By accessing this website you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not use or access this website. References to this website in these Terms and Conditions apply to this website however you access it, including a version optimised for mobile or tablet devices. Contracts for the supply of products and services formed through our website or as a result of visits made by you are governed by these Terms and Conditions of sale, as detailed below.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed onwww.nibbleandgnaw.com(website) to you. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions. Please note that the use of this website is subject to the terms contained in these Terms and Conditions, which apply whether or not you order any products from the website. You should also read our Privacy Policy.
We reserve the right to change these Terms and Conditions at any 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 the website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
If you are not a consumer you confirm that you have authority to bind any business on whose behalf you use the website.
2. The contract between you and us
You may place an order to purchase a Product advertised for sale on the website by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order.
After placing an order you will receive an order acknowledgement giving a summary of the Products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email which confirms that the Product has been despatched (Despatch Confirmation). The contract between us and you will only be formed when the order is despatched.
The contract will relate only to those Products whose despatch we have confirmed in the Despatch 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 Despatch Confirmation.
We may be unable to process your order if the product you ordered is out of stock or discontinued or there is a problem with authorisation of your payment. In the event of us being unable to process your order for any reason, we will contact you by email or telephone in an effort to resolve the problem.
3. Deliver
Delivery charges and estimated delivery timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales however occasional delays will happen from time to time for reasons beyond our or our carriers control. We shall be under no liability for any delay or failure to deliver the Products within the estimated timescales.
4. Risk, Price and Payment
Once delivered or on the date of the first attempted delivery, the Products ordered will become your responsibility and except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered we will not accept any liability for their loss, damage or destruction after that date.
Ownership of the Products will only pass to you on delivery of the Products to you or after receiving full payment of all sums due in respect of the Products (including delivery charges) whichever is the later.
The price of any Products will be those quoted on the website from time to time, except in cases of obvious error.
These prices include VAT if applicable but exclude delivery costs, which will be added to the total amount due at checkout or once you have selected a delivery service from the available options.
Prices are liable to change at any time.
It is possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product’s correct price is different from the price stated on our website, we may, at our discretion, contact you for instructions before dispatching the order or reject your order and notify you of such rejection.
We take payment from your card at the time we receive your order, once we have checked your card details and stock availability.
By using a credit/debit card to pay for your order, you confirm that the card being used is yours. To ensure that your credit, debit or charge card is not being used without your consent we will validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting the Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
5. Cancellations, Returns and Refunds
You may cancel your order (or any part of it) at any stage before the Products are delivered to you and up to 21 days afterwards. You may do so by simply returning the Products in accordance with the provisions detailed in the Returns, Refunds and Cancellations section of our website or by contacting us at info@nibbleandgnaw.com.
Where you decide to cancel an order after we have despatched the Products, you will be under a duty to return them to us at your own risk. All such Products should be returned within 21 days after the Products have been delivered to you. Until such time as they are returned you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging by one of the means set out in our Returns Information.
After you cancel your order and return the Products any sum debited by us to your credit/debit card will be refunded less any charges in accordance with these Terms and Conditions. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order and/or returning goods to us if applicable.
If any Product you purchase is damaged, faulty or incorrect when delivered to you we may offer an exchange or refund as appropriate in accordance with your legal rights. If you believe a Product is faulty you should return the Product to us in accordance with the instructions relating to Returns, Refunds and Cancellations. If you have any questions regarding returns please contact us.
All sizes and measurements of the Products are approximate but we do try to make sure that they are as accurate as possible.
Our policy on returns, refunds and cancellations does not affect your statutory legal rights.
6. Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of our website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
7. Liability and Indemnity
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
Subject to section 7.1 above, we will use reasonable endeavours to verify the accuracy of any information on our website but make no representation or warranty of any kind express of implied statutory or otherwise regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the website.
Subject to section 7.1 above other than as expressly provided in these Terms and Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Subject to section 7.1 above, we will not be liable in contract, tort (including without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms and Conditions for any:
Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
Loss of goodwill or reputation; or
Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
Notwithstanding the above, subject to section 7.1 above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same clause.
This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
The contract between us and you shall be governed by the laws of Northern Ireland and any dispute between us will be resolved exclusively in the courts of Northern Ireland. English is the only language offered for the conclusion of the contract.
We shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in the Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
To provide increased value to our customers we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and are not responsible whether directly or indirectly for their content.
You may not assign or sub-contract any of your rights or obligations under the Terms and Conditions or any related order for products to any third party unless agreed upon in writing by us.
We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under the Terms and Conditions or any related contract to any third party.
If any portion of the Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of the Terms and Conditions shall not be affected.
No delay or failure by us to exercise any powers, rights or remedies under the Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. For any waiver to be effective it must be in writing and be signed by an authorised representative of Nutritional Forage Limited.
The Terms and Conditions including the documents or other sources referred to in the Terms and Conditions sets forth the entire agreement and understanding between you and us for your use of the website.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
