 If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we offer a cancellation form on our Site. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
- 9.4 Please note that you will lose your legal right to cancel under this
2 clause 9 if the Products are sealed for health or hygiene reasons and you have unsealed them after receiving them.
- 9.5 Please ensure that you return Products to us no more than 14calendar days after the day on which you informed us of your wishto cancel under this clause 9.
- 9.6 You may return Products to us using a suitable delivery service ofyour choice. We recommend you use a service that provides proof of delivery. Please note that you must bear the costs of returning Products to us if cancelling under this clause 9. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
- 9.7 Refunds under this clause 9 will be issued to you within 14 calendar days from:
- 9.7.1 the day on which we receive the Products back; or
- 9.7.2 the day on which you inform us (with evidence) that you have sent the Products back (if this is earlier than the dayunder clause 9.7.1);
- 9.7.3 if we have not yet provided an Order Confirmation or havenot yet dispatched the Products, the day on which youinform us that you wish to cancel the Contract.
- 9.8 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. more than would be permitted in a shop) or resulting from improper storage ofthe Products.
- 9.9 Refunds under this clause 9 will be made using the same paymentmethod that you used when ordering the Products, unless you specifically request we make a refund using a different method.
10. Cancellations by Us
- 10.1 We may cancel your Order at any time before we dispatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or if an event occurs outside of our control (please see clause 12).
- 10.2 If we cancel your Order and you have already paid for the Products under clause 6, the payment will be refunded to you within 14 days. If we cancel your Order, we will confirm this in writing.
11. Our Liability
- 11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- 11.2 We only supply products for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- 11.3 Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- 11.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
- 11.5 If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
- Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.
- Communication and Contact Details: If you wish to contact us, please email us at firstname.lastname@example.org.
14. How We Use Your Personal Information (Data Protection)
- 14.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EURegulation 2016/679 General Data Protection Regulation (“GDPR”)and your rights under the GDPR.
15. Other Important Terms
- 15.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- 15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
- 15.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- 15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
- 15.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
- 15.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms and Conditions as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.
16. Law and Jurisdiction
- 16.1 These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.
- 16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.