www.nanona.co.uk (“our site”) is a site operated by Nanona Ltd (“we”, “us”, “our”).
UK Company no; 08632410
Registered office; Unit 5 Pizey Avenue Industrial Estate,
Clevedon, North Somerset BS21 7TS
VAT No. 171 9547 82
Subject to any permitted variation, the contract between you and us (the “Contract “) for the sale and purchase of any of our products (the “Products “) shall be on the terms set out in these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
These Terms and Conditions apply to all our on-line sales and any variation to these Terms and Conditions and any representations about the Products shall have no effect unless expressly agreed in writing by us. By placing an order on our site you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and Conditions.
Each order placed by you through our site shall be deemed to be an offer by you to buy the relevant Products subject to these Terms and Conditions.
GEOGRAPHICAL AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
YOUR STATUS
By placing an order through our site, you warrant that;
you have the permission of the business owner/s to enter into a contract
you are legally capable of entering into binding contracts
you are at least 18 years old
you are resident in the UK
you are accessing our site from the UK and
you are agreeing to be bound by these Terms and Conditions.
THE CONTRACT
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will only confirm such acceptance to you by sending you an e-mail once your order and payment have been successfully received (the “Order Confirmation”). The Contract will only be
formed when we send you the Order Confirmation. The quantity and description of the Products ordered shall be as set out in the Order Confirmation. For some products that require weighing the final total of weight and therefore price will be confirmed at the invoice and dispatch stage.
OUR SITE
If any Product you have ordered is not available we will contact you with the option of ordering a replacement Product, cancelling your order or waiting until the Product is back in stock.
We reserve the right to modify, substitute or remove any information on our site without prior notice. Price, Product information and Product availability are all subject to modification from time to time without prior notice.
All images and text on our site remain the property of Nanona Limited and may not be used without our prior written consent.
DELIVERY
Your order will be delivered to the address provided at the time your order was placed. We only deliver to UK addresses and cannot split a delivery into two or more addresses. Products cannot be left with any third parties and you will be responsible for any additional delivery charges incurred for failed deliveries.
STANDARD UK DELIVERY
Spend £250 (excluding VAT) for FREE DELIVERY. Orders UNDER £250 may be subject to a charge of up to £10. This will be confirmed on receipt of your order. We aim to deliver to mainland UK within 72 hours. Remote locations may take up to six working days.
ACCEPTING YOUR DELIVERY
Customers must ensure they or a member of staff are available to accept the order during the agreed timeslot. Deliveries should be checked immediately on receipt and the delivery note/invoice signed by way of acceptance. Please document any problems and communicate them to Nanona quickly.
If for any reason you fail to accept delivery of any Product when they are ready for delivery, or we are unable to deliver the Product on time because you have not provided the correct delivery address or appropriate instructions or no-one was there to accept the delivery at the time notified to you: risk in the Product shall pass to you, the Product shall be deemed to have been delivered and we may store the Product until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
You must provide, at the delivery address, and at your expense, adequate and appropriate equipment and manual labour for loading the Products. It is important that you store your products according to instructions immediately on receipt of them.
RISK AND TITLE
The Products ordered will be at your risk from the time of delivery.
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.
PAYMENT
The price of any Products will be as quoted on our site, except in cases of obvious error. All prices on our site are quoted in GBP (£). The quoted prices are exclusive of VAT. Prices quoted on our site are exclusive of delivery costs, which will be added to the total amount due. Prices and charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Payment is taken when we accept your order which is at the moment of dispatch. It is subject to availability and products that are out of stock at moment of dispatch will not be charged.
CATCH WEIGHT PRICES
Some products like cheese are priced per kilo but until we cut them we cannot know the exact weight. These will be subject to the final catch weight. The price will be adjusted accordingly on your invoice.
RETURNS
Please examine your goods on delivery. Please record damage on your delivery note and advise us by email, telephone or in writing within 24 hours. If the product is damaged please include a photo. Nanona can only accept returns where the order is incorrect, or the product is damaged.
OUR LIABILITY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
Our total liability for losses you suffer as a result of us breaching any of these Terms and Conditions or any Contract is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not liable for any indirect or consequential losses which happen as a side effect of the main loss or damage, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.
We cannot accept any liability or responsibility for any damage to, or any virus that may affect, your computer or computer equipment from browsing or downloading data, text or images from our site.
We cannot accept any liability or responsibility for information, views or opinions provided by third parties about, or in relation to, the content and material of our site.
SECURITY AND PRIVACY
This is a secure, protected site with measures in place to protect consumer and transaction data. Payments are made through the STRIPE Secure Payments systems, with payment and card details sent in an encrypted format. We are not able to access card payment details. Any information collected and stored by us is done so lawfully and in accordance with the Data Protection Act 1998. Our Privacy Policy can be viewed in full on our website.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
All notices given by you to us must be given to Nanona Limited at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our site, 24hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
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 (a “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; or 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.
WAIVER
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
SEVERABILITY
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time. 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 Order 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 JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.