These Terms will apply to any contract between us for the sale of Goods to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods. You should print a copy of these Terms for future reference.
We may amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
INFORMATION ABOUT US AND CONTACTING US
This website is operated by Two Nourish at 30 Alma Road, Newhall, Swadincote, DE11 0SD, United Kingdom.
To cancel a Contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or by post to 30 Alma Road, Newhall, Swadincote, DE11 0SD, United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org.
If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
When we refer, in these Terms, to "in writing", this will include e-mail.
Our Goods are made available on our site for purchase by consumers only (a “consumer” being an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession). By submitting an order in accordance with these Terms you warrant and represent that you are a consumer and that you are at least 18 years old.
The images of the Goods on our site are for illustrative purposes only. Your Goods and any packaging may vary from that shown in images on our site.
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. Please take the time to read and check your order at each stage of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with any Goods, for example because such Goods are not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods. Please note however that images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of the goods may vary.
OUR RIGHT TO VARY THESE TERMS
We may amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated. Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us. Any amendments we make to these Terms will not affect any order you have already submitted unless we are required to revise these Terms to reflect any changes in relevant laws and regulatory requirements. If we do 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. If you opt to cancel, you will have to return (at our cost) any Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges, according to our Returns Policy.
YOUR RIGHT TO CANCEL THE CONTRACT
If you are a consumer, you have a legal right to cancel a Contract during 14 days as set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of Goods that are liable to deteriorate or expire rapidly or any Goods which become mixed inseparably with other items after their delivery.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
(a) If your Contract is for a single item (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you receive the Goods.
(b) If your Contract is for either one item (which is delivered in instalments on separate days) or multiple items (which are delivered on separate days), the end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
To cancel a Contract, you just need to let us know that you have decided to cancel per email, phone or post, as set out above.
If you cancel your Contract we will:
(a) refund the price you paid for the Goods. However, please note we are permitted by law to reduce your refund 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 (such as by opening any sealed food packaging). If we refund 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.
(b) refund any delivery costs you have paid for standard delivery. Any amount paid for express or other such delivery over and above the cost of standard delivery are non-refundable.
(c) make any refunds due to you without undue delay and in any event no later than:
(i) if you have received the Goods: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us; or
(ii) if you have not received the Goods: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Goods to us because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will make any refund to the credit card or debit card or PayPal account used by you to pay.
If Goods have been delivered to you before you decide to cancel your Contract:
then, unless we otherwise notify you, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. To be eligible for a refund, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You should send it back to us at 30 Alma Road, Newhall, Swadlincote, DE11 0SD, United Kingdom.
(b) unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us. Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Our Dispatch Confirmation will include an estimated timescale for delivery. After we have issued a Dispatch Confirmation our third-party carrier will contact you with an estimate delivery date, which will be within 15 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control.
If no one is available at your address to take delivery, we (or our carrier) will leave you a note that we (or our carrier) have attempted to make delivery of the Goods. You should follow the instructions of the note to re-arrange delivery.
Delivery of an Order shall be completed when we (or our carrier) deliver the Goods to the address you gave us and the Goods will be your responsibility from that time. You own the Goods once delivery has been completed or (if later) once we have received payment in full, including all applicable delivery charges.
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
If we miss the 15 day delivery deadline for any Goods then you may cancel your Order straight away if we have refused to deliver the Goods; or if delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or if you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
PRICE OF GOODS, DELIVERY CHARGES AND PAYMENT
The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
Prices for our Goods may change from time to time, but changes will not affect any order you have already placed for which we have issued a Dispatch Confirmation.
The price of the Goods includes VAT (where applicable) at the applicable current rate chargeable in the country from which the order was placed. 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 Goods in full before the change in VAT takes effect.
The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the online check-out, before you confirm your order.
You can only pay for Goods using a debit card or credit card or 3rd party payment providers. Payment for the Goods and all applicable delivery charges is to be made in advance and we will charge your debit card, credit card or 3rd party payment providers at the time you submit your order. In the event that we are unable to process or accept your order we will refund any amounts you have paid in advance in full.
OUR LIABILITY TO YOU
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business losses.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 to 15 of the Sale of Goods Act 1979 (title and quiet possession, description, satisfactory quality, fitness for purpose and samples); and
(d) defective Goods under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or transport networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms, any Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
The above Terms contain the entire understanding and agreement between you and Percuro and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or Percuro which is not contained herein.
Last updated: 11 April 2022