Terms And Conditions
This website is owned and operated by Nature Gift Ltd. Nature Gift Ltd registered office:
1 Nelson Street, Southend On Sea, Essex, SS1 1EG. Registered number 07132089.
1. General
1.1 These terms and conditions of supply ("Supply Terms") set out the basis on which we supply any of the goods ("Goods") listed on our website www.naturegift.co.uk ("Website") to you. Please read these Supply Terms carefully before ordering any Goods from our Website as they contain important information. You should understand that, by ordering any of our Goods, you agree to be bound by these Supply Terms.
1.2 You should print and retain a copy of these Supply Terms for your records and for future reference.
1.3 In these Supply Terms, unless the context requires otherwise:
"Card" means the credit or debit card which you use to make payment for the Goods.
1.4 Nature Gift Ltd reserve the right to change these Supply Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Supply Terms.
1.5 Our Website is intended for use by people resident in the UK. We do not accept orders from individuals outside the UK and from credit cards registered outside of the UK.
1.6 By placing an order through our Website, you represent and warrant that:
• 1.6.1 you are legally capable of entering into binding contracts;
• 1.6.2 you are at least 18 years of age;
• 1.6.3 you are resident in the UK.
1.7 All orders can be placed online through the Website. When you place an order with us online you will be taken through a secure checkout process and up to the point at which you click on 'submit' on the final page of the checkout you are able to add/amend/delete any items that you have placed in your basket.
2. Acknowledgement and acceptance of your order
2.1 If you have supplied us with an email address, we will send you a 'confirmation of receipt of your order' email once you submit your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. Our acceptance of your Order and the completion of the contract between you and us will take place upon dispatch to you of the Goods ordered and we will confirm such acceptance to you by sending you an email on dispatch of your Goods ("Confirmation Email") and it is at this point that your Card will be debited.
2.2 The Contract formed will only relate to those Goods whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Email.
2.3 We aim to fulfill orders within the delivery period set out in the Confirmation Email, or if no delivery period is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances.
2.4 If you are contracting as a consumer, under the Consumer Protections (Distance Selling) Regulations 2000 you have the legal right to cancel a Contract within seven working days starting the day after the goods are received. You will receive a full refund of the price paid for the Products including the original delivery charge in accordance with our refunds policy, set out in condition 7 below.
2.5 To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
2.6 Any offers for Goods at discounted prices, including those detailed on the Website, may be made available from time to time for you to order (subject to our acceptance) for a limited period of time.
2.7 Nature Gift Ltd have taken every care in the preparation of the content of this Website, and in particular to ensure that (i) prices quoted are correct at time of publishing; and (ii) the Goods have been fairly described. However, please note that we may only accept orders if there are no material errors in the description of the Goods or their prices as advertised on this Website.
2.8 Non-acceptance of an order may be as a result of one of the following:
• 2.8.1 One or more of the Goods you ordered are unavailable. We will inform you as soon as possible if the Goods you have ordered are not available;
• 2.8.2 Our inability to obtain authorisation for your payment. We may contact you to check your Card details;
• 2.8.3 The identification of a pricing or product description error as referred to in condition 2.8 above; or
• 2.8.4 You not meeting the eligibility to order criteria as set out in condition 1.6 above.
3. Pricing
3.1 The prices stated by us at the time we receive your order are the prices you pay except where we discover an obvious error in the price of the Goods you have ordered as referred to in condition 2.8 above.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
3.3 Our Website contains a small number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of an item is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item's correct price is higher than the price stated on our Website, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
3.4 We are under no obligation to provide Goods to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
3.5 All prices are displayed on the Website in pounds sterling but exclude delivery costs, which will be added to the total amount due, as detailed in condition 5 below.
3.6 Prices that are reduced for sales and promotions are only valid for a limited time. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.
4. Method of payment
4.1 Payment for your order will be taken as soon as you complete the checkout process. You can pay using your credit or debit card that either is a VISA, MasterCard, Maestro, or American Express card. It is imperative that you provide the cardholder's name as it is shown on the Card, and address exactly as it appears on the Card statement.
4.2 We are unable to accept payment by cheque, Style cards, Visa Electron, Solo cards, Duet cards, cash, postal orders, gift cards or vouchers.
4.3 Card fraud is illegal and will lead to prosecution in all cases.
4.4 Where any of the Goods contained within an order are out of stock, we will contact you by email to explain the situation.
4.5 Ownership of the Goods you order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods. Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered.
5. Delivery
5.1 We offer a Royal Mail 1st class delivery service for 1 -4 boxes and a National courier service for 5 - 10 boxes or more.
5.2 The standard delivery service usually takes 2 to 3 working days for your Goods to arrive, from receipt of your order. We make every effort to deliver Goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Nature Gift Ltd shall be under no liability for any delay or failure to deliver the Goods within the estimated timescales.
5.4 Please note that orders placed after 5pm on Friday up to 6pm on Sunday will usually be delivered the following Monday. Although we will make every reasonable effort to ensure your products are delivered within the set timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partner. Under these circumstances, additional delivery charges will not normally be refunded.
5.5 Where we deliver:
• 5.5.1 Standard Delivery (as detailed in condition 5.2): Nature Gift Ltd are able to deliver your Goods to any address within the UK mainland (including the Highlands of Scotland). We also deliver to the Scottish Islands, Northern Ireland, Isle of Man and Isles of Scilly.
5.6 Please note that on delivery our carriers may need to obtain a signature from you. If a signature is required, our carriers will not be able to deliver Goods without such signature.
5.7 Selecting the delivery address:
5.7.1 Delivery to your Card address:
When you have selected the Goods that you wish to purchase from us, you will be asked to enter the billing address associated with your card. When prompted for a delivery address, tick the "Use billing address" box to select delivery to your card address.
5.7.2 Selecting an alternative address: However, should you wish to send the Goods to an alternative address then you can enter this in the delivery address form as you proceed through the checkout process. The alternative address can be either residential or business.
5.8 Delivery charges:
5.8.1 The delivery charges are applied according to the weight of your total basket basket. There is only one delivery charge per order.
5.8.2 Our current charges (as of 1st January 2015) inclusive of VAT at the prevailing rate charged in the UK per Order are:
Standard delivery 2-3 working days 1 box - £1.50*
Standard delivery 2-3 working days 1 box - £1.99*
Standard delivery 2-3 working days 2 boxes - £2.29*
Standard delivery 2-3 working days 3 boxes - £2.59*
Standard delivery 2-3 working days 4 boxes - £2.89*
Standard delivery 2-3 working days 5 boxes - £3.19*
Standard delivery 2-3 working days 6 boxes - £3.49*
Standard delivery 2-3 working days 7 boxes - £3.79*
Standard delivery 2-3 working days 8 boxes - £4.09*
Standard delivery 2-3 working days 9 boxes - £4.39*
Standard delivery 2-3 working days 10 boxes - £4.69*
*Delivery charges may vary from time to time with promotional activity
5.9 Boxes of Nature Gift Original Coffee Plus are currently sent in the original flat packed boxes to keep our postage and packing costs to you as low as possible.
6. Warranties and liability
6.1 Subject to condition 6.6, we warrant to you that any Goods purchased from us through our Website are of satisfactory quality fit for consumption for which goods of the kind are commonly supplied.
6.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased 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.
6.3 Nothing in these Supply Terms excludes or limits our liability for:
6.3.1 death or personal injury caused by negligence;
6.3.2 fraudulent misrepresentation;
6.3.3 under section 2 of the Consumer Protection Act 1987;
6.3.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
6.3.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.4 Without prejudice to condition 7.3, we shall not be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
6.4.1 loss or profit; or;
6.4.2 loss of goodwill; or
6.4.3 loss of anticipated saving; or
6.4.4 special, indirect or consequential damage suffered by you that arises under or in connection with this agreement
6.5 In the absence of any negligence other than breach of duty by Nature Gift Ltd, your use of any Goods other than in accordance with their instructions for use is entirely at your own risk.
7. Complaints
7.1 We aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint please contact us either:
7.1 By email at enquiries@naturegift.co.uk
7.2 By post, please write to us with your complaint to:
Nature Gift Internet Returns
Unit 1
24 Silverdale Avenue
Westcliff On Sea
Essex
SS0
Please provide full details of the nature of your complaint, including the Goods purchased, your order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
8. Miscellaneous
8.1 Nature Gift Ltd will make every effort to deliver Goods and provide our services within a reasonable time and to comply with our obligations under these Supply Terms, but we cannot be held responsible for delays or failures due to adverse weather; fire; flood or other natural disaster; traffic delays or failure of transport; mechanical breakdowns; strikes or other industrial action, or any other circumstances beyond our reasonable control.
8.2 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Supply Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Supply Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 8.4 below.
8.3 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8.4 All notices given by you to us must be given to: Nature Gift Ltd, Unit 1, 24 Silverdale Avenue, Westcliff On Sea, Essex, SS0 9BA or enquiries@naturegift.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 8.3 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8.5 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
8.6 If any of these Supply Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.7 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
8.8 These Supply Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
8.9 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Supply Terms.
8.10 Each Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
