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terms of use


Nurtured Foods Limited is a company registered in England and Wales with registered company number 09551042, whose registered office is at Yew Tree House, Takeley, CM22 6QU.

 

Nurtured Foods and the Nurtured Foods logo are owned by and copyrighted by Nurtured Foods.

 

BY PRESSING THE "I HAVE READ AND AGREE TO THE TERMS OF USE" BUTTON DURING REGISTRATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS. In particular, you acknowledge that you have read and understood these terms and conditions and in particular Nurtured Foods’ disclaimer of warranties; limitation of liability; protection and use of your personal data; your consent to the publication of feedback and for sellers your ratings about your performance on the Nurtured website.

 

Terms and Conditions for Buyers

 

1. Customers

 

1.1 We provide a way for you to browse local producers and communicate your order ("Order") for products ("Products") from the producers ("Producer") displayed on this Website either for delivery or for you to collect from the Producer.

1.2 By joining Nurtured Foods, members can view their order history, rate past orders, introduce friends, comment on our blogs and earn discounts.

1.3 You may access some areas of this Website without making an Order or registering your details with us. Most areas of this Website are open to everyone.

1.4 Your Access to this Website constitutes your agreement to be bound by the Terms and Conditions. We reserve the right to amend the Terms and Conditions at any time and you should from time to time refer to them on this page and elsewhere on this website.

1.5 You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access this Website through your Internet connection are aware of these Website Terms and that they comply with them.

1.6 You may not use this Website for any unlawful or unauthorised purpose, including without limitation:

- distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material

- transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

- Interfering with any other persons use or enjoyment of this Website.

- Damaging, disabling or impairing the operation of this Website or attempting to gain unauthorised access to this Website or to networks connected to it, through hacking, spoofing or other such similar means.

1.7 By placing an Order through this Website, you warrant that: You are legally capable of entering into binding contracts; and you are at least 18 years old. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. 

Furthermore, you acknowledge and agree that: Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18; cigarettes are not for sale to persons under the age of 18; and orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.

1.8 You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

1.9 Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

1.10 Nurtured Foods endeavours to deal with reputable Producers who provide a quality service, however Nurtured Foods accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from the Producers

 

2. Communicating your Order: 

2.1 Once you have selected the Products you wish to Order from the list of items for sale from your chosen Producer and selected whether you wish to collect your Order or have it delivered and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "place my order" or similar button, at this stage your payment will be processed. Before clicking or selecting this button it is important that you check all the information that you enter and correct any errors; once you have clicked or selected this button your Order will begin processing and errors cannot be corrected.

2.2 Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact the Producer directly. However, there is no guarantee that the Producer will be able to agree to your request.

2.3 On receipt of your Order and once your payment has been processed, we will notify you by email that your Order has been received and has been sent to the Producer. Please note that any confirmation page that you may see on this Website and any Order confirmation e-mail that you may receive merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Producer. We encourage all our Producers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Producer rejects your Order. However, Producers have the discretion to reject Orders at any time because they are out of stock, too busy, due to weather conditions or for any other reason.

2.4 Estimated times for deliveries and collections are provided by the Producer and are only estimates. Neither Nurtured foods nor the Producer guarantee that Orders will be delivered or will be available for collection within the estimated times.

2.5 Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

 

3. Payment

3.1 Once your order has been accepted, this represents an agreement between you the customer and the Producer. The Producer has sole responsibility for this order. Cash payments directly to the Producer are not accepted, Nurtured Foods will collect payment by PayPal, credit or debit card on this website when an Order is placed then the transaction is processed by us as an authorised agent of the Producer.

3.2 All prices are inclusive of VAT and quoted in British (Sterling) Pounds.

3.3 Delivery and/or card charges are calculated per order and based on the policy of the individual Producer. Any delivery charges or card fees will be displayed clearly in your Order Summary.

3.4 Prices are subject to change and all goods are subject to availability.

 

4. Customer satisfaction 

4.1 Your satisfaction is extremely important to us. You can contact us by clicking or selecting the "Contact Us", "Help" or similar button.

If you have any problems with your Order, you should contact the Producer directly.

4.2 All questions regarding the products for sale on this website should be directed to the Producer selling the products.

4.3 If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you should contact the Producer directly. However, there is no guarantee that the Producer will agree to your requests as they may have already started processing your Order.

4.4 In the event that you are dissatisfied with the quality of any Products or the service provided by the Producer, please consider providing feedback in the form of ratings, comments and reviews on our Website to reflect your experience. Please note that all reviews are vetted by us before they are posted on this website and Nurtured Foods reserve the right to reject any abusive, offensive or inappropriate reviews.

4.5 If you are dissatisfied with the quality of any Products or the service provided by the Producer and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Producer directly to lodge your complaint and, where appropriate, follow the Producer's own complaint procedures.

4.6 Nurtured Foods have no control over Producers and the quality of the Products or service that they provide, and Nurtured Foods are not able to provide, have no responsibility or liability for providing, any compensation to you on behalf of any Producer.

4.7 You may not copy, print, download, reproduce, republish, transmit, broadcast display, re-use or modify the materials from this Website, without the prior written consent of the copyright holder.

4.8 All copyright, trademarks and other intellectual property rights in this website and its content (including without limitation this website design, text, graphics, logos, icons, images and all software, databases and source code connected with this website) are owned by or licensed to Nurtured Foods or otherwise used by Nurtured Foods as permitted by law.

4.9 Nurtured Foods try to ensure this Website is available twenty four (24) hours a day, however, we do not undertake any obligation to do so, and we will not be liable to you if this Website is unavailable at any time or for any period.

Access to this Website may be suspended temporarily at any time and without notice.

4.10 The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to this Website; any transmission is at your own risk.

4.11 Nurtured Foods are unable to confirm that information on this Website provided by our Producers is correct, we do not promise it is accurate or complete. We or our Producers may make changes to the material on this Website, or to the Service, Products and prices described on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update that material.

4.12 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the service provided or this Website (including the use, inability to use or the results of use of the service or this Website) for  any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

4.13 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of this Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

 

Terms and Conditions for Sellers

 

1. Eligibility and Registration Requirements

1.1 Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales, Scotland and Northern Ireland.

1.2 Only visitors to the Site who register and enter into these Terms and Conditions are authorised to sell on Nurtured Foods.

1.3 You must provide true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered. Your application for registration must be acceptable to Nurtured Foods in its own absolute discretion and we reserve the right to reject your registration for any reason.

1.4 To register you must provide your real name, address, phone number, e-mail address.

1.5 You are obliged to notify Nurtured Foods of any changes to your registration information immediately.

1.6 If you provide false or incorrect registration information or do not notify Nurtured Foods of changes to your registration information immediately, Nurtured Foods reserves the right to terminate your account immediately and without notice to you.

1.7 You are solely responsible for maintaining the security of your account. If your password or login details are compromised you must change your password or notify Nurtured Foods.

 

2. Pricing

2.1 By offering items for sale at a fixed price the price must be inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable and you may not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export, and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Nurtured Foods site.

2.2 For items listed for sale you may only charge buyers a fixed delivery charge and such a charge will be priced in accordance with Nurtured Foods’ delivery charge structure which sellers can allocate within their account. Delivery charges will be displayed to buyers at check-out. 

 

3. Prohibited Items 

Any authorised seller may list an item for sale on Nurtured Foods’ website subject to these terms and conditions. However, the following items must not be listed on Nurtured foods’ by sellers or purchased by buyers:

3.1 Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;

3.2 Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);

3.3 Living animals;

3.4 Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law);

3.5 Firearms and ammunition;

3.6 Stolen goods;

3.7 Illegal or prescription drugs;

3.8 Items whose sale, distribution or offering for sale is prohibited by any applicable law;

3.9 Items whose sale is subject to export restrictions (e.g.: Cuban cigars)

3.10 Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);

3.11 any other types of products that in our discretion are to be excluded from listing and/or sale from Nurtured Foods’ website.

 

4. Contract fulfilment

4.1 Nurtured Foods will confirm each order to the seller and the buyer. Sellers must dispatch items sold within the timeframe they have specified on their listing once the order confirmation is made.  The buyer will specify their preferred collection or delivery day and the seller must liaise directly with the buyer to make these arrangements.

4.2 Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:

(a) Buyers are required to pay sellers in the currency in which the price is listed;

(b) The sale will be subject to any warranties implied under applicable law; and

(c) The contract between the buyer and seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales, Scotland and Northern Ireland.

 

5. Nurtured Food's Participation

Nurtured Foods are neither the buyer nor the seller of the seller's items. Nurtured Foods are not an auctioneer. Nurtured Foods provide a platform for sellers and buyers to negotiate and complete transactions in accordance with the provisions of these Terms and Conditions. Nurtured foods are not the agent of the seller. The contract that is formed at the completion of a sale is solely between buyer and seller. The enforcement of any contractual obligations arising out of a sale using Nurtured Foods’ website is the responsibility of the buyer and seller that are party to that transaction. Nurtured Foods are not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any sale.

Buyers and sellers use Nurtured Foods’ website at their own risk. The seller will resolve any subsequent dispute directly with the buyer.  The seller provides details of their returns policy, which is entirely at their discretion, and this information is available to view on the sellers’ page.

 

6. Termination

Nurtured Foods may, in its sole and absolute discretion, terminate access to their website or any current items listed for sale immediately without notice.

Sellers may terminate their participation on Nurtured Foods’ website at any time.  Nurtured Foods may terminate the sellers’ participation on Nurtured Foods’ website at any at any time.  Upon termination, all rights and obligations of the parties within these terms and conditions will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by the seller.

 

7. Nurtured Foods reserves the right to;

7.1 Immediately prevent or restrict access to their website; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the website under these terms and conditions. Nurtured Foods reserve the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Nurtured Foods reserves the right to refuse listings or to immediately remove any listings where they object to how you identify yourself on the website (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name.

7.2 Each buyer or seller, agrees that Nurtured foods shall be entitled to retain for any interest that has accrued on balances in all its bank accounts.

 

8. Ratings and Feedback

8.1 Buyers may leave feedback relating to sellers' performance in selling items on Nurtured Foods website using a 1-5 star rating system. You acknowledge and accept that your feedback and rating will be publicly available for viewing on Nurtured Foods’ website. Nurtured foods are not responsible for checking or editing the feedback or ratings on their website. You consent to the publication of, feedback and ratings even though such feedback or ratings may be critical or defamatory of you and even though Nurtured Foods may be aware or ought reasonably be aware that such feedback or ratings caused or contributed to the publication of a statement that is defamatory of you. You release Nurtured Foods from and waive all rights against Nurtured Foods in respect of any liability arising out of or in connection with the publication of any defamatory comments about you in such feedback and ratings.

 

9 Grants of Licence, Intellectual Property and Linking and Framing

9.1 By agreeing to these terms and conditions and listing an item for sale, you grant Nurtured Foods a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date.

Nurtured Foods grants you limited non-transferrable license for you to make personal use of their website in accordance with these terms and conditions. This license expressly excludes, without limitation: any resale or commercial use of the website; modifying, distributing, copying, republishing or making any derivative of the website; the collection and use of buyers or sellers e-mail addresses or other information, ratings, feedback or listings, or any data extraction or data mining whatsoever. 

9.2 Intellectual Property Rights 

Nurtured Foods reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) on the website. Any goodwill accruing out of the use of Nurtured Foods' and its affiliates' trade marks, trade and business names and  service marks within these terms and conditions will vest in Nurtured Foods and its  affiliates, as the case may be.

9.3 Linking to Nurtured Foods’ website and prohibition on Framing 

Despite anything else contained in these terms and conditions, you must ensure that each link (graphical, text or otherwise) to the website posted or maintained on any location by you or on your behalf, conveys users directly to Nurtured Foods’ website, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of Nurtured Foods’ website as seen by users linking to the website to be different from that seen by users who access the website by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on Nurtured Foods’ website.

9.4 Linking off the Site 

Sellers must not include any links (graphical, text or otherwise) in any of their listings on Nurtured Foods’ website, save where such links convey users directly to another location on the website, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by Nurtured Foods.

 

10. VAT and other taxes on the sale of goods and/or services by sellers 

10.1 You agree that it is the seller's responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on Nurtured Foods’ website is inclusive of any VAT, customs, import or export duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Nurtured Foods are not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the website and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.

 

11 Fees

11.1 By entering into these terms and conditions the seller acknowledges and understands that Nurtured Foods fee to sell your produce on this site is on a commission basis and 7.5% of the total price of each transaction made through the website will be deducted from the total price and the balance sent directly to you.

11.2 There is no joining fee and it is free to signup to the website.