Terms of Use 2017-06-07T13:29:35+00:00

Terms of Use

(1)  About Us

We understand that from time to time a product may be returned to us.
We have created this 30-day returns policy to enable you to return the product(s) to us in appropriate circumstances.

This policy does not affect any statutory rights you may have (such as consumer rights under the Consumer Protection (Distance Selling) Regulations 2000).

(2) Contact us

For enquiries please email us at info@nutsorganic.co.uk.

All correspondence should be sent to:
Nuts Organic, FAO: Mr A Bricha, 10 Dame Kelly Holmes Way, Tonbridge, Kent TN9 2FB, England

(3)  Introduction

These Terms of Use govern your use of our website; by using our website you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use you must not use our website.

If you register with our website we will ask you to expressly agree to these Terms of Use.

Our website uses cookies. By using our website and agreeing to these Terms of Use, you consent to our use of cookies.

(4)  Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter, blog posts and news stories.

(5)  Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to our website without our express written consent.

(6)  Accuracy of content

We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. All prices are displayed including VAT. Purchases from non EU countries may result in import duties payable on receipt of the goods. The customer is responsible for these duties.

We are not responsible for the content of any off-website pages or any other websites linked to or from this website. Links appearing on this website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith.

All images of products or services on this site are purely for graphical representation only. Whilst every effort is made to ensure the accuracy of the information, we accept no responsibility for inaccurate images of products or images differing from actual products received.

(7)  Availability

All goods are subject to availability. Prices stated on our website remain in effect for so long as the products are available or as otherwise stated on our website. All offers and promotions are subject to availability.

There will be some times when your access to this website is restricted to allow for repairs, maintenance or improvements. If you find a fault, please contact us.

(8)  Products

Prices stated on our website may be stated incorrectly. This will be a short-term error while essential maintenance/updating of the website are being carried out.

Prices for products are liable to change at any time, but changes will not affect contracts which have already come into force, i.e. where orders have been placed before these changes became effective.

The purchase of products via our website will be subject to our terms of sale.

(9)  Delivery rules and restrictions

Delivery charges are specified in the Delivery section. The delivery charge is shown prior to confirming your order. You are responsible for arranging collection/redelivery of the package once delivery has been attempted by the carrier.

An order can be delivered to one address only. If you require orders to be delivered to multiple addresses you need to place a separate order for each delivery address.

We are unable to process orders to a PO Box address.

We endeavour to dispatch all orders within 48 hours of order placement. Unless agreed otherwise all orders are sent by Royal Mail second class post with estimated delivery within 3 to 5 working days. Orders are processed and shipped on working days only (Monday through Friday, excluding bank holidays). Orders over £20 may require a signature upon delivery.

Nuts Organic does not accept responsibility if the delivery company fails to notify you of an attempted delivery. In the unlikely event that your order gets delayed or goes missing in transit, refunds or replacements will only be issued after our customer support team has attempted to locate your order with the delivery company used.  If collection/redelivery from a depot/sorting office is not arranged by yourself a refund (minus the original shipping charge) will only be issued once the goods have been returned to us. This may take up to three weeks.

All prices are displayed including VAT. Purchases from non EU countries may result in import duties payable on receipt of the goods. The customer is responsible for these duties.

(10)  Returns and exchanges

Please refer to our Returns Policy.

(11)  Force Majeure

In this section, ‘force majeure event’ means:

  1. Any event which is beyond our reasonable control;
  2. The unavailability of raw materials, components or products; and/or
  3. Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, extreme weather, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

(12)  Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the way your information is collected and used.

This notice applies to all personal information collected or submitted on this site.

When you supply any personal information to us we have a legal obligation towards you in the way we deal with that data. We must collect the information fairly, that is, we must explain how we will use it and tell you if we want to pass the information on to anyone else.

In general, any personal information you provide to us will only be used by us. It will never be supplied to anyone outside Nuts Organic without first obtaining your consent, unless we are obliged or permitted by law to disclose it.

What information do we collect?

We collect, store and use the following kinds of personal information:

  1. Information about your computer and about your visits to and use of this website;
  2. Information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
  3. Information that you provide to us for the purpose of registering with us;
  4. Information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
  5. Any other information that you choose to send us.

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website. We may use your personal information to:

  1. Administer the website;
  2. Improve your browsing experience by personalising the website;
  3. Enable your use of the services available on the website;
  4. Send to you goods purchased via the website;
  5. Send statements and invoices to you, and collect payments from you;
  6. Send you general (non-marketing) commercial communications;
  7. Send you free gifts;
  8. Send you email notifications which you have specifically requested;
  9. Send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can choose to unsubscribe at any time);
  10. Provide third parties with statistical information about our users although this information will not be used to identify any individual user;
  11. Deal with enquiries and complaints made by or about you relating to the website;
  12. Keep the website secure and prevent fraud.

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

All our website financial transactions are handled through our payment service providers such as PayPal. We will share information with these providers only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

(13)  Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose your personal information:

  1. To the extent that we are required to do so by law;
  2. In connection with any legal proceedings or prospective legal proceedings;
  3. In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
  4. To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
  5. To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  6. Except as provided in this policy we will not provide your information to third parties.

(14)  Security of your personal information

We will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure password and firewall protected servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.

Of course, data transmission over the internet is inherently insecure and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password and user details confidential. We will not ask you for your password except for when logging into the website.

(15)  Third party websites

This website may contain links to other websites. We are not responsible for their privacy policies, website content or practices of these websites.

(16)  Updating information

This website may contain links to other websites. We are not responsible for their privacy policies, website content or practices of these websites.

(17)  Warranties and liabilities

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

However, the products are provided on an “as is” basis and it is your sole responsibility to ensure that products ordered are suitable for their intended purpose.

Subject to the previous two paragraphs:

(a) Our total liability to you or to any third party whether in contract, tort (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party’s) use of the products (including, without limitation, loss of business, costs or expenses) will be limited to the price of your order; and

(b) We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the products.

(18)  Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this section and elsewhere in these Terms of Use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(19)  Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

(20)  Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

  1. Send you one or more formal warnings;
  2. Temporarily suspend your access to the website;
  3. Permanently prohibit you from accessing the website;
  4. Block computers using your IP address from accessing the website;
  5. Contact your internet services provider and request that they block your access to the website;
  6. Bring court proceedings against you for breach of contract or otherwise; and/or
  7. Suspend and/or delete your account with the website.

(21)  Variation

We may revise these Terms of Use from time to time. Revised Terms of Use will apply to the use of our website from the date of the publication of the revised Terms of Use on our website. Please check this page regularly to ensure you are familiar with the current version.

(22)  Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

(23)  Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(24)  Exclusion of third party rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

(25)  Product Reviews

In these Terms of Use, ‘your reviews’ means material that you submit to us for publication on our website whether as a product review or otherwise.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your reviews will comply with these Terms of Use.

Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).

Your reviews (and their publication on our website) must not:

  1. Be libellous or maliciously false;
  2. Be obscene or indecent;
  3. Infringe any copyright, moral right database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. Infringe any right of confidence, right of privacy, or right under data protection legislation;
  5. Constitute negligent advice or contain any negligent statement;
  6. Constitute an incitement to commit a crime;
  7. Be in contempt of any court, or in breach of any court order;
  8. Be in breach of racial or religious hatred or discrimination legislation;
  9. Be blasphemous;
  10. Be in breach of official secrets legislation;
  11. Be in breach of any contractual obligation owed to any person;
  12. Depict violence (in an explicit, graphic or gratuitous manner);
  13. Be pornographic (or sexually explicit);
  14. Be untrue, false, inaccurate or misleading;
  15. Consist of or contain any instructions, advice or other information which may be acted upon and could if acted upon, cause illness, injury or death, or any other loss or damage;
  16. Constitute spam;
  17. Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  18. Cause annoyance, inconvenience or needless anxiety to any person.

Your reviews must be appropriate, civil, and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Terms of Use.

You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these Terms of Use in relation to your reviews, we do not undertake to monitor the submission of review to, or the publication of review on, our website.

(26)  Complaints

We aim to deal with any complaints in a fair, confidential, swift and effective way. Please email us: info@nutsorganic.co.uk.

Please include full contact details in addition to your e-mail address.

(27)  Copyright and Trade Marks

All content of this site, including text, images, source codes, logos, icons and photos and all other material, is the property of us or its content providers and is protected by copyright, database and other intellectual property rights.

The site is for personal use only and users may not exploit any part of the content in any way without the written permission of the copyright owner. All rights reserved.

(28)  Certification

Every product we retail holds a UK Safety Assessment and is compliant with the EU Cosmetic Regulations. Copies of all certification can be supplied upon request.

(29)  Entire agreement

These Terms of Use together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreement in respect of your use of this website.

(30)  Law and jurisdiction

These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the (non-)exclusive jurisdiction of the courts of England and Wales.

Nuts Organic is a trading name for Mr Alhoumaidi Bricha.