Terms and Conditions

Terms and Conditions of NUTRI-BOMBZ.COM Limited

This page (together with any documents to which it refers) explains the Terms and Conditions against which we will supply the products (Products) listed on our website www.Nutri-Bombz.com (our site). Products are supplied via one of our purchase or subscription services (Services).

Please read these Terms and Conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our site.

  1. INFORMATION ABOUT US

1.1
We operate the website www.Nutri-Bombz.com

We are NUTRI-BOMBZ.COM limited, a company registered in England and Wales.

  1. SERVICE AVAILABILITY

2.1
Our site is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland (Serviced Countries). We do not accept orders from individuals outside of these countries.

  1. YOUR STATUS

By placing an order through our site, you warrant that:

3.1
you are legally capable of entering into binding contracts;

3.2
you are at least 18 years old;

3.3
you are a resident of one of the Serviced Countries; and

3.4
you are accessing our site from one of the Serviced Countries.

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1
After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products or to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by e-mail confirming that the order has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed once we have sent you the Dispatch Confirmation.

4.2
The Contract will relate only to Products for which we have issued a Dispatch 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 Dispatch Confirmation.

4.3
The subscription plan for our Services comprises of a recurring period charge as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature and that you accept responsibility for all recurring charges prior to termination. NUTRI-BOMBZ.COM limited may impose periodic charges (i.e. weekly / monthly) without further authorisation from you. Such charges may continue until sufficient notice is received by NUTRI-BOMBZ.COM limited that you wish to terminate a subscription (or change a method of payment), and until NUTRI-BOMBZ.COM limited have had a reasonable period of time to act upon your request.

4.4
By subscribing to www.Nutri-Bombz.com you are agreeing to pay recurring periodic subscriptions for an indefinite period of time, and until the subscription is deactivated by you or NUTRI-BOMBZ.COM limited. You can deactivate your subscription at any time. You will not be charged for deactivation of your subscription. You can re-subscribe at any time following your deactivation, but we reserve the right to refuse such activity where we have previously elected to terminate a subscription.

4.5
To cancel your subscription, visit our website www.Nutri-Bombz.com. Follow the steps below on our site (Please note any cancellation request must be submitted at least four working days before your next delivery):

1. Login to our website.
2. Mouse over ‘My Account’ in the top right corner of the screen next to the ‘Basket’ icon and From the drop down menu click the ‘SUBSCRIPTIONS’ option.
3. Decide which subscription you wish to cancel and click on “View”.
4. Click on ‘Cancel’.
5. Confirm that your subscription is now listed as ‘Cancelled’ or ‘Pending Cancellation’ (If payment is made with PayPal you will also receive an e-mail confirming cancellation).
6. Click on Subscriptions if you wish to cancel more than one subscription

4.6
We reserve the right, at our absolute discretion, not to renew your subscription at any time, and without giving any reason for our decision.

  1. VOUCHERS AND GIFT CARDS

5.1
We may offer gift cards, promotional discounts and other such vouchers (Voucher) which must be activated by email in order for the Voucher to be redeemed, and prior to any order being placed.  If paid for, the Voucher is deemed to have been sold at the time that payment is received by us. All of Terms and Conditions noted herewith shall become applicable to any transaction between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher as stated above. Vouchers cannot be redeemed for any cash alternative.

5.2
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published (either directly or indirectly) in any form, or stored in a data retrieval system without our prior written approval from NUTRI-BOMBZ.COM limited.

5.3
We reserve the right to withdraw or deactivate any Voucher (other than a pre-paid gift card) for any reason, at any time.

5.4
Vouchers may only be redeemed through the website (www.Nutri-Bombz.com) and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.

5.5
Any discounts attached to a Voucher apply only to the price of the Products ordered.

5.6
We reserve the right to exclude the use of voucher codes on specific products (e.g. personalised gift boxes).

  1. CONSUMER RIGHTS

6.1
You may deactivate a service at any time, however, you must do so at least four working days before your next delivery, and to deactivate you must:

1. Login to our website.
2. Click ‘My Account’ in the top-right corner of the screen.
3. From the drop down menu select tab ‘SUBSCRIPTIONS’.
4. Decide which of the subscriptions (under ‘My Account’) you wish to cancel.
5. Click on ‘Cancel’ for each subscription you wish to cancel.
6. Confirm that your subscription is now listed as ‘Cancelled’. You will receive an e-mail  confirming cancellation.

6.2 Effects of Deactivation

If you decide to deactivate a service, no penalty charges will be administered.
6.3 Exemption

Pursuant to regulation 28(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, boxes containing fresh ingredients are exempt from the right to withdraw.

  1. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, unless under exceptional circumstances.

  1. RISK AND TITLE

8.1
The Products will be at your risk from the time of delivery.

8.2
Transfer of ownership will take place only once full payment has been received in respect of the Products.

  1. PRICE AND PAYMENT

9.1
The price of the Products will be as shown on our site, except in cases of obvious error.

9.2
Product prices include VAT where applicable.

9.3
Product prices are liable to change at any time. Any changes to price will not affect any orders for which we have issued a Dispatch Confirmation.

9.4
Payment for all Products and Services must be by PayPal.

Worldpay Payments Processing Mastercard payments supported by Worldpay Visa Credit and Debit payments supported by Worldpay American Express payments supported by Worldpay PayPal Logo

  1. REFUND POLICY

10.1
If you are unhappy with your box for a legitimate reason (e.g. non-arrival of a delivery, damaged packaging or missing ingredients / products), we will offer an appropriate refund. We will request to see proof of the complaint.

  1. WARRANTY

We guarantee that any Product purchased from our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of such kind are commonly supplied.

  1. OUR LIABILITY

12.1
Subject to clause 12.2, if we fail to comply with these Terms and Conditions, we shall only be liable for the purchase price of the Products.

12.2
Nothing in this agreement excludes or limits our liability for:-

12.2.1
Death or personal injury caused by our negligence;

12.2.2
Fraud or fraudulent misrepresentation;

12.2.3
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

12.2.4
Defective products under the Consumer Protection Act 1987; or

12.2.5
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

  1. 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 website. 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.

  1. NOTICES

All notices given by you to us must be given to Nutri-Bombz.com Ltd at sales@nutri-bombz.com 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 in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours 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.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1
The contract between you and us is a binding agreement between you, us and on our respective successors and assignees.

15.2
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.

15.3
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.

  1. INTELLECTUAL PROPERTY RIGHTS

16.1
We are the owner or the licensee of all intellectual property rights on our site, whether registered or unregistered and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

16.2
You may print off one copy and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

16.3
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

  1. EVENTS OUTSIDE OUR CONTROL

17.1
We will not be liable or responsible for any failure to perform, or for any delay in performance of any of our obligations under a Contract, where the causes of such failures / delays are from events outside our reasonable control (Force Majeure Event).

17.2
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:

17.2.1
Strikes, lock-outs or other industrial action;

17.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

17.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster;

17.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

17.2.5
Impossibility of the use of public or private telecommunications networks; and

17.2.6
The acts, decrees, legislation, regulations or restrictions of any government.

17.3
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.

  1. WAIVER

18.1
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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2
A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3

No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated and is communicated to you in writing in accordance with Clause 13 above.

  1. SEVERABILITY

If any of these Terms and Conditions or provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Term, Condition or provision will be severed from the remaining Terms, Conditions and provisions and will continue to be valid to the fullest extent permitted by law.

  1. ENTIRE AGREEMENT

20.1
These Terms and Conditions and any document expressly referred to in them, constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of any Contract.

20.2
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

20.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

20.4
Nothing in this clause limits or excludes any liability for fraud

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1
We have the right to revise and amend these Terms and Conditions, without notice, to reflect changes in any market conditions that may affect our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities.

21.2
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 a change to those policies or these Terms and Conditions before we send you the Dispatch 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 of the Products).

  1. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of, or in connection with, them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of, or in connection with, such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  1. REGISTERED NAME AND OFFICE

NUTI-BOMBZ.COM LIMITED

Finance House

20/21 Aviation Way

Southend on Sea

Essex SS2 6UN

United Kingdom

Company registration number: 9710612

VAT registration number: 262206139

[floating_div_ps name=”php-date”]