Blak Nektar: website terms & conditions of use.
1. ABOUT THESE TERMS
These are the terms and conditions (the "Terms") on which we supply goods to you (the "Products").
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
3. USE OF OUR WEBSITE
Your use of our website is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you in addition to these terms.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
When you are ready to proceed to payment of your order, you will be taken to a portal operated by our payment processing provider, Worldpay, in order to complete the payment of your order. Once Worldpay have received your payment, they will email you directly with a receipt confirming your payment. We recommend that you retain this receipt. Worldpay will also separately confirm to us directly when they have received your payment.
After you have placed an order and made your payment via Worldpay, you will receive an order confirmation e-mail from us acknowledging that we have received your order, after which a binding contract will be formed between us (the "Contract").
IF WE CANNOT ACCEPT YOUR ORDER
We take steps to ensure that the Product availability information on our website is correct. However, there is a small chance that the Product availability information on our website may not be accurate.
If this occurs and we are unable to supply you with a Product after we have accepted your order, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our website as referred to below, we will inform you of this by e-mail. We will not dispatch your order and we will instruct Worldpay to issue you a full refund.
YOUR ORDER NUMBER
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
WE ONLY SELL TO THE UK AND IRELAND
Our website is solely for the promotion of our products in the mainland UK and Ireland, we do not deliver to addresses outside of the mainland UK or Ireland.
5. OUR PRODUCTS
PRODUCTS MAY VARY SLIGHTLY FROM THEIR IMAGES
The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
PRODUCTS PACKAGING MAY VARY
The packaging of the Products may vary from that shown in images on our website.
USE BY DATES
We have a minimum 28 day use by /sell by policy which means that no Product will be shipped for delivery which has less than 28 days until it is due to expiry.
6. PRICE & PAYMENT
WHERE TO FIND THE PRICE OF THE PRODUCT
All prices are shown on the website in pounds sterling and include VAT. The complete price for goods ordered including VAT and delivery charges will be clearly displayed prior to final checkout.
We use our best efforts to ensure that the price of the Product advised to you is correct. However please see below for what happens if we discover an error in the price of the Product you order.
WE WILL PASS ON CHANGES IN THE RATE OF VAT
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
WHAT HAPPENS IF WE GOT THE PRICE WRONG?
The prices of the Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but these changes will not affect any order we have already accepted, unless the price change is due to a change in VAT and you have not yet paid for the Product in full.
The price of a Product displayed on the website includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product displayed on the website does not include delivery charges. Our delivery charges are as advised to you during the check-out process and displayed on our website, before you confirm your order and make payment via Worldpay.
HOW TO PAY
We accept payment with MasterCard, Visa, Visa Debit, Maestro and JCB. As noted above, all payments are made via Worldpay at the point when you complete your order.
As a result of the payment process set out above, your payment will be made in full via Worldpay before your order is confirmed and dispatched by us. Once we received confirmation from Worldpay that your payment has been received, we will arrange for your order to be dispatched to you. If there is any issue with your order, for example if the Product ordered is out of stock, if the Product is not received by you, or if you cancel your order in accordance with these terms, then we will instruct Worldpay to issue you a full refund.
What to do if you think a receipt or order confirmation is wrong
As set out above, once you have made your payment via Worldpay, Worldpay will email you directly with your receipt. Once Worldpay have confirmed to us that they have received your payment, we will issue you with an order confirmation and arrange for your order to be dispatched to you.
If you think a receipt or order confirmation is wrong please contact us promptly to let us know.
The costs of delivery will be as displayed to you on our website and are based on the total price of all the Products ordered. We will confirm the costs of delivery to you during the order process.
WHEN WILL WE PROVIDE THE PRODUCTS
During the order process we will let you know via the confirmation email when we will provide the Products to you.
We will deliver your Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
Small parcels are delivered by Royal Mail standard delivery. Larger parcels and machines are delivered by TNT and somebody must be available to sign for goods on weekdays between 0800 and 1830.
Mainland UK orders received before 12 noon will be delivered within three working days of your order being accepted. Other UK and Ireland orders received before noon will be delivered within four working days. For special deliveries (such as next day or Saturday deliveries) please contact us to discuss possibilities and costs. For international orders, timing and costs are available on request and depend on location and export regulations. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
It is our policy to carry a large quantity of stock items. However, due to unforeseen circumstances we may from time to time, be out of stock of your desired item(s). As set out above, if this occurs we will contact you immediately to take your instructions as to how you wish to proceed.
IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will attempt to deliver your Products to a neighbour. If we leave your Products with a neighbour we will place a delivery card through your door to confirm this. If you would like your Products left in an alternative location please let us know at the time of ordering.
If we are unable to deliver your Products and we cannot leave them with a neighbour for you we will leave you a note informing you that delivery will be attempted again (usually on the next working day).
If following our second attempt at delivery we have still been unable to deliver your Products we will leave a note informing you of how to rearrange delivery or collect the Products from a local depot.
IF YOU DO NOT RE-ARRANGE DELIVERY
If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you compensation as set out below.
RESPONSIBILITY FOR THE GOODS
The Products will be your responsibility from the time we deliver the Product to the address you gave us; deliver the Products to a neighbour for you; or you or a carrier organised by you collect it from us.
9. YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
we have refused to deliver the goods;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
We may need certain information from you so that we can supply the Products to you, for example, delivery address, contact name, telephone number and email address. If so, this will have been requested during the order process.
We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and for defective Products under the Consumer Protection Act 1987
WE ARE NOT LIABLE FOR ANY BUSINESS LOSSES
We only supply the Products under these terms for domestic and private use. If you use the Products for any commercial, business or re-sale purpose they will be subject to our business terms and conditions which can be found here.
11. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order for the Products you have ordered please contact us. We will let you know if the change is possible.
If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract as set out below.
12. OUR RIGHTS TO MAKE CHANGES
Minor changes to the Products
We may change the Products:
to reflect changes in relevant laws and regulatory requirements such as food packaging standards; and
to implement minor technical adjustments and improvements, for example to address a known defect. These changes will not affect your use of the Product.
More significant changes to the Products and these terms
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
changes in relevant laws and regulatory requirements;
changes to our business processes such as our standard delivery times; and
changes to third party support.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
HOW TO TELL US ABOUT PRODUCTS
If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at +44 (0)141 420 2422, write to us at firstname.lastname@example.org or contact us here.
SUMMARY OF YOUR LEGAL RIGHTS
We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, for example a coffee machine or packet of coffee, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, (for example, if you have purchased a coffee Product that has less than 30 days left until it expire) then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases; or
if the Product you have purchased is offered with an additional manufacturer's guarantee, which will be clearly identified to you, the manufacturer may repair, replace or refund the price of the Product if it is faulty during a period of up to twelve months from the date you purchased the Products. This may be the case for certain electronic Products (such as coffee machines) sold on our website. When exercising your rights under a manufacturer's guarantee, please contact the manufacturer directly.
See also "Your rights to end the contract" below.
Your obligation to return rejected Products
If you wish to exercise your legal rights to reject Products you must post them back to us promptly or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01372 736 255 or write to us at email@example.com for a return label (if applicable) or to arrange collection.
14. YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. The reasons why you may wish to cancel are:
- Faulty Products. If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back)
if this is up to 30 days from the date you received the Products then you can get an immediate refund;
if this up to six months from the date you received the Products and your Products can't be repaired or replaced, then you're entitled to a full refund, in most cases; or
if the Product comes with a manufacturer's guarantee or warranty, you may have certain rights to a replacement Product or repair under the terms of that warranty for up to one year after purchase. These rights should be exercised by contacting the manufacturer directly.
- Something we have done. If you want to end the contract because of something we have done or have told you we are going to do such as an error in pricing or a delay in delivery due to an event outside of our control then you may wish to cancel the contract and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation if you have suffered loss (please see above regarding our liability to you).
- If you have just changed your mind about the Products. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. Details about changing your mind are set out below:
For most Products bought online you have a legal right to change your mind within 14 days and receive a refund, this is called the 'cooling-off' period.
Orders can be cancelled up to the point they are dispatched for delivery to you by contacting us on +44 (0)141 420 2422 or here. It is in your interest to contact us as soon as possible to ensure your order is not dispatched.
If you cancel your order before it is dispatched we will instruct Worldpay to refund in full any payment (including delivery charges) made by you.
If your Products (for example, a coffee machine or pack of coffee) have been dispatched you have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
If you change your mind after you (or someone you nominate) have received the Products, you must promptly return the Products to us. Please see below regarding your obligation to return the Products where you exercise your right to change your mind.
Please note you will not have the right to change your mind in respect of products which are sealed for health protection or hygiene purposes, if these have been unsealed after you receive them. This includes sealed food and drink products.
Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us here to let us know. Once you contact us the contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
15. HOW TO END THE CONTRACT WITH US (including if you have changed your mind)
Tell us you want to end the contract.
To end the contract with us, please complete the cancellation form available on our site and at the end of these terms.
Alternatively, you can cancel the contract by contacting us via one of the following:
Phone - Call customer services on +44 (0)141 420 2422
Email – firstname.lastname@example.org
Returning Products after ending the contract
If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us.
In any case, you must request a return and our customer services team will get in touch with you shortly. They can either arrange a collection for the to be returned goods with our delivery partner TNT or agree with you to post them back to us at 16/18 Lawmoor Road, Glasgow G5 0UL, UK and provide us with evidence that you have sent the Product back to us.
If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
WHEN WILL WE PAY THE COSTS OF RETURN
We will pay the costs of return:
if the Products are faulty or mis-described;
if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
if you are exercising your right to change your mind, however any food or drink Product that has been used or opened will not be accepted for a refund.
In all other circumstances you will pay the costs of return.
WHAT WE CHARGE FOR COLLECTION
If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
HOW WE WILL REFUND YOU
We will instruct Worldpay to refund you the price you paid for the Products including delivery costs (if applicable), by the method you used for payment.
However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind
IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop for example if you have removed or damaged any packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
WHEN YOUR REFUND WILL BE MADE
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
16. OUR RIGHTS TO END A CONTRACT
We may end the contract if you break it
We may choose to end the contract for a Product or suspend the delivery of an order at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address and other field marked mandatory during the order process; or
you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
YOU MUST COMPENSTATE US IF YOU BREAK THE CONTRACT
If we end the contract where you have broken the contract, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
WE MAY WITHDRAW THE PRODUCT
We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 1 day in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform using this link.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Blak Nektar
Matthew Algie & Company Limited,
16/18 Lawmoor Road,
Glasgow G5 0UL, UK;
telephone number +44 (0)141 420 2422
e-mail address email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]
Ordered on[*]/received on[*]
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)