The content of this website is only directed at and is intended to be available to residents of the United Kingdom. The contents of this website the terms and conditions of its use and all other matters relating to it are governed by and construed in accordance with English law.
Definitions
In these Terms and Conditions
"Group" means Naturally Best Ltd and its subsidiaries;
"Website" means this Website; www.NBest.co.uk;
"you"/"your"/"yourself" means you, a person who uses the Website;
"your equipment" means all such compatible equipment, software and communications lines
(including any public communication lines) required by you to properly access
the Website.
Terms and Conditions
The Group provides the Website which is generally accessible and may also offer various online services to its users. Such services may include product information, email, chat rooms, instant messaging, text messaging and bulletin boards.
Your use of and access to the Website is subject to these Terms and Conditions. By accessing the Website You are agreeing and accepting these Terms and Conditions. The Terms and Conditions may be changed at any time by us and without notice. Any changes shall be posted on this page. It is your responsibility to check these Terms and Conditions in case there are any changes. If you access the Website after we have made a change to these Terms and Conditions you shall be treated as having accepted the change.
1. Target Audience
Although anyone may be able to access the Website, the content of the Website and the products and services featured are only directed at and are only available to and for use by residents of the United Kingdom.
2. About the Website
2.1 The Website is provided by Naturally Best Ltd
2.2 The Website is a service provided to enable you to find information about the range of products and services provided by the Group. The Website may also include advertisements and general information related to/or about our range of products and services.
3. Copyright and Trade Marks
3.1 The Website and the copyright in the content of and materials featured on the Website are owned by or licensed to us unless otherwise stated.
3.2 Naturally Best and certain other names, words, images or logos identifying the Website and the products and services featured in the Website are the property and trademarks of the Group. Certain other names, words, images or logos may constitute trade names or unregistered trademarks of the Group.
3.3 The names and logos of third parties mentioned in the Website may be the property and trademarks of those third parties and are used by the Group with the permission of such third parties.
3.4 You may view, print, download or store temporarily extracts from the Website for your own personal reference or for the purpose of applying to the Website to access or use the products and services featured on the Website. No other use (including, without limitation, the alteration, deletion, utilisation, extraction, copying, reproduction, distribution or transmission in any medium) of the content and materials featured on the Website is permitted without our written permission.
4. Third Party Products, Services and Websites
4.1 The Website may feature the products and services of, and may contain materials produced by third parties. The inclusion of such products, services and materials and any statements made about them does not constitute advice that they are available to or suitable for you. You must ensure that any third party product or service is suitable for your specific needs.
4.2. We do not warrant, and are not responsible for, the quality or availability of such products and services nor for any loss or damage (including, but not limited to, any direct, indirect, special, incidental or consequential damage (including loss of profit)) relating to the products and services or materials of third parties which are featured in or linked to the Website.
4.3 The Website may contain various links to third party websites over which we have no control. Such links are provided for convenience only and are accessed by you at your own risk.
4.4 We are not responsible for the content of products and services offered by, or any other matters (including, but not limited to, the privacy of your information) relating to, any linked third party website. Any claim relating to any third party product or service must be made to the provider of the third party product or service.
4.5 Any dealings by you with any third party on or through the Website are dealings solely between you and that third party.
4.6 No website may in any way be linked to the Website without our prior written authority.
5. Our Liability To You
5.1 We regularly update the Website. However, we cannot guarantee that the content of the Website or the goods and services featured (including, but not limited to, third party products and services) are available (either as featured or at all). The content of and the products and services featured in the Website are subject to change at any time without notice.
5.2 We are not liable to you for any scheduled or non-scheduled interruptions of the Website.
5.3 We provide the Website and the services featured on it on an 'as is' basis and we do not guarantee that the Website or services shall be available or suitable for your purposes and requirements. We do not guarantee the accuracy or completeness of any information contained on the Website or services nor that the Website or services shall be error free.
5.4 To the extent permitted by any applicable law, We shall not be liable:
5.4.1 either expressly or impliedly whether by way of warranty or otherwise (including, but not limited to, any express or implied warranties as to fitness for purpose, accuracy and completeness of content, quality and availability), relating to your access and use of the Website and as to the content of, and products and services (including, but not limited to, third party products and services) featured in, the Website;
5.4.2 for any claims, loss or damage (including, but not limited to, any direct, indirect, special, incidental or consequential damage (including the loss of profit)) relating to your access and use of, or inability or any delay in being able to use, the Website and as to the content of, and products and services (including, but not limited to, third party products and services) featured in, the Website.
5.5 We do not make any representation as to the accuracy or completeness of any opinion, advice or statement or any other information given by any third party which may be featured in or linked to the Website. We exclude all liability for any loss or damage (including loss of profit) which may arise directly or indirectly from any use of or reliance upon it.
5.6 We shall use reasonable endeavours to keep the Website free from viruses and corrupt files. We do not warrant that the Website is free from infection by viruses or anything else with contaminating or destructive properties.
6. Your liability to Us
You shall be liable to us for (and agree to indemnify us against) any liabilities, losses, or expenses incurred by us as a result of: any breach by you of these Terms and Conditions; or, your use of the Website.
7. Complaints
7.1 We have a complaints procedure in place to ensure that any complaint you may bring to our attention is dealt with fairly and that it receives a quick response. Any complaint you may have shall be investigated.
7.2 Procedure: In the first instance any complaint you have relating to the Website shall be sent to us via the 'Contact details' on this Website. We will investigate it as soon as practically possible and will respond to you by email within 7 working days.
8. Access to the Website
8.1 We may change the minimum technical specification required to access the Website at any time. We shall notify you of such a change by placing a message on the Website. We are not liable to you if any such change in specification results in your equipment (the responsibility for obtaining, maintaining and upgrading of which is yours) becoming incompatible with the Website or becoming unable to perform, within the Website all of the functions previously performed.
8.2 We cannot guarantee the speed at which you shall be able to access and use the Website (as it shall depend upon factors such as the specification of your equipment and the number of people using the Website) or that you shall have uninterrupted or continuous access to the Website (including any of the products or services featured).
9. You must not:
9.1 Introduce or attempt to introduce any virus or any other contaminant to the Website or any of our systems;
9.2 In any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website or any of our systems;
9.3 Interfere with the use of another person's access to or use of the Website;
9.4 Obtain access to information relating to another person which is on our system;
9.5 Use or attempt to use the Website or any of our systems for any unlawful or immoral purpose;
9.6 Use the Website for any commercial purpose;
9.7 Use the Website or any of our systems to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website or any of Our systems.
10. General
10.1 We may suspend or terminate your access and use of the Website at any time. We shall be entitled to suspend or terminate your access to the Website if you breach any of these Terms and Conditions.
10.2 You are responsible for getting an appropriate connection with a telecommunications provider in order to access the Website.
10.3 You shall be responsible for the cost of all charges you incur in accessing and using the Website.
10.4 You acknowledge that any material and/or information downloaded or otherwise obtained through the use of the Website is at your own discretion and that you shall be solely responsible for any damage to your equipment or loss of data that results from the download of such material and/or data.
10.5 We have no obligation to monitor, censor or edit the content of any material transmitted or received by you or other users of the Website. You are responsible for the content of any material you transmit.
10.6 We may monitor material transmitted or received using the Website and shall be entitled to modify, edit or remove any material on the Website or transmitted or received using the Website.
10.7 You may not transfer or try to transfer any of your rights and responsibilities under these Terms and Conditions. We may transfer any of our rights and responsibilities without your permission.
10.8 The headings in these Terms and Conditions are for convenience only and shall not affect the meaning of these Terms and Conditions.
11 Mail Order Purchasing.
11.1. Price and Delivery
11.1.1 All prices featured on the website include VAT, packaging and delivery in the UK and are quoted in pounds sterling.
11.1.2 Delivery charges outside the UK will be calculated on a product-by-product basis. We reserve the right not to deliver to places outside the UK but will notify you accordingly.
11.1.3 Delivery outside the UK may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you once the products you have ordered are available locally and advise you of the cost. Failure to pay may result in non-delivery to you. In such an circumstances you will not be entitled to any refund from us.
11.1.4 Please order from us with enough lead-time to prevent any loss or disappointment resulting from the delivery time as we cannot be responsible for ensuring compliance with any specific desired date for delivery.
11.1.5 If your order will not be delivered within the time notified by us when we accept your order we will tell you and try to rectify the situation as quickly as practically possible.
11.1.6 All new orders are deemed separate and each is treated individually.
11.1.7 Please note that we cannot make refunds in respect to personalised goods or goods which by reason of their nature cannot be returned or goods which deteriorate or expire rapidly.
11.2 Making a purchase
11.2.1 When you order a product from our website you are offering to buy it for the price stated.
11.2.2 Placing of orders will be acknowledged by email. We will then check availability of the requested product and contact you with a further email to confirm or withhold our acceptance of your order. If the product is available and the details of your order are correct, our second email will be deemed an acceptance of your offer and will specify delivery details and confirm the price of the product purchased. If the product is not available we will also let you know by email.
11.2.3 We will try to keep our website as up to date as reasonably possible but cannot guarantee that particular products will always be available. If we cannot supply the requested product you will not be charged for it and we will refund or re-credit your account with any amount that we might have debited.
11.2.4 We will ask for and store your order and delivery details including your address and may automatically insert certain information on your order form so that you can order and purchase products from our website with the minimum amount of form filling.
11.2.5 We may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of any product at any time at our sole discretion.
11.3. Payment
11.3.1 We allow orders to be processed online, using a credit or debit card, currently VISA, MasterCard, Eurocard, American Express, Delta, VISA Electron and Maestro using and managed by PROTX. Sometimes we may accept cash, Cheque or money order payment but the acceptance of such payment is always at our sole discretion.
11.3.2 Your credit card company may do an additional security check to confirm it is you who is making the purchase.
11.3.3 All orders and invoices will be sent to the credit or debit card billing address and not the shipping or delivery address where the two addresses differ.
11.3.4 All information that you supply to us whilst placing an order via the website is encrypted prior to transmission
11.3.5 We may use a third party to process the payment on our behalf.
11.4 Refunds
11.4.1.1 If any of your purchases do not reach you in perfect condition please return to the address at the top of the order form with SAE. Please do not use the Order Form for returns as this is not valid for parcels. Please obtain a Certificate of Posting from the Post Office, this is available on request. Without this proof of posting we are unable to accept any responsibility for parcels lost in transit.
11.4.2 Please check the items against the receipt. If any are missing contact us as soon as possible on 01205 822510 if products you have asked for are out of stock at the time of dispatch, their expected delivery date will be highlighted on the bottom of the receipt.
11.4.3 Please note we cannot accept returns that have been damaged or altered in any way. We will not accept any products that have been worn or not returned in the original packaging.
12. Guarantees and Liability
12.1 We have used our best efforts to ensure that all information on our website is correct but make no guarantee and accept no liability as to the correctness of any such information. Use of any information will be entirely at your own risk. Please also see the limitations referred to in section 5.
12.2 We have tried to make the descriptions (including visuals) of all products as accurate as possible. However, some products may differ slightly from those featured on our website. Please check the delivered product as soon as possible on receipt as we will not cover any subsequent loss or destruction.
12.3 We will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are not affected.
12.4 We will have no liability in respect of any other website or page on the internet accessible from our website
12.5 We give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law consumer rights which remain in full force and effect.
PRIVACY STATEMENT
We endeavour to protect the privacy of the information provided by you. That information shall be obtained on each occasion that you access the Website and when you apply for or use any product or service featured in the Website. The Group aims to provide a service which meets your individual requirements and needs.
By accessing and using the Website you confirm your consent to The Group collecting and using your information in accordance with this Privacy Statement.
A. Third Party Websites
Third party websites which are linked to the Website or which you may need to access and use to obtain any third party products or services featured on the Website may contain privacy provisions that differ from this Privacy Statement. Such third parties may use your information differently to the way in which we shall use it.
B. Use of e-mail (including e-mail Alerts)
Given that an e-mail message is sent through a number of computers over which we have no control you need to be aware that any message you send to us or we send to you may not be secure, any data contained therein may be intercepted by or otherwise become available to a third party and we cannot guarantee the timescales within which we shall receive your messages or you shall receive our messages. We do not in any way control the information or material contained in e-mail messages. However, we reserve the right (which we may exercise at any time at our sole discretion and without notice) to delete, move or edit such information. In sending such Information you waive any moral rights you may have in it.
C. Security of Your Information
You acknowledge that the Internet is not a 100% secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us via the Internet. We are not responsible for any damages you or others may suffer as a result of the loss of confidentiality of such information.
D. Use of Cookies
We and our website use cookies (small files stored on your computer) to measure site usage and improve the service that we offer to you. We do not store any personal information that other organisations could read or understand and we do not monitor your visits to other websites not hosted by us.
If you wish to turn off our cookies please type 'Cookie' in the index of the 'help' facility in your browser, but please note that turning off cookies may limit your use of our Website.
Each of these Terms and Conditions is separate from all other Terms and Conditions, so that if one Condition is found to be invalid or unenforceable this shall not affect the validity of any of the other Condition.
If we do not enforce any of the rights We have under these Terms and Conditions, or if We delay in enforcing them, that does not stop us from taking any action to enforce our rights in the future.
The postal address of the Group is 1-2 North End, Swineshead, Boston, Lincolnshire PE20 3LR You may also contact us by email at info@nbest.co.uk or by telephoning us during office hours at +44 (0)1205 822510.
Naturally Best Ltd. Registered Office: 17a, Fairacres, Ruislip, HA4 8AN. Company Number: 4272873
© Naturally Best Limited 2007 All rights reserved.