Terms and Conditions
TERMS AND CONDITIONS OF SALE
Information about us
1. We operate the website uk.naturalicious.eu. We are Naturalicious UK Limited, a company registered in England and Wales with company number 10279557. Our registered office is at 12 Hay Hill, Mayfair, London, England, W1J 8NR and our registered VAT number is 259 7351 67.
2. All comments, queries and requests relating to your order are welcomed and should be addressed to Customer Service, Naturalicious UK Limited, 12 Hay Hill, Mayfair, London, England, W1J 8NR (telephone number + 44 (0) 207 952 5207 and email: [email protected] ).
1. Our site is only intended for use by people residing in a country in the United Kingdom of Great Britain excluding the areas of the Scottish Offshore and Highlands, Northern Ireland, Isle of Wight, Isle of Man and The Channel Islands. We do not accept orders from individuals outside those countries. For the specific regions within the UK that are currently not covered by our delivery service please find an exhaustive list of post codes not serviced, please find the delivery section.
Your status and contact details
1. By placing an order through our site, you agree that:
a. you are legally capable of entering into binding contracts;
b. you are at least 18 years old;
c. you are resident in one of the Serviced Countries; and
d. you are accessing our site from that country.
2. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provide to us when placing an order or registering an account.
How the contract is formed between you and us
1. After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy goods (Products). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us and you (Contract) will only be formed, and become binding, when we send you the Dispatch Confirmation.
2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Vouchers and gift cards
1. A voucher may only be used once by its holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form, or stored in a data retrieval system, without our prior written approval.
2. We reserve the right to withdraw or deactivate any voucher (other than a paid-up gift card) for any reason at any time.
3. Vouchers may only be redeemed through the website uk.naturalicious.eu and not through any other website or method of communication. To use your voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the voucher.
4. Any discounts attached to vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
5. We reserve the right to exclude the use of voucher codes on specific products. For example vouchers linked to original box cannot be used on the family box or workout box. Vouchers may not be applied in conjunction with any existing account credit.
Consumer cancellation rights
1. You do not have an automatic right to end the Contract within the 14 day cooling off period under the Consumer Contracts Regulations 2013. This is because the Products are liable to deteriorate or expire rapidly and such products are excluded from the automatic right to cancel the contract within the cooling off period.
2. All cancellations must be received no less than a week before your next delivery. For example if your next order is planned on Tuesday, you must cancel no later than 5pm on the Monday prior to your delivery. Due to the nature of our business, we regret that we cannot offer refunds or credits for cancellations after this time. Cancellations must be made by contacting our customer service.
3. You can obtain further information about your consumer rights by contacting the Citizens Advice Bureau (https://www.citizensadvice.org.uk/ or call 03454 04 05 06).
Our refunds policy and your legal rights
1. If you are unhappy with your Product for a legitimate reason such as: the Product had too short a shelf-life, the Product was damaged, the Product did not arrive, or if you otherwise have a legal right to a refund under Clause 7.2, we will offer an appropriate refund as long as it can be shown that the Product you were charged for was not provided as it should have been.
2. We are required by law to ensure that Products ordered from us comply with the terms of the Contract. In particular, any Product purchased from us through our site must conform with its description, be of satisfactory quality, and be fit for all the purposes for which products of that kind are commonly supplied and any particular purpose made known to us by you. If any of these legal requirements are not met, we will offer you an appropriate refund, or replace the Product, as required under the relevant law (the Consumer Rights Act 2015). Nothing in these terms and conditions will affect your legal rights.
Risk and title
1. The Products will be your responsibility from the time of delivery.
2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2. Product prices include VAT.
3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4. You can only pay for Products using the payment options as indicated on the Website. We do not accept any other method of payment.
5. All payment orders are processed via our payment service provider Adyen. The general conditions of the payment service provider are applicable to any such payment orders.
6. By using a credit/debit card to pay for your order, you confirm that the card being used is yours.
7. All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment to us, we cannot accept your order and will not be liable for any consequent delay or non-delivery.
8. If your payment details change, you must update your payment details or your subscription will be put on hold.
9. For subscriptions we take payments by continuous payment authority. You will be charged on the day of ordering your subscription. For example if you order on Tuesday and your delivery is on Friday, you will pay every Tuesday in the week of your scheduled delivery. This does not apply to one-off starter pack orders where payment will be taken once at the time of order.
10. Payment times may vary slightly if they fall on a weekend or around bank holidays.
11. Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment, which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance
1. Your order will be delivered by the delivery date set out in the Dispatch Confirmation
2. Your Product will be sent back to us if no one is available to sign for the delivery. You will need to pay further delivery charges for the re-delivery.
3. Due to the nature of our products we can only deliver to the customer directly.
4. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, supplier failure, strikes, vehicle breakdown, traffic, we cannot accept liability for any inconvenience or loss this causes. We will not charge you for Products that we have not delivered in accordance with these terms and conditions. Otherwise, our liability in respect of incorrect delivery is limited in accordance with clause 13.1.
Registration and accounts
12 Use of personal information
1. We will use the personal information you provide to us:
a. to supply the Products to you; and
b. to process your payment for the Products.
1. Subject to Clause 13.2, if we fail to comply with these terms and conditions we will only be liable to you for the purchase price of the Products ordered under the Contract.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (regarding title of the Products);
d. defective products under the Consumer Protection Act 1987;
e. breach of your legal rights in relation to the Products (as summarised in Clause 7.2); and
f. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Your commentary (website, blog, social media)
1. If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By purchasing Products you authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to. If you want us to stop using your Commentary in this way in future, please contact us to let us know. Our contact details are provided in Clause 1.2.
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Event Outside Our Control).
2. An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (amongst other things) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.
3. If our supply of the Products is delayed by an Event Outside Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays cause by the event but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
1. 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 terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not relieve you from compliance with such obligations and will not prevent us from taking steps against you at a later date.
1. Each of the terms, conditions and provisions of these terms and conditions operate separately. If any court or competent authority determines that any of them are invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will remain in full force and effect.
Changes to these terms and conditions
1. We intend to rely upon these written terms and conditions. Please make sure you ask for any changes to these terms and conditions to be put in writing. In that way, we can avoid any problems about what we and you are expected to do.
2. Subject to clause 18.3 below, we have the right to revise and amend these terms and conditions from time to time for any reason, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
3. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and dispute resolution
1. We hope that you will be entirely satisfied with your purchase but in the unlikely event that you have a complaint, please contact us using our contact details given in Clause 1.2.
2. Contracts for the purchase of Products through our site, 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), will be governed by English law. You can bring legal proceedings in respect of any such dispute or claim in the English courts or, if you live in Scotland, the Scottish courts or, if you live in Northern Ireland, the Northern Irish courts.
3. In addition, please note that disputes may be submitted to the European Commission Online Dispute Resolution platform for online resolution by an independent body (without having to go to court).