Creative Nature Ltd
CONSUMER TERMS OF SALE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.creativenaturesuperfoods.com (our site) to you.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Information about us
We operate the website www.creativenaturesuperfoods.com. We are Creative Nature Ltd, a company registered in England and Wales under company number 06739250 and with our registered office is 8 High Street, West Molesey, KT8 2NA, Surrey. Our main trading address is 36 Central Avenue, West Molesey, Surrey, KT8 2QZ. Our VAT number is 946 4095 01.
By placing an order through our site, you warrant that:
you are a consumer acting for purposes outside of your business;
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
How the contract is formed between you and us
After placing an order, 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 a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail once we receive payment for the Products (Email Confirmation). The contract between us (Contract) will only be formed when we send you the Email Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Email 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 Email Confirmation.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 4.5 below).
To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any consumable or perishable products which by their nature cannot be returned
This provision does not affect your other statutory rights as a consumer.
If you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase or where you have an account with Creative Nature and you elect to receive store credit rather than a refund, we will credit you with store credit of an amount equal to any refund due to you.
Availability and delivery
The Products are sold subject to availability. If on receipt of your order the Products you have ordered are not in stock, we will inform you as soon as possible and issue a refund in respect of any sum that has been paid by you for the Products.
The Products will not be delivered until we receive payment in full for the Products.
Subject to clause 5.2, your order will be fulfilled by the delivery date set out in the Email Confirmation or, if no delivery date is specified, then within 30 days of the date of the Email Confirmation, unless there are exceptional circumstances.
If you fail to take delivery of the Products, then, except where this failure is caused by our failure to comply with these terms or by an event beyond your control:
we will store the Products until delivery takes place and may charge you a reasonable sum to cover expenses and insurance; and
we shall have no liability to you for late delivery.
If you have not taken delivery of the Products within two weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, refund the price you paid for the Products.
Risk and title
The Products will be your responsibility from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices include VAT. 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.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Email Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
Payment for all Products must be by credit or debit card as shown on our site.
We warrant to you that any Product purchased from us through our site will, on delivery be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Any descriptions, images or illustrations contained on our site are produced for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract and shall have no contractual force.
In the unlikely event that the Products do not conform with clause 9.1 please let us know as soon as possible after delivery. We will collect the Products on a date agreed between us or ask you to return the Products to us at our cost and once we have checked that the Products are faulty, we will:
provide you with a full refund and any applicable delivery charges and any reasonable costs you incur in returning the item to us; or
replace the Products;
We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we notified you via email that you were entitled to a refund.
These terms will apply to any replacement Products we supply to you.
Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 10.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
However, this clause 10.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 10.2.
Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
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.
All notices given by you to us must be given to Creative Nature Limited at 36 Central Avenue, West Molesey, Surrey, KT8 2QZ firstname.lastname@example.org. 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 12 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.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
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.
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.
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 events outside our reasonable control (Force Majeure Event).
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:
strikes, lock-outs or other industrial action;
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;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and
pandemic or epidemic.
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.
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.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
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, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, 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.
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.
Nothing in this clause limits or excludes any liability for fraud.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
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 the change to those policies or these terms and conditions before we send you the Email 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 by you of the Products).
Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
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.
Terms & Conditions
Creative Nature Ltd
WHOLESALE TERMS AND CONDITIONS
1.1 ‘The Seller’ means Creative Nature Limited
1.2 ‘The Buyer’ means the person, firm or company named as such overleaf.
2.1 The seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purport-ed to be made by the Buyer.
3. DESCRIPTION AND QUALITY
3.1 Unless otherwise stated the quality shall be equal to the fair and average quality of that year’s particular crop.
3.2 Due to the nature of many of the products sold by the seller, no guarantee can be given of 100% purity.
3.3 The seller is unable to make condition or warranty as to the suitability of goods for any particular purpose and it shall be the buyer’s responsibility to ensure that any goods contracted for or supplied are suitable, or put them into such a condition as will render them suitable for any particular purpose.
3.4 Due to the perishable nature of many of the goods sold, the seller is unable to make condition or warranty as to the length of time for which goods will remain fit for consumption. It is the responsibility of the buyer to ensure that such goods are fumigated as necessary.
3.5 Should any goods supplied not conform with their description or sample or not be of merchantable quality then such goods will be accepted but fair allowance should be made which shall be the Buyer’s sole remedy. Such allowance to be limited to the appropriate proportion of the purchase price. The Buyer shall forfeit the right to claim such an allowance if the claim is not made within seven days of delivery.
3.6 Use in production: If the goods, or any part thereof, supplied under the contract are processed, altered or tampered with in any way by the buyer or receiver of the goods or any other person, the quality of the goods shall be deemed to be acceptable to the buyer. All customers’ quality control checks are to be completed on the entire load prior to use in production or re-sale to 3rd parties in original state or as a blend.
4.1 The price of this contract is based on current costings. Should the price to the seller be increased due to any increase in freight, duty, levy, minimum import price, value, transport, landing, warehousing or other charges, then such increases shall be for the Buyer’s account.
5.1 References shall be requested of the Buyer, after which all invoices shall be paid within 30days from their date of issue or agreed terms in writing.
5.2 The goods remain property of the seller until full payment of the purchase price is made. The purchaser shall be authorised to process and re-sell the goods in the context of his ordinary course of business. In this event, the purchaser herby assigns (with regard to the goods still owned by the seller for lack of payment) the receivables or rights resulting therefrom to the seller.
5.3 In case payments are late for more than one payment obliga-tion, all claims against the purchaser shall fall due immediately.
5.4 Purchase terms of our customers apply only to the extent that they do not contradict our terms of payment and delivery.
5.5 We are entitled to assign the claims arising from our business relationship.
6. RIGHTS TO TERMINATE OR DELAY
6.1 The seller shall have the right at any time to demand from the buyer payment of all overdue accounts, whether for goods supplied under this or any contract of sale and in the event of the buyer failing to comply with such demand the seller may delay delivery until such overdue accounts are paid.
6.2 If the buyer should become insolvent, go into, or be placed into receivership or liquidation, has suspended payment of debts or is making arrangements with creditors, the seller may, without prejudice to any other rights to which he may be entitled hereunder or otherwise, terminate the contract forthwith (or upon such notice as the seller thinks fit).
7.1 Shipment and delivery dates are given in good faith, but are only estimates made by the seller.
7.2 The seller may, at his sole discretion; make delivery by instalments.
7.3 When delivery is made by instalments each delivery shall be considered a separate contract, and each instalment shall be paid for separately.
8. LOSS OR DAMAGE
8.1 It shall be the responsibility of the buyer to notify the carrier, warehouse and seller of any loss or damage to goods in writing within 3 days from the date of delivery, or if goods are sold ex-store then within 3 days from the date of the delivery order.
8.2 The buyer shall be debarred from recovering any losses whether resulting directly or indirectly from any loss or damage if he fails to comply with 8.1
8.3 In any event the seller shall not be liable for loss of profits or consequential loss or damage howsoever caused or occasioned.
9. RISK AND TITLE
9.1 Any risks relating to the Goods will pass to the Buyer upon delivery to the Buyer and the goods supplied by the Seller to the Buyer will remain the property of the Seller until the Goods have been paid for.
9.2 The Seller will be entitled to enter the premises that the Buyer occupies or to which he has access and where any of the Goods may be and to remove any such Goods in which the Seller has retained property.
10. PROPER LAW
10.1 This contract shall be governed by English Law.