TERMS & CONDITIONS
These Terms and Conditions govern your use of the website accessed through nellieandbelle.co.uk (the "Website") and any orders you place through the Website.
Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions and, before proceeding with an order, you will be required to show that you have read and understood them by clicking on the "I accept" button at the end of these Terms and Conditions. Please note that you will be required to do this each and every time you place an order through the Website. If you do not agree to these Terms and Conditions, please do not register for use or use the Website.
1. Ownership and Intellectual Property
1.1 The Website is owned and operated by Zoe Smith, trading as 'Nellie & Belle' and hereby known as the 'Operator'
1.2 The copyright and all other intellectual property rights in and to the Website and any and/or all of the material on the Website are either owned by us or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of each piece of material contained on the Website for your own private viewing purposes only, provided you keep intact all and/or any proprietary notices.
1.3 Subject to condition 1.2 above, no copying of either the Website and/or any and/or all of the material contained on the Website or distribution for any commercial or business use is permitted without our prior written consent. You may not include a link to the Website or display the contents of the Website surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.
1.4 No licence is granted to you in these Terms and Conditions to use any trade mark whether registered or unregistered of Nellie and Belle
2. Your Account
2.1 If you use the Website, you are responsible for (1) maintaining the confidentiality of your account and your password and (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
2.2 You must ensure that the details provided by you on registration at the Website or at any time are correct and complete.
2.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
3. Website information & availability
3.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. The Website is provided "AS IS" with warranties excluded to the fullest extent permissible by law. We do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
3.2 If a fault occurs in the service of the Website, you should report it via email and we will correct the fault as soon as we reasonably can.
3.3 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
3.4 Your attention is drawn to the following information in particular:
3.4.1 While we do our very best to ensure that the ingredients, feeding guides and analyses information is kept up to date, there may be occasions where a manufacturer has changed their recipe and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product's ingredients.
4. Other promotions, vouchers & competitions
4.1 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.
5.1 You may not use the Website for:
5.1.1 Transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
5.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
5.1.3 gaining unauthorised access to other computer systems;
5.1.4 interfering with any other person's use or enjoyment of the Website;
5.1.5 breaching any laws concerning the use of public telecommunications networks;
5.1.6 interfering or disrupting networks or websites connected to the Website; or
5.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
5.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
5.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
5.3.2 any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or
5.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
6. Right to suspend or cancel your registration
6.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
6.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.
6.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party's rights or liabilities.
7. Ordering goods
7.1 All orders placed through the Website will be subject to our acceptance of the order.
7.2 The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation" (“Contract”). Title to the goods will pass to you on delivery to you provided payment has been made in full. 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 goods has been confirmed in a separate Dispatch Confirmation.
7.3 Where you have used a promotional code to obtain a discount off the price of your order, acceptance of this order is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualify for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the order will be adjusted notwithstanding any email confirmation which you receive. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
8. Pricing, processing your orders and payment
8.1 The price of any goods will be as quoted on the Website from time to time, except in cases of obvious error. In the event of obvious inaccuracies in the prices quoted on the Website, we reserve the right not to fulfil and/or to cancel any orders placed by you in reliance on the inaccurate prices.
9. Our Liability
9.1 We warrant to you that any goods purchased from us though the Website are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.
9.2 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
9.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
9.4 If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to three times the purchase price of the goods you purchased.
9.5 Nothing in these Terms and Conditions shall exclude or restrict our liability:
9.5.1 for death or personal injury caused by our negligence;
9.5.2 under section 2(3) of the Consumer Protection Act 1987;
9.5.3 for fraud or fraudulent misrepresentation; or
9.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Limitations of liability
9.5.5. The Operator shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, even if the Operator has been advised of the possibility of such damages unless resulting from the gross negligence or intentional actions of the Operator.
10. Events outside our control
10.1 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 ("Force Majeure Event").
11.1 The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Overseas orders (i.e. orders from outside the United Kingdom) will not be accepted.
11.2 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
11.3 If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
11.4 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.
11.5 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the 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 goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
11.6 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.
11.7 We will endeavour to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.