TERMS OF SALE
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Subscription Boxes are sold by Us to consumers through this website, www.notjustnibbles.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Subscription Boxes from Our Site. You will be required to read and accept these Terms of Sale when ordering Subscription Boxes. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Subscription Boxes through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
2. Information About Us
2.1 We are not currently VAT registered.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Accounts
4.1 Consumers may only purchase Subscription Boxes through Our Site if they are at least 18 years of age.
4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.3 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else unless it is a parent or caregiver for your child or children. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.4 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.5 Any personal information provided in your Account including that relating to your children or children for whom the Subscription Boxes are intended to be given to will be collected, used, and held in as set out in Clause 18.
4.6 The details for children required will include: name, age, gender, date of birth, and dietary restrictions. It is your responsibility to keep these up to date in order to get the most out using Our Site.
4.7 If you wish to close and delete your Account, you may do so at any time by emailing us and providing us with at least 4 weeks’ written notice. Closing your Account will result in the removal of your information from Our system. If you have subscribed to our mailing list, you will need to unsubscribe in order for us to delete your information from that platform. If you have an active Subscription Box Order, your Account will remain active for the duration of the remainder of the Subscription Box plan period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription Box plan, where applicable.
5. Business Customers
These Terms of Sale do not apply to customers purchasing Subscription Boxes in the course of business. If you are a business customer, please contact Us.
6. International Customers
Please note that We only deliver within the United Kingdom.
7. Subscription Boxes, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Subscription Boxes available from Us correspond to the actual Subscription Boxes. Please note, however, the following:
7.1.1 Images of Subscription Boxes are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging and contents are for illustrative purposes only, the actual packaging and contents of Subscription Boxes may vary depending on availability, seasonality and our reasonable discretion.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Subscription Boxes, not to different Subscription Boxes altogether. Please refer to Clause 11 if you receive incorrect Subscription Boxes (i.e. Subscription Boxes that are not as described).
7.3 Where appropriate, you may be required to select the required plan attached to the Subscription Boxes that you are purchasing.
7.4 Minor changes may, from time to time, be made to certain Subscription Boxes, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Subscription Boxes and will not normally affect your use of those Subscription Boxes.
7.5 In some cases, as described in the relevant product descriptions, We may also make more significant changes to certain Subscription Boxes. If We do so, We will inform you in advance of the changes becoming effective. If you are not happy with the changes, you may end the Contract as described below in sub-Clause 13.1.
7.6 We may from time to time withdraw certain products from sale. If any Subscription Boxes purchased by you (whether as a one-off monthly purchase or by subscription) are likely to be affected by such withdrawal, We will inform you in writing at least 7 calendar days in advance. You will be refunded in full for any Subscription Boxes paid for that you will not receive due to their withdrawal. Refunds will be made within 14 calendar days of notice being provided to you of such withdrawal, using the same payment method that you used when ordering the Subscription Boxes.
7.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.10 regarding VAT, however).
7.8 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Subscription Boxes at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 calendar days, We will treat your Order as cancelled and notify you of this in writing.
7.9 In the event that the price of Subscription Boxes you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.10 All prices on Our Site are currently exempt from VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.11 Delivery charges are included in the price of Subscription Boxes displayed on Our Site. For more information on delivery charges, please refer to https://notjustnibbles.com/faqs/ Delivery options and related charges will be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Invoice by email. Only once We have sent you an Order Invoice will there be a legally binding Contract between Us and you.
8.4 Order Invoices shall contain the following information:
8.4.1 Your Order number;
8.4.2 Confirmation of the Subscription Boxes ordered including full details of the main characteristics of those Subscription Boxes;
8.4.3 Fully itemised pricing for the Subscription Boxes ordered including, where appropriate, taxes, delivery and other additional charges; and
8.4.4 If your Order is for the regular delivery of Subscription Boxes by subscription, details of your subscription, including its duration and renewal date.
8.5 We will not include a paper copy of the Order Invoice with your Subscription Boxes.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Subscription Boxes.
9. Payment
9.1 Payment for Subscription Boxes and related delivery charges must always be made in advance. Your chosen payment method will not be charged until We dispatch your Subscription Boxes. If you have chosen to receive Subscription Boxes as part of an ongoing subscription that is longer than a month, you will be billed in advance for the whole period before each delivery of Subscription Boxes as per your chosen subscription.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Credit Cards;
9.2.2 Debit Cards;
9.2.3 Paypal.
9.3 If you do not make any payment due to Us within 7 calendar days of Us reminding you that it is due, We may suspend delivery of the Subscription Boxes as under sub-Clause 10.8. If you still have not made payment within 14 calendar days of Our reminder, We may cancel the Contract.
9.4 If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know.
10. Delivery, Risk and Ownership
10.1 All Subscription Boxes purchased through Our Site will normally be delivered as follows:
10.1.1 For one-off monthly purchases, Subscription Boxes will normally be delivered within no more than 30 calendar days after the date of Our Order Invoice unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15);
10.1.2 For the ongoing supply of Subscription Boxes by subscription, Subscription Boxes will normally be delivered on the dates specified in your Order Invoice and We will continue delivering the Subscription Boxes until your subscription expires, or until it is ended either by you or Us;
10.1.3 If you order the first Subscription Box between 1st-14th of the month, you will receive each Subscription Box between 19th-22nd of the next month.
10.1.4 If you order your first Subscription Box between 15th-31st of the month, you will receive each Subscription Box between 5th-9th of the month.
10.2 If for any reason we are unable to deliver the Subscription Boxes to your chosen delivery address, we will leave a note informing you that the Subscription Boxes have been returned to our premises with instructions for arranging re-delivery. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
10.3 In the unlikely event that We fail to deliver the Subscription Boxes on time, as described in sub-Clause 10.1, if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Subscription Boxes; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Subscription Boxes that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date for the Subscription Boxes in question. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel some or all of the Subscription Boxes plans under sub-Clauses 10.3 or 10.4. Any sums that you have already paid for cancelled Subscription Boxes and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Subscription Boxes are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Subscription Boxes.
10.6 In some limited circumstances We may need to suspend the delivery of Subscription Boxes to you for one or more of the following reasons:
10.6.1 To fix technical problems with the Subscription Boxes or to make necessary minor technical changes;
10.6.2 To update the Subscription Boxes to comply with relevant changes in the law or other regulatory requirements;
10.6.3 To make more significant changes to the Subscription Boxes, as described above in sub-Clause 7.5.
10.7 If We need to suspend delivery of the Subscription Boxes for any of the reasons set out in sub-Clause 10.6, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Subscription Boxes, in which case We will inform you as soon as reasonably possible after suspension). No payment will be taken from you while delivery is suspended If suspension lasts (or We tell you that it is going to last) for more than 21 calendar days you may end the Contract as described below in sub-Clause 13.2.
10.8 If you have contacted Us to dispute any charges in good faith (see sub-Clause 9.5) We will not suspend delivery of the Subscription Boxes.
10.9 Delivery shall be deemed complete and the responsibility for the Subscription Boxes will pass to you once We have delivered the Subscription Boxes to the address you have provided and as stated on the Order Invoice.
10.10 Ownership of the Subscription Boxes passes to you once we have received payment in full of all sums due (including any applicable delivery charges) for those Subscription Boxes.
10.11 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Subscription Boxes.
11. Faulty, Damaged or Incorrect Subscription Boxes
11.1 By law, We must provide Subscription Boxes that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Subscription Boxes, that digital content must also conform. If any Subscription Boxes you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Subscription Boxes, please contact Us at help@notjustnibbles.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement. Your available remedies will be as follows:
11.1.1 Beginning on the day that you receive the Subscription Boxes (and ownership of them) you have a 30 calendar day right to reject the Subscription Boxes and to receive a full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Subscription Boxes, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while We obtain a replacement and will resume on the day that you receive the replacement Subscription Boxes. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
11.1.3 If, after a replacement, the Subscription Boxes still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Subscription Boxes at a reduced price, or to reject them in exchange for a refund.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Subscription Boxes before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Subscription Boxes for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Subscription Boxes for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not cancel or return Subscription Boxes to Us under this Clause 11 merely because you have changed your mind. If you are a consumer you have a legal right to a 14 calendar day cooling-off period within which you can cancel and return Subscription Boxes for this reason. Please refer to Clause 12 for more details.
11.3 To return Subscription Boxes to Us for any reason under this Clause 11, please contact Us at help@notjustnibbles.com to arrange a return. We will be fully responsible for the costs of returning Subscription Boxes under this Clause 11 and will reimburse you where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs for the affected Subscription Boxes.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Subscription Boxes.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Subscription Boxes if You Change Your Mind
12.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Invoice, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Invoice.
12.2 In addition:
12.2.1 If the Subscription Boxes are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Subscription Boxes.
12.2.2 If the Subscription Boxes are being delivered in separate instalments on separate days (but not those part of a plan longer than a month), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Subscription Boxes.
12.2.3 If the Subscription Boxes are being delivered on a regular basis under a subscription, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the first delivery of Subscription Boxes.
12.3 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience Cancellation by email effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.3.1 Email: <<help@notjustnibbles.com
In each case, providing Us with your name, address, email address, telephone number, and Order number.
12.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Subscription Boxes and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.5 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.5.1 If the contents in the Subscription Boxes are sealed for health or hygiene reasons and you have unsealed those elements of the Subscription Boxes after receiving them;
12.5.2 If the Subscription Boxes are likely to deteriorate quickly, for example flowers or food; or
12.5.3 If the Subscription Boxes have been personalised or custom-made for you.
12.6 Please ensure that you return Subscription Boxes to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.7 You may return Subscription Boxes to Us by post or another suitable delivery service of your choice to Our returns address at <<insert address>>. Please contact us in the first instance by email to initiate a return.We may request evidence of the return back to us or proof of postage is sent to us. Please note that you must bear the costs of returning Subscription Boxes to Us if cancelling under this Clause 12. The cost of returning Subscription Boxes to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.8 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.8.1 The day on which We receive the Subscription Boxes back; or
12.8.2 The day on which you inform Us (supplying evidence) that you have sent the Subscription Boxes back (if this is earlier than the day under sub-Clause 12.8.1); or
12.8.3 If We have not yet provided an Order Invoice or have not yet dispatched the Subscription Boxes, the day on which you inform Us that you wish to cancel the Contract.
12.9 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.9.1 Refunds may be reduced for any diminished value in the Subscription Boxes resulting from your excessive handling of them (e.g. no more than would be permitted in a shop, no tears or rips in the paper materials included in the Subscription Box, none of the spices opened or used nor any stains on aprons or baking sets used.). Please note that if We issue a refund before We have received the Subscription Boxes and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Subscription Boxes have been handled excessively.
12.9.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs (being the value of 2nd Class Royal Mail carriage) when issuing refunds under this Clause 12 if a delivery charge had been applied. We are required by law to reimburse standard delivery charges (or the equivalent) only.
b) Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Subscription Boxes.
13. Your Other Rights to End the Contract
13.1 You may end the Contract at any time if We have informed you of a forthcoming change to the Subscription Boxes that you do not agree to, as described in sub-Clause 7.5.
13.2 If We have suspended delivery of the Subscription Boxes for more than 21 calendar days or We have informed you that We are going to suspend delivery for more than 21 calendar days, you may end the Contract, as described in sub-Clause 10.7.
13.3 If you no longer wish to receive Subscription Boxes from Us and wish to end your subscription before your subscription period is complete you may do so by contacting Us as described below. Your cancellation will be effective 1 calendar month after the day on which you contact Us.
13.4 You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13.5 You will be refunded in full for any Subscription Boxes paid for that you have not yet received or will not receive due to your cancellation. Refunds under this Clause 13 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when ordering the Subscription Boxes.
13.6 If any Subscription Boxes are to be returned to Us as a result of your cancellation under sub-Clauses 13.1, 13.2, or 13.4, We will be fully responsible for the costs of returning those Subscription Boxes and will reimburse you where appropriate limited to standard delivery charges.
13.7 If you wish to exercise your right to cancel under this Clause 13, you may contact Us directly to cancel, please use the following details:
Email: help@notjustnibbles.com
In each case, providing Us with your name, address, email address, telephone number, and Order number.
14. Our Liability to Consumers & Disclaimers
14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 We only supply Subscription Boxes for domestic and private use by consumers. We make no warranty or representation that the Subscription Boxes are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
14.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14.5 We make reasonable efforts to ensure that the content contained within Our Subscription Boxes (including but not limited to instructions, recipe cards, Great Groceries literature) is complete, accurate and up-to-date such as nutritional benefits and values, allergen listings, latest changes to guidelines and legislation. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Subscription Boxes (and the content therein) is complete, accurate or up-to-date and it is your responsibility to check any allergen listings or nutritional benefits listed against each Subscription Box to ensure it will be suitable for the intended recipient of the Subscription Box . If you are in doubt about nutrition guidelines for children and their daily recommended intake levels, you should consult your GP or refer to the UK Government’s website on this.
14.6 The sources of content which we obtain and rely upon for some of the content that comprises Our Subscription Boxes is from openly available resources but We may have gained qualifications with reputable culinary schools but are not nutritionists or dieticians and nor do We represent, warrant or guarantee the accuracy of the information stated on literature accompanying Our Subscription Boxes.
14.7 The Subscription Boxes contain safety pointers alerting children to which stages of making the recipe is considered safe, requires extra care or is dangerous and warrants adult help or supervision. In addition the Subscription Boxes may also contain information and guidance on skills required to make a recipe and how to utilise and practise those skills such as knife skills. While We make reasonable efforts to highlight any possible area of risk and label it appropriately, You are responsible for making Your own risk assessment according to Your children’s age, kitchen capability and health issues that may result in different safety levels or skills instructions to be implemented. You are at all times responsible for Your Children’s safety in the home when using the contents of Our Subscription Boxes and any advice or guidance We provide is for information purposes only and should not be relied upon as being applicable to every child and every recipe. We shall not be responsible for any failure to read, observe or implement our safety measures or suggestions nor shall We be responsible for Your omission, error or failure to appropriately supervise and manage the use of Our Subscription Boxes by Your children.
14.8 You are responsible for keeping your children’s data on Your Account up to date as he or she grows (including any changes to allergies, intolerances or dietary restrictions) and We are not responsible if the data or details derived from the use of Our Site or Subscription Boxes is not accurate or complete as a result.
15. Events Outside of Our Control (Force Majeure)
15.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
15.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
15.2.1 We will inform you as soon as is reasonably possible;
15.2.2 We will take all reasonable steps to minimise the delay;
15.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
15.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Subscription Boxes as necessary;
15.2.5 If the event outside of Our control continues for more than 21 calendar days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled;
15.2.6 If an event outside of Our control occurs and continues for more than 21 calendar days and you wish to cancel the Contract as a result, you may contact Us directly to cancel by emailing Us at help@notjustnibbles.com
In each case, providing Us with your name, address, email address, telephone number, and Order number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled.
16. Communication and Contact Details
16.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at <help@notjustnibbles.com.
16.2 For matters relating the Subscription Boxes or your Order, please contact Us by email at help@notjustnibbles.com
16.3 For matters relating to cancellations, please contact Us by email at help@notjustnibbles.com or refer to the relevant Clauses above.
17. Complaints and Feedback
17.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. Please contact Us in accordance with Clause 16 above.
18. How We Use Your Personal Information (Data Protection)
18.1 All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union as of 31 January 2020), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookies Policy https://notjustnibbles.com/privacy-policy/
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
19.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale including any third person You may purchase Subscription Boxes as a gift for).
19.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
19.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
19.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Subscription Boxes you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 calendar days of your cancellation.
20. Law and Jurisdiction
20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
