Terms & Conditions
Last modified 5th February 2016
By submitting an order on our website you are agreeing to these Terms and Conditions; please read them carefully. These Terms and Conditions do not affect your statutory rights.
1. This website is operated by The Incredible Nutshell and the purchase of goods from this website is governed by these Terms and Conditions. From time to time we may amend these Terms and Conditions and when we do so we will update the "last updated" date in the paragraph above. Orders placed after this date will be bound by the changes made.
2. Purchase Contract
2.1. To place an order on our website you must be eighteen years old or over and have completed the registration process.
2.2. We will confirm acceptance of your order. We will do this either by email to the email address you have provided us with or by displaying a message on the website immediately after you have submitted your order. We may do both in which case acceptance will deem to be whichever arrived the soonest.
3. Prices and Delivery Charges
3.1. The price you will pay will be the website price at the time you placed or edited your order, subject only to any inadvertent technical error for which we will not be liable.
3.2. You will only be charged for the items that we supply, i.e. those that are in stock at the time your order is picked, plus substitutions for any out of stock items if you choose to receive them.
For this reason the prices shown on your order confirmation email and your order on the website whilst the order status is either 'open' or 'picking in progress' are considered guide prices only. The actual price will be calculated when your order is 'picked'.
3.3. The prices stated on the website will be inclusive of any VAT payable.
3.4. The price of the goods does not include a charge for delivery. The delivery charge may vary depending on your area, and your delivery time slot.
4. Methods of Payment
4.1. Payment may be made by debit or credit card only.
4.2. The debit and credit cards accepted by us are those listed on the website on the date on which your order is placed.
4.3. We will take payment from your card prior to dispatch once your order has been picked and packed.
4.4. We reserve the right to terminate our agreement with you if we are refused authority for payment at any time.
4.5. You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
5. Product Availability and Substitutions
5.1. All products are subject to availability.
5.2. We will always try to supply you with the full quantity that you have ordered. In the event that the order delivered to you is incomplete or includes incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
5.3 In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item at your complete discretion at the time of delivery.
You may choose not to receive substitutions when you place your order, in which case the non-available item(s) will be removed from the order and you will not be charged.
If you do not receive your order in person, we will only accept returns of non-perishable substitutions (i.e. items which are not chilled or frozen), within 14 days of you receiving them, in accordance with your statutory rights. You must inform us promptly and arrange for the item(s) to be returned to us before a refund is issued.
6.1 We will deliver your order to the delivery address that you selected when you placed your order. You may change your addresses at any time on the "Your Account" webpage however this will have no affect on any order that you have submitted but not had delivered. Should this situation arise you must contact us immediately by email or telephone. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
6.2 The delivery time is agreed with you when you submit your order. Accordingly it is your responsibility to ensure that an appropriate person is available at the delivery address at this time or alternative delivery arrangements are given to us when you placed your order, such as a neighbour or a place where the delivery can be left.
6.3 If there is no one available to receive the order and no alternative arrangements have been specified, we will be unable to deliver your order. We will notify you that delivery has been attempted and attempt to contact you to rearrange delivery or collection. If you fail to make alternative arrangements, we reserve the right to charge an administration fee in the event of us having to refund your order.
6.4 In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
6.5 Whilst we make every effort for your order to be delivered at the agreed time we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
7. Changes and cancellation
7.1. You can amend your order or cancel it on the website until 11.59pm on the day before delivery. Orders cannot be amended by telephone or email. If an order has not been dispatched you may cancel it by telephone.
7.2. If for whatever reason you are unhappy with any non-perishable (i.e. non-chilled or frozen) goods you may return them to us for a full refund provided you inform us within 14 days of receipt of your decision either by email or letter. We will arrange with you to either collect the goods from you or for you to return them to us at your cost. The goods must be unused, in the same condition as they were delivered to you, and in the original packaging.
7.3 We are unable to offer refunds for chilled or frozen items unless they were delivered to you in an unsatisfactory condition.
8. Defective Goods
8.1. We guarantee the quality of our goods. You must inspect the goods and notify us promptly by either informing the delivery person, telephone or email of any dissatisfaction with your order. For the goods that do not meet with your reasonable satisfaction we will arrange with you for them to be collected and at your discretion we will either fully refund you for them or replace them.
9.1. Nothing in these Terms and Conditions will exclude our liability for personal injury or death caused by our negligence.
9.2. We will not be liable to you if our performance is delayed or fails due to circumstances beyond our reasonable control including, but not limited to, fire, flood, strikes, riot, accident, civil commotion, disruption to energy supplies, and act of terrorism or war.
9.3. We will not be liable to you or any third party for any consequential or incidental loss.
9.4. Excepting that set out in paragraph 9.1 our maximum liability to you arising from any order and the subsequent supply of goods will be limited to the retail price of the goods contained in that order and the cost of delivery.
10. Privacy and security
10.1. The information we request from you when you register and when you place an order will be treated by us with care and security. We will not sell or rent your information to any third party for their marketing purposes unless you agree otherwise. Please see our full privacy statement for further details.
10.2. Whenever we request personal detail or credit and debit card information from you we will use Secure Sockets Layer (SSL) technology to encrypt the connection between us and you. Personal details are stored securely on servers that are not directly accessible via the Internet. Your card payment details are stored by our payment service provider.
10.3. When you register with this website you will be asked to provide a password. You must keep this password confidential and not disclose it to or share it with anyone. You will be responsible for all orders that are submitted using your password. If you know or suspect that someone else knows your password then you should change it immediately on the "Your Account" webpage. If we have reason to believe there may be a security breech or misuse of our website we may require you to change your password or we may suspend your account in accordance with paragraph 11 below.
11. Our right to cancel your registration.
11.1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breech any of your obligations under these terms and conditions.
12.1. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English Courts.
12.2. If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
12.3. The content of this website is protected by copyright, trademarks, and other intellectual rights. You are only permitted to use this material for your personal use in placing orders on this website. You may not otherwise reproduce, copy, modify, distribute or use for commercial purposes any of the content of this website without written permission from us.