TERMS AND
CONDITIONS
These terms and conditions form
the basis on which you can visit us and our website. Please
read them carefully as they contain important
information.
GENERAL TERMS AND
CONDITIONS
This site is owned and operated
by www.firstnutrition.co.uk a subsidery of the Natural
Food Company Ltd. (registered in England and Wales company
number 4903813) whos registered address is 11 Eaton Place,
Bingham, Notinghamshire, NG13 8BD. If you have any queries
about these terms and conditions or if you have any comments or
complaints on or about our website, you can contact us
at info@firstnutrition.co.uk or by posting to our
address.
1. The contract
between us
We must receive payment of the
whole of the price for the goods that you order before your
order can be accepted. Once payment has been received by us we
will confirm that your order has been accepted by sending an
email to you at the email address you provide in your order
form. Our acceptance of your order brings into existence a legally binding
contract between us.
By ordering on this website you
are making a statement, upon which we are entitled to rely,
that you are aged 18 years or older and capable of forming a
legally binding contract.
2. Ownership of
rights
All rights, including
copyright, in this website are owned by or licensed
to www.firstnutrition.co.uk. Any use of this website
or its contents, including copying or storing it or them in
whole or part, other than for your own personal, non commercial
use, is prohibited without our permission. You may not modify, distribute
or repost anything on this website for any purpose.
3. Accuracy of
content
We have taken care in the
preparation of the content of this website, in particular to
ensure that prices quoted are correct at the time of publishing
and that all goods have been fairly described. However,
orders will only be accepted if
there are no material errors in the description
of the goods or their prices as
advertised on this website. Any weights, dimensions and
capacities given about the goods are approximate only.
4. Damage to your
computer
We try to ensure that this
website is free from viruses or defects. However, we cannot
guarantee that your use of this website or any websites
accessible through it will not cause damage to your computer.
It is your responsibility to ensure that the right equipment is
available to use the website. Except in the case of negligence on
our part, we will not be liable to any person for any loss or
damage which may arise to computer equipment as a result of using this
website.
5. Availability
All orders are subject to
acceptance and availability. If the Goods you have ordered are
not available from stock, we will contact you by e-mail or
phone (if you have given us details). You will have the option
either to wait until the item is available from stock or to
cancel your order.
6. Ordering
errors
You are able to correct errors
on your order up to the point on which you click on “submit”
during the ordering process.
7. Price
The prices payable for goods
that you order are as set out in our website. All prices are
inclusive of VAT at the current rates and are correct at the
time of entering information.
Wherever it is not possible to
accept your order to buy goods of the specification and
description at the price indicated, we will advise you by
email, offer to sell you the goods of the specification and
description at the price stated in the email and will state the
period for which the offer
or the price remains valid.
8. Payment
terms
We will charge your credit
account for payment upon receipt of your order unless delivery
cannot be fulfilled within 30 days. We accept no liability if a
delivery is delayed because you did not give us the correct
payment details. If it is not possible to obtain full payment
for the goods from your
account then we can cancel the contract and or suspend any
further deliveries to you. This does not affect any other
rights we may have.
9. Delivery
charges
Delivery charges vary according
to the type of goods ordered and cannot be refunded.
10. Delivery
10.1 Our delivery charges
are set out ast the checout area in our
website.
10.2 We will deliver the
goods to the address you specify for delivery in your order. It
is important that this address is accurate. Please be precise
about where you would like the goods left if you are out when
we deliver. We cannot accept any liability for any loss or
damage to the goods once
they have been delivered in accordance with your delivery
instructions (unless this is caused by our negligence). We will
aim to deliver the goods by
the date quoted for delivery but delivery times are not
guaranteed. If delivery is delayed due to any cause beyond
our reasonable control, the
delivery date will be extended by a reasonable period and we
will contact you to arrange an alternative time.
10.3 You will become the
owner of the goods you have ordered when they have been
delivered to you. Once goods have been delivered to you they
will be held at your own risk and we will not be liable for
their loss or destruction.
11. Risk and
ownership
Risk of damage to or loss of
the goods passes to you at the time of delivery to you, or if
you fail to take delivery at the agreed time, the time when we
tried to deliver. You will only own the goods once they have
been successfully delivered and when we have received cleared
payment in full. Goods
supplied are not for resale.
12. Acknowledgement and
acceptance of your order
You will need to provide us
with your e-mail address and we will notify you by e-mail as
soon as possible to confirm receipt of your order and e-mail
you again to confirm details. An acceptance of your order will
take place on despatch of the good(s) ordered.
13. Cancellation
rights
13.1 Under the Distance
Selling Regulations you have the legal right to cancel your
order within seven days of receipt of your goods (with the
exception of any made to order items). You do not need to give
us any reason for canceling your contract nor will you have to
pay any penalty. However,
you will need to notify us if you wish to cancel your
contract.
13.3 If you have received
the goods before you cancel your contract then you must send
the goods back to our contact address at your own cost and
risk. If you cancel your contract but we have already processed
the goods for delivery you must not unpack the goods when they
are received by you and you must send the goods back to us at
our contact address at your own cost and risk as soon as
possible.
13.4 Once you have
notified us that you are cancelling your contract, any sum
debited to us from your credit card will be re-credited to your
account as soon as possible and in any event within 30 days of
your order PROVIDED THAT the goods in question are returned by
you and received by us in the condition they were in when
delivered to you. If you do not return the goods delivered to
you or do not pay the costs of delivery, we will be entitled to
deduct the direct costs of recovering the goods from the amount
to be re-credited to you.
13.5 You will be
re-credited for the costs incurred in returning faulty or
unsatisfactory goods.
14. Cancellation
by us
14.1 We reserve the right
to cancel the contract between us if:
14.1.1 we have
insufficient stock to deliver the goods you have
ordered;
14.1.2 we do not deliver
to your area; or
14.1.3 one or more of the
goods you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information
received by us from our suppliers.
14.2 If we do cancel your
contract we will notify you by e-mail and will re-credit to
your account any sum deducted by us from your credit card as
soon as possible but in any event within 30 days of your
order.
15. Liability
15.1 If you do not receive
goods ordered by you within 30 days of the date on which you
ordered them, we will have no liability to you unless you
notify us in writing at our contact address of the problem
within 60 days of the date on which you ordered the goods
(unless this is not reasonably practicable).
If you notify a problem to us
under this condition, our only obligation will be, at your
option:
15.1.1 to make good any
shortage or non-delivery;
15.1.2 to replace or
repair any goods that are damaged or defective; or
15.1.3 to refund to you
the amount paid by you for the goods in question in whatever
way we choose.
15.2 Both parties shall
only be liable under this contract for losses, which are a
reasonably foreseeable consequence of the relevant breach of
contract
15.3 You must observe and
comply with all applicable regulations and legislation,
including obtaining all necessary customs, import or other
permits to purchase goods from our site. The importation
or exportation of certain of our goods to you may be prohibited
by certain national laws. We make no representation and
accept no liability in respect of the export or import of the
goods you purchase.
15.4 Notwithstanding the
foregoing, nothing in these terms and conditions is intended to
limit any rights you might have as a consumer under applicable
local law or other statutory rights that may not be excluded
nor in any way to exclude or limit our liability to you for any
death or personal injury
resulting from our negligence.
16. Notices
Unless otherwise expressly
stated in these terms and conditions, all notices from you to
us must be in writing and sent to our contact address at 11
Eaton Place, Bingham, Nottinghamshire, NG13 8BD and all notices
from us to you will be displayed on our website from time to
time.
17. Changes to
legal notices
We reserve the right to change
these terms and conditions from time to time and you should
look through them as often as possible.
18. Law,
jurisdiction and language
This website, any content
contained therein and any contract brought into being as a
result of usage of this website are governed by and construed
in accordance with English law. Parties to any such
contract agree to submit to the
exclusive jurisdiction of the courts of England and Wales.
All contracts are concluded
in English.
19. Invalidity
If any part of these terms and
conditions is unenforceable (including any provision in which
we exclude our liability to you) the enforceability of any
other part of these conditions will not be affected.
20. Privacy
You acknowledge and agree to be
bound by the terms of our privacy policy.
21. Third party
rights
Nothing in this Agreement is
intended to, nor shall it confer any rights on a third
party.
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