Kind Earth Website and Purchasing

Terms and Conditions

WEBSITE AND PURCHASING TERMS AND CONDITIONS

1) INTRODUCTION

These Terms and Conditions

www.kindearthllanelli.co.uk (the “Website”)  is operated by or on behalf of Kind Earth Llanelli Limited, a company registered in England under company number 11933012 and having its registered office at Unit 3 Stradey District Centre, Maes Y Coed, Llanelli SA15 4EB and its principal place of business at  Unit 3 Stradey District Centre, Maes Y Coed, Llanelli SA15 4EB. You can contact us by writing to us at llanellivegan@gmail.com

1.2       These terms and conditions (the “Terms and Conditions“) govern your use of the Website and purchases from the Website. Please read these terms carefully before you start to use the Website (this includes accessing and browsing), as they set out the rules which will apply to your use of the Website. Your use of this website and and any purchases are at all times subject to these terms and conditions. By using the Website, you are indicating that you accept and agree to comply with the Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must not use the Website.

2) Changes to these Terms

            We reserve the right to change the Terms and Conditions at any time (with the revised Terms and Conditions being posted on the Website). It is your responsibility to check the Terms and Conditions and we encourage you to review them each time you visit the Website to ensure that you are aware of any changes. Your use of the website and purchase of subscription boxes from the Website will be subject to the version of the Terms and Conditions that is displayed on the website as at the date you access the website/order subscription boxes from the Website. Your use of the Website following the posting of any such changes will constitute your acceptance of the revised Terms and Conditions.

3) Other applicable Terms

  1. a)         The following additional terms also apply to your use of the Website:
  2. i)          Our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Privacy Policy also sets out information about the cookies used on the Website.

3.2       Our terms and conditions of sale apply to your purchase of goods from our online Supermarket.

4) Accessing the Website

  1. a)         Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted and we will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
  2. b)         You are responsible for making all arrangements, technical or otherwise, necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.

5) Website Content

  1. a)         We may update the Website from time to time and may change any part of the content at any time. Your access to this Website may occasionally be restricted to allow for repairs, maintenance or improvements to the Website.
  2. b)         We do not guarantee that the Website, or any content on it, will be free from errors or omissions. If a fault occurs in the service please report it to us and we will correct the fault as soon as we reasonably can.

6) Acceptable Use

  1. a)         You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.
  2. b)         You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.
  3. c)         You shall not breach or attempt to breach the security of this Website.
  4. d)         When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.
  5. e)         Use of the Website in breach of the Terms of Use may give rise to a claim for damages and / or be a criminal offence.
  6. f)          As we operate from the UK we make no representations that materials on the Website are appropriate or available for use in or comply with applicable laws of other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
  7. g)         You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.

7) Intellectual Property Rights

  1. a)         We are the owner or the licensee of all intellectual property rights in the Website, and the material published on it including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, “look and feel” and arrangements. All such rights are reserved.
  2. b)         You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.
  3. c)         You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
  4. d)         You must not use the Website or any part of it for any purpose without obtaining a licence to do so from us or our licensors.
  5. e)         The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of Kind Earth or third party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.

8) Our Contract With You

  1. Your submission of an order constitutes an offer to enter into a contract to buy the products from us. Our acceptance of your order will take place when the Website displays an order confirmation page at which point a contract will come into existence between you and us.
  2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. 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.
  3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. Unfortunately, we are unable to ship orders outside the United Kingdom and Southern Ireland
  5. Age restrictions. We only sell to people aged 18 years or over and able to enter into a legally binding contract.

 

9) Our Products

  1. The product information provided on the Website has been published in good faith and Kind Earth will do its best to ensure that it is accurate. However, occasionally, such information may be incorrect, out of date or incomplete owing to human error or circumstances beyond our control. Where product information is incorrect owing to human error or circumstances beyond our control, Kind Earth reserves the right to reject the order insofar as it relates to the affected products or where the order has already been accepted, not to supply the affected products. In such event Kind Earth will notify you and will not charge you for affected products.
  2. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
  3. The packaging of the product may vary from that shown in images on our website.

 

10) Your Rights To Make Changes

If you wish to make a change to the product you have ordered 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 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.

11) Our Rights To Make Changes

         Products are sold by us subject to availability and prevailing market conditions. In the event that a product you order is unavailable we may offer a reasonable substitute or refund to you the amount charged for the unavailable item. In the event that we provide you with a reasonable substitute we will notify you in writing and you will have the opportunity to accept or reject this item upon delivery. In the event that you reject the substitute you may return this to us at no cost and we will refund the value of the product to you. We are unable to offer a substitute of chilled or frozen products.

 

12) Providing The Products

12.1       Delivery

12.1.1       When we will provide the products we will deliver your order to the address specified by you during the order process. You are responsible for providing us with an accurate delivery address and for ensuring that you are available to accept delivery of your order. We will do our best to deliver your order to you to the address specified within 5 working days subject to any delays outside our control.  

12.1.2       Delivery costs. The costs of delivery will be as displayed to you on our website.

12.1.3       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.

12.2.4       If you are not at home when the product is delivered. If no one is available at your delivery address to take delivery of your order, our couriers may not return your order to a local depot for collection or attempted redelivery. They will leave this in as ‘safe’ a place as possible, but if you live in flats or any house that does not have a secluded place for the parcel to be left, you accept that it may be left at your front door in plain view of passersby. We accept no responsibility for parcels which go missing or are tampered with as a result of you being unavailable to accept delivery. Our couriers will take a photograph of any parcels left in a ‘safe place’ to evidence delivery.

7.2.5       In the event that you select an alternative delivery option following submission of your order (i.e. an option offered directly by your courier once the package is in transit for example to leave your order with a neighbour or in a safe place), you do so entirely at your own risk. We do not accept liability for any losses you may incur as a result, e.g. theft, tampering, contamination and the result of any change in temperature in respect of chilled or frozen goods.

7.3          When you become responsible for the goods. A product which will be your responsibility from the time we deliver the product to the address you gave us.

7.4          When you own goods. You own a product once we have received payment in full and delivered the product to you.

7.5          You agree that you have a responsibility to inspect your products for signs that they may be unfit for consumption and report any concerns to us within 24 hours of receipt of delivery.

13) Your Rights To Cancel

13.1          The meaning of “Perishable Items” for the purposes of these terms and conditions means:

13.1.    food products that contain a ‘best before’, ‘best before end’ or ‘expiry date’ that due to the nature of the product is less than four (4) weeks from the date of delivery; and

13.2          Subject to Clause 13.3 below, you have a legal right to change your mind within 14 days and receive a refund. These rights are set out under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

13.3          When you do not have a right to change your mind.  Your right as a consumer to change your mind does not apply in respect of:

13.3.1     products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

13.3.2     Perishable Items; and

13.3.3     any products which become mixed inseparably with other items after their delivery.

13.4          How long do you have to change your mind? For purchases of goods you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

13.5          Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have the right to change your mind (see clause 13.2), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know by writing to us. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

14) How To End The Contract With Us (Including If You Have Changed Your Mind)

14.1       Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

         14.1.1 Email. The best way to contact us is by email at llanellivegan@gmail.com Please provide your name, home address, details of the order and, where available, your phone number and email address.

         14.1.2 Phone. Call 01554756509

14.2          Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Kind Earth, Unit 3 Stradey District Centre, Maes Y Coed, Llanelli SA15 4EB. Please email us at llanellivegan@gmail.com for a return label.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

14.3          When we will pay the costs of return. We will pay the costs of return:

14.3.1       if the products are faulty or misdescribed;

14.3.2       if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

14.4          What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

14.5          How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

14.6          When we may make deduction from refunds if you exercise your right to change your mind. If you are exercising your right to change your mind:

14.6.1       We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

14.6.2       The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

14.7          When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

14.7.1       If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a product to us, see clause 14.2.

14.7.2       In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

15) Our Rights To End The Contract

15.1 We may end the contract if you break it. We may end the contract at any time by writing to you if we are unable to fulfil your order due to an event outside our control.

15.2 You must compensate us if you break the contract. If we end the contract in the situation set out in clause 1 we will refund any money you have paid for goods 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

16)  If There Is A Problem With The Goods Delivered

                 How to tell us about problems. If you have any questions or complaints about the any of our products please contact us. You can telephone01554 756509 or write to us at llanellivegan@gmail.com and / or Kind Earth, Unit 3 Stradey District Centre, Maes Y Coed, Llanelli SA15 4EB.

17)  Your Rights In Respect Of Defective Products

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 products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  1. a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  2. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  3. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

         Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 01554 756509 or email us at info@Kind Earth.com for a return label or to arrange collection.

18) Price And Payment

Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.

When you must pay and how you must pay. We accept payment by credit or debit card. You must pay for the products at the checkout. We will refund for any out of stock items unless you have agreed to replacements.

 

19) Our Responsibility For Loss Or Damage Suffered By You

19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

20) We Are Not Liable For Losses

We only supply the products for to you for domestic and private use.

21) How We May Use Your Personal Information

How we will use your personal information. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.

22) Other Important Terms

22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

22.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

22.3 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.

22.4 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.

23) Our Liability

23.1        Content, products and services are provided by third parties and we may provide links to certain third party websites. We have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party products or websites. We therefore do not warrant, endorse or accept any liability or responsibility for any third party products, materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you and you access such websites at your own risk.  

23.2        Whilst we may display images of products on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the products; however, we cannot guarantee this. You should also note that images of the products on the Website may not be representative of the actual size of the products.

23.3        The list price displayed for products included om our website represents the recommended retail price and may not represent the prevailing price in every area on any particular day.

23.4        We reserve the right to alter the products or any relative specifications at any time. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.

23.5        We will not be liable to you for any lack of performance, or the unavailability or failure of this website or our services or for any failure by us to comply with these Terms and Conditions where such failure arises from any cause reasonably beyond our control.

23.6        Nothing in the Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by Scots law.

23.7        To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

23.8        We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

23.8.1    use of, or inability to use, the Website; or

23.8.2    use of or reliance on any content displayed on the Website.

23.9        Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

23.10     We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

24) No Waiver

            No delay or failure by us in exercising any of our rights under these terms and conditions will constitute a waiver of that right or any other rights under these terms and conditions.

25) Indemnity by You

            You will be liable for any loss or liability arising from or in relation to any breach by you of these Terms and Conditions or of any applicable laws and accordingly agree to indemnify Kind Earth for any such loss or liability.

26) Governing law and jurisdiction

            The Terms of Use shall be governed by and construed in accordance with UK law. Disputes arising in connection with these Terms of Use and/or any use of the Website shall be subject to the non- exclusive jurisdiction of the UK Courts.

27) Contact Us

If you need to contact us for any reason, our contact details are as follows:

Kind Earth Ltd
Unit 3 Stradey District Centre,

Maes Y Coed,

Llanelli SA15 4EB

Email Customer Services at – llanellivegan@gmail.com

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