Our terms of Supply
These terms were last updated in April 2022
1 These terms
1.1 What these terms cover. These are the terms and conditions on which will apply to the purchase of the goods detailed in our quotation (Goods, Service or Products) via the use of this Website www.nektarproducts.co.uk by the buyer (You) from Nektar Products UK Limited (Company, We or Us) a company registered in England and Wales under number 13953245.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Business Day. A “Business Day” means any day other than a Saturday, Sunday or Bank holiday in England and Wales.
1.4 Words imparting the singular number include the plural and vice-versa.
1.5 By ordering any of the products listed on this website, you agree to be legally bound by these conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.6 This website is intended to be used by persons of legal drinking age in their country of residence. In the UK this is 18 years and over. If you do not meet this requirement please leave the site immediately.
2 Information about us and how to contact us
2.1 Who we are. We are Nektar Products UK Limited, a company registered in England and Wales. Our company registration number is 13953245. Our registered VAT number is GB 6666666666.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44(0)7377679014 or by writing to us at info@nektarproducts.co.uk.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 Our order process. Our shopping pages will guide you through the steps you need to take to place an order with us. Before you place your order you will see a description of the main characteristics of the products in your shopping basket. Our order process allows you to check and amend any errors in your shopping basket before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will tell you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If you have already paid for your order, we will refund you promptly.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we try to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 The description of the goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
4.4 Changes on specifications. We can make any changes to the specification of the goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
4.5 Some products may have age restrictions. Some products, such as beverages, may carry age restrictions. The product details will make those age restrictions clear. By ordering products with age restrictions, you are confirming that you meet those age restrictions.
5 Your rights to make changes
5.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the delivery charges, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6 Our rights to make changes
6.1 Changes to these terms. We may make changes to these terms from time to time, for example to reflect changes in the law or to accommodate new types of product. Each time you order products from us, the version of these terms then in force will apply to that order.
6.2 Quotations. Any quotations (including any non-standard price negotiated is valid for a period of 1 day only from the date shown in it unless expressly withdrawn by us at an earlier time.
6.3 Quotation cancellations. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
7 Providing the products
7.1 The costs of delivery will be as displayed to you on our website during the checkout process.
7.2 When we will provide the products.
7.2.1 Arrange of delivery. We will arrange for the delivery of the goods to the address specified in the quotation, or your order or to another location we agree in writing.
7.2.2 Delivery address. If you do not specify a delivery address or if we both agree, you must collect the goods from our premises.
7.2.3 Delivery Time. Subject to the specified terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
7.2.4 Fail to accept delivery/pick up your goods from a pick up point. If you do not take delivery or pick up your goods from the pick up point (Access Point) we may at our discretion and without prejudice to any other rights:
– store or arrange for the storage of the goods and will charge you for all associated costs and expenses including, but not limited to transportation, storage and insurance; and/or
– make arrangements for the redelivery of the goods and will charge you for the costs of such redelivery; and/or
– after 10 business days, resell or otherwise dispose of part of all of the goods and charge you for any shortfall below the price of the goods.
7.2.5 Delivery dates. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in the delivery of the goods that is caused by circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
7.2.6 Partial delivery. We can deliver the goods by installments. Each installment is a separate contract. Any delay or defect in an installment will not entitle you to cancel any other installment.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Pick up collection. If you have chosen to collect the products from our pick up point, we will tell you when they are ready for collection and you can then collect them during our normal working hours.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will endeavour to leave you a note informing you of how to rearrange delivery or collect the products from a local depot or leave them in a secure place or leave them at a pick up point.
7.6 If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will endeavour to contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.7 When you become responsible for the product. The products will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from our pick up point.
7.8 When you own goods. You own a product which is goods once we have received payment in full.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1 deal with technical problems or make minor technical changes;
7.9.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.9.3 make changes to the product as requested by you or notified by us to you.
7.10 We employ professional carriers. Nevertheless, you must examine the goods on arrival.
7.11 If you are asked for your signature on delivery, you must examine the goods before signing for it.
7.12 All goods must be signed for by an adult aged 18 years or over on delivery.
7.13 Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the confirmation notice, unless there are exceptional circumstances.
7.14 We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
7.15 Delivery. We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
7.16 For Christmas deliveries, we recommend that you check our website for the last date of delivery. We will endeavor to dispatch all goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
7.17 Delivery to your door:
7.17.1 We will deliver goods to your door. Our drivers will assist where possible, but they are not obliged to enter your premises. It may not always be possible to deliver your order, in situations such as where our driver believes it is unsafe or impractical to approach the property, where our driver believes it is unsafe to deliver due to an uncontrolled or dangerous animal, or where our driver cannot reach the property due to bad weather.
7.18 Special Instructions: If no special instructions are added, as the customer you are agreeing to sign for the delivery. No boxes shall be returned to the depot; they shall be left at the delivery address and chargeable to you, the customer. Special requirements shall be followed, but please make sure that they are deemed ‘reasonable’ e.g. allowing ample space in freezers for the delivery boxes. Or instructions to knock at a neighbour’s house should mean it is within short walking distance of your property, and does not involve the courier travelling any further.
7.19 For deliveries including frozen and chilled products, we pack your order carefully with ice pack and in polystyrene boxes or thermal foils or any other temperature controlled methods. The delivery in such products will be made in 1 working day after the dispatch of your parcel and you, the customer are liable for receiving it. It is in our descretion to delay to send a parcel containing such products in case of unforseen weather conditions among others. Orders with cupboard food and chilled and/or frozen products might be split in two or more packages to secure the right temperature of the delivery.
8 Overseas Orders
8.1 Our website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
8.2 We will not accept orders for goods from individuals located outside the United Kingdom. We may agree to provide our services if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on our website and/or these conditions or to refuse to accept an order for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
8.3 If we agree to supply any services ordered from our website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
8.4 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
8.5 You must comply with all applicable laws and regulations of the country for which the services are destined. We will not be liable for any breach by you of any such laws.
9 Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back)
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 9.2.1 to 9.2.3 below the contract will end immediately and we will refund or replace for any products which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);
9.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days.
10 How to end the contract with us
10.1 You may cancel you order for the goods at any time prior to receiving a confirmation notice from us as long as you contact us in writing. The best way to do that is to call customer services on +44(0)7377679014 or email us at info@nektarproducts.co.uk. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
10.2 Cancellation after receiving a confirmation notice. You are entitled to cancel your contract at any time prior to receiving the goods so long as you provide us with written notice or, if you have received the goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the goods. You can send your cancellation notice by email to info@nektarproducts.co.uk. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number. In case of denial to pick up your parcel or rescheduling the parcel to arrive to your address in case you are not at home, cannot lead to the cancellation.
10.2.1 Costs of cancellation. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own cost and risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you.
10.2.2 Return goods after ending a contract. The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.2.1 We will offer either a repair, exchange or refund if the fault occurs within 14 days of purchase (or delivery) – you will have to return the product. If the fault with your product occurs within its guarantee period (normally 12 months from delivery) we will offer you a prompt repair service*. In all cases we reserve the right to inspect the product and verify the fault. For a refund or exchange, the product must be in otherwise ”as new” condition, complete with any accessories and free gifts offered and if possible, with the original box and packaging. Refunds for faulty goods include the applicable delivery charge. Replacement goods are sent by standard delivery. We do not cover faults caused by accident, neglect, misuse or normal wear and tear. Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use. If we arrange to collect goods from you it will be at your cost. *Often repairs will be carried out by the manufacturers’ own repair agents with whom we have arrangements in place to ensure your product is repaired by skilled and qualified engineers. The guarantee of an electric product is covered by the manufacturer, not Nektar Products.
10.2.3 We cannot refund/cancel your purchase on any personal hygienic products such as women’s toiletries, Chilled and Frozen items, or goods that have been a special order to your specification.
10.3 When you will not have a right to cancel an order. You will not be able to cancel an order for goods purchased from us., in the following situations:
10.3.1 If you expressly agree to us beginning to provide any services before the end of the cancellation period and/or;
10.3.2 the contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food) and/or;
10.3.3 the contract is for goods the price of which is dependent on fluctuations in the financial market which cannot be controlled by us and/or;
10.3.4 the contract is for products under special offers and/or;
10.3.5 the contract is for the supply of newspapers, books, magazines and other periodicals.
10.4 Damaged, faulty or wrongly delivered goods.
10.4.1 How we will refund you. We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us, provided that you return the goods to us. However, in some circumstances we may make deductions from the price, as described below. We must also be reasonably satisfied that:
10.4.1.1 the goods have not suffered damage after delivery and;
10.4.1.2 the goods have not been misused or used other than in accordance with the instructions and;
10.4.1.3 the problem is not due to normal wear and tear.
10.4.2 Reasons for refund. The goods in terms of which you are claiming a refund must have:
10.4.2.1 been damaged on delivery and/or;
10.4.2.2 been delivered in a faulty condition and/or;
10.4.2.3 have been delivered to you in error.
10.4.3 Replacement of products. Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).
10.5 How to claim a refund or replacement. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 1 working days after receipt or the fault developing by email to info@nektarproducts.co.uk or contact us via Whatsapp on +44(0)7377679014 . Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.
10.6 When your refund will be made. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods.
10.6.1 Our rights. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. For electric products that have been damaged and faile to work, we do not provide any guarantee. In such case we cannot compensate for an electric damaged product. This does not affect your statutory rights.
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (for example, a corrected delivery address); or
11.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from our pick up point.
11.1.4 you are under 18 years old, or buy alcoholic products for an underage person or fail to show us your ID if we or the courier ask it for.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12 If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44(0)7377679014 or write to us at info@nektarproducts.co.uk.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
13 Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT, unless otherwise stated) will be the price indicated on the order pages when you placed your order. Prices quoted for delivery (in the case of goods) and for performance (in the case of services) are for the United Kingdom unless otherwise specified. We take all reasonable care to ensure that the price of product advised to you is correct. Clause 12.3 describes what happens if we discover an error in the price of the product you order. Details of our delivery charges can be located on our website.
13.1.1 We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or we have commenced providing the services.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we get the price wrong. It is always possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
13.5 You may be entitled to discounts. Any and all discounts will be at our discretion.
13.6 By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
13.7 Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
13.8 When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
13.9 By accepting these Conditions you:
13.9.1 undertake that all the details you provide to us for the purpose of purchasing the products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the products ordered and;
13.9.2 undertake that any and all products ordered by you are for your own private or domestic use only and not for resale and;
13.9.3 authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention and;
13.9.4 we shall contact you should any problems occur with the authorisation of your card.
13.10 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
14 How we will use your personal information.
14.1 Our privacy policy describes what we will do with your personal information. Please take the time to read it carefully. You will be asked to agree to our privacy policy when you create an account with us or when you place an order with us.
15 Order process and formation of a product
15.1 Any order placed by you constitutes an offer to purchase the goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
15.1.1 All orders are subject to acceptance and availability. If any products ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
15.2 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
15.3 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the goods ordered by you from our website.
15.4 A contract between you and us incorporating these conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the goods and/or shall be providing the requested service and, where appropriate, have made it available to be downloaded. We will send you an email to confirm this – confirmation note. The confirmation notice will amount to an acceptance of your offer to buy the products from us. The contract will only be formed when we send you the confirmation notice (whether or not you receive it).
15.5 Where we agree to supply goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time – minimum duration. The length of the minimum duration will depend on which package or product you have selected to purchase and is provided on our website.
15.6 The contract will relate only to the products stated in the confirmation notice. We will not be obliged to supply any other products which may have been part of your order until we have sent you a separate confirmation notice relating to it.
15.7 You must check that the details contained in the confirmation notice are correct and you should print out and keep a copy of it.
15.8 You will be subject to the version of our policies and conditions in force at the time that you order the products from us, unless:
15.8.1 any change to those policies or these conditions is required to be made by law or governmental authority or;
15.8.2 we notify you of any change to our policies or these conditions before we send you the confirmation notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the confirmation notice.
15.9 You must pay the price within 1 day of the date of our invoice or otherwise according to any credit terms agreed between us.
15.10 You must make payment even if delivery has not have taken place and/or the title in the goods has not passed to you.
15.11 If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from the time on the amount outstanding until you pay in full.
15.12 Time for payment will be of the essence of the contract between us and you.
16 Your registration
16.1 When registering on our website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
16.2 By registering on our website you undertake:
16.2.1 that all the details you provide to us for the purpose of registering on our website and purchasing the goods are true, accurate, current and complete in all respects;
16.2.2 to notify us immediately of any changes to the information provided on registration or to your personal information;
16.2.3 that you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the products from our website in conjunction with and under their supervision;
16.2.4 to only use our website using your own username and password;
16.2.5 to make every effort to keep your password safe;
16.2.6 not to disclose your password to anyone;
16.2.7 to change your password immediately upon discovering that it has been compromised;
16.2.8 to neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
16.3 You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
16.4 We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to our website immediately and without notice to you if:
16.4.1 you fail to make any payment to us when due and/or;
16.4.2 you breach these conditions (repeatedly or otherwise) and/or;
16.4.3 you are impersonating any other person or entity and/or;
16.4.4 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity and/or;
16.4.5 we suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on our website.
17 Risk and Title
17.1 The goods will be at your risk from the time of delivery; we do not longer have any control or responsibility of your parcel.
17.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery (in the case of goods).
18 Intellectual Property
18.1 Copyright. The content of our website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Nektar Products UK Limited (trading as Nektar Products), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of our website shall remain with us or our licensors.
18.2 You may download or copy the content and other downloadable items displayed on our website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of our website for other than personal use is expressly prohibited.
18.3 You may retrieve and display the content of our website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website.
18.4 You acknowledge that any other use of the material and content of our website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
18.5 No licence is granted to you in these conditions to use any of our trade marks or those of our affiliated companies.
18.6 Products sold by us and our website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties.
19 Liability
19.1 Notwithstanding any other provision in the conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
19.1.1 death or personal injury resulting from our negligence and/or;
19.1.2 fraud or fraudulent misrepresentation and/or;
19.1.3 action pursuant to section 2(3) of the Consumer Protection Act 1987 and/or;
19.1.4 any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
19.2 Our website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these conditions or required by law) in relation to the information, materials, content or services found or offered on the website for any particular purpose or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
19.3 We will not be liable if our website is unavailable at any time.
19.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of our website or that it will be timely or error-free, that defects will be corrected, or that our website or the server that makes it available are free of viruses or bugs.
19.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on our website.
19.6 We cannot guarantee and cannot be responsible for the security or privacy of our website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the website or you downloading any material posted or sold on our website or from any website linked to it.
19.7 We will use all reasonable endeavors to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
19.8 We will not be liable, in contract or delict (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
19.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss) or;
19.8.2 any loss of goodwill or reputation or;
19.8.3 any special or indirect losses or;
19.8.4 any loss of data or;
19.8.5 wasted management or office time; or
19.8.6 any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these conditions and/or the contract and/or the use of our website or any aspect related to your purchase of the goods even if such losses are foreseeable or result from a deliberate breach of these conditions by us that would entitle you to terminate the contract between us or as a result of any action we have taken in response to your breach of these conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the contract, whether or not deliberate, including those listed in clauses 17.8.1 to 17.8.6, is strictly limited to the purchase price of the goods you purchased.
19.9 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these conditions by you, or any other liabilities arising out of your use of our website or any other person accessing our website using your personal information with your authority.
19.10 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
20 Your Reviews
20.1 You acknowledge that any review, feedback or rating which you leave may be published by us on our website, or any other social media platform of the company, and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
20.2 You undertake that any review, feedback or rating that you write shall:
20.2.1 comply with applicable law in the UK and the law in any country from which they are posted;
20.2.2 be factually accurate;
20.2.3 contain genuinely held opinions (where applicable);
20.2.4 not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving;
20.2.5 not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence;
20.2.6 not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party;
20.2.7 not be used to impersonate any person, or to misrepresent your identity.
20.3 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on our website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
20.4 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
20.5 Our rights: We reserve the right not to publish a review that we receive, to remove any review we receive for any reason (including seasonal product reviews), and to condense or delete any comment or review which we reasonably believe violates these terms and conditions.
20.6 For any content that you submit, you grant us an assignment of all intellectual property rights, which includes a licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation or informing you.
20.7 None of the content that you submit shall be subject to any obligation of confidence on the part of Nektar Products UK Limited, its agents, subsidiaries, affiliates, partners or third-party service providers and we have the right to disclose your identity to any third-party who is claiming that any review posted by you is inaccurate, misleading or fraudulent.
20.8 We reserve the right to disclose your identity if we are required to do so by order of a court, or a competent regulatory body.
21 Force Majeure
21.1 Our company, shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
21.1.1 strikes, lock-outs or other industrial action and/or;
21.1.2 shortages of labour, fuel, power, raw materials and/or;
21.1.3 late, defective performance or non-performance by suppliers and/or;
21.1.4 private or public telecommunication, computer network failures or breakdown of equipment and/or;
21.1.5 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war and/or;
21.1.6 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions and/or;
21.1.7 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport and/or;
21.1.8 acts, decrees, legislation, regulations or restrictions of any government and/or;
21.1.9 any pandemic and/or;
21.1.10 other causes, beyond our reasonable control.
21.2 Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
21.3 Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the contract with immediate effect upon service.
22 How to link our website
22.1 You must not create a link to our website from another website, document or any other source without first obtaining our prior written consent.
22.2 Any agreed link must be:
22.2.1 to our website’s homepage;
22.2.2 established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted;
22.2.3 provided in such a way that is fair and legal and does not damage our reputation or take advantage of it;
22.2.4 established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists;
22.3 We have no obligation to inform you if the address of our website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
22.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
23 We use external links
23.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
23.1.1 the privacy practices of such websites;
23.1.2 the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
23.1.3 the use which others make of these websites;
23.1.4 any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
24 General Information
24.1 We reserve the right to change the domain address of our website and any services, products, product prices, product specifications and availability at any time.
24.2 All prices and descriptions supersede all previous publications. All product descriptions are approximate.
24.3 Every effort is made to keep information regarding stock availability on our website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
24.4 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the contract and the remainder of the provision in question will not be affected.
24.5 All contracts are concluded and available in English only.
24.6 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under it 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
24.7 A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8 No waiver by us of any of these conditions or of any other term of a contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
24.9 Any contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the 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.
25 We might suspend or terminate your access
25.1 We reserve the right to terminate or suspend your access to our website immediately and without notice to you if:
25.1.1 you fail to make any payment to us when due and/or;
25.1.2 you breach the terms of these terms and conditions (repeatedly or otherwise) and/or;
25.1.3 you are impersonating any other person or entity and/or;
25.1.4 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity and/or;
25.1.5 we suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on our website.
26 Disclaimer
26.1 It shall be your responsibility to ensure that any products, services or information available through our website meet your specific requirements.
26.2 We will not be liable to you if our website is unavailable at any time.
26.3 We attempt to ensure that the information available on our website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on our website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
26.4 All drawings, images, descriptive matter and specifications on our website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
26.5 Any prices and offers are only valid at the time they are published on our website.
26.6 All prices and descriptions supersede all previous publications.
26.7 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of our website or that it will be timely or error-free, that defects will be corrected, or that our website or the server that makes it available are free of viruses or bugs.
26.8 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on our website.
26.9 We cannot guarantee and cannot be responsible for the security or privacy of our website and any information provided by you.
26.10 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of our website or you downloading any material posted or sold on our website or from any website linked to it.
26.11 We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
26.12 The information on the products we sell is for your information only and any claims on or about our products found on our website or any goods, should not be used as dietary or medical advice. The information is not for diagnoses or to prevent or cure illness or disease. It is important that you consult a health professional before taking any supplement.
26.13 We always try to provide a long life cycle of the products we send you, however, you should always check the expiry date. In case a product send to you has passed its best before date, you should let us know immediately. However, we are not liable of sending you products with a past expiry date. When we pick your order, we will select products with a reasonable amount of time left on the expiry date. However, some fresh produce items naturally have a limited shelf life, so it is reasonable for them to have a shelf life of less than two days when they are delivered to you.
27 Other important terms
27.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if that happens and we will ensure that the transfer will not affect your rights under the contract.
27.2 Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
27.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
27.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
27.5 If you are not happy with how we have handled your complaint, you have the right to submit the dispute for online resolution to the European Commission Online Dispute Resolution Platform, which you can find at http://ec.europa.eu/consumers/odr
27.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
