These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

 

If you have any questions relating to these terms and conditions, please contact us by e-mail or telephone our Customer Service department on 01254 820478 before you place your order. 

 

CONDITIONS OF USE

Definitions

 

"Conditions" means these terms and conditions and the Special Conditions;

 

"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;

 

“Internet” means the global network of computer systems using TCP/IP protocols including (but not limited to) the World wide Web.

 

"Personal Information" means the details provided by You to Us including (but not limited to) name, delivery and billing addresses and payment information;

 

"Product" means a product displayed for sale on the Website;

 

"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;

"Special Conditions" means the terms and conditions in the Product Description;

 

"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and

 

"Users" means the users of the Website collectively;

 

“Website” means the collection of pages published on the Internet with the URL www.silvernutmeg.com, www.cooklikeaprofessional.com or any other such site owned or operated by Us that may replace it from time to time;

 

 "We/Us" means Nutmeg Limited;

 

“Working Day” means every day of the year except Saturdays and Sundays and English statutory and public holidays.

 

"You" means a user of this Website, any person (whether corporate or unincorporated) accessing the Website by any means.

 

Licence

 

Nutmeg Limited grants to Users a single non-exclusive and non-assignable licence to access the Website and make use of the functions provided as part of the Website subject always to these conditions which shall not be amended or waived without the written agreement of Nutmeg Limited.

 

1. Use of the website

 

1.1        Access

 

You are provided with access to this Website in accordance with these Conditions and any orders placed by You for products must be placed strictly in accordance with these Conditions.

 

1.2        Personal Information

You warrant that:

·         The Personal Information which You are required to provide is true, accurate, current and complete in all respects; and

·         You will notify Us immediately of any changes to the Personal Information affecting any order by contacting Us by e-mail or by telephoning Our Customer Service department on 01254 820478.

·         You will not in using the Website impersonate any other person or entity or use a false name or a name that You are not authorised to use.

1.3        Privacy policy

 

We will treat all Your Personal Information as confidential (although We may disclose this information in the circumstances set out below). We will keep it on a secure server and We will fully comply with current applicable UK Data Protection and consumer legislation.

 

When You shop on this Website, We will ask You to input and will collect Personal Information from You such as Your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information. We may also collect information about where You are on the internet (eg the URL You came from, IP address, domain types such as .co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of Our website that were viewed during Your visit, any advertisements You clicked on, and any searches that You performed on Our website ("User Information").

We confirm that any Personal Information that You provide to Us (or that is available on public registers) and any User Information from which We can identify You, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process Your Personal Information and User Information only for the following purposes:

·         Processing Your orders;

·         For statistical purposes to improve this Website and its services to You;

·         To administer this website;

·         To notify You of products or special offers that may be of interest to You.

You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

When You order online You will be asked whether You wish to receive our email Newsletter, which includes information about products, promotions or special offers that We feel may be of interest to You. In the event that You do not wish to be contacted for such purposes, You may decline to join our Mailing List by removing the tick from the box provided. You may unsubscribe from Our mailing list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing Us or by telephoning Our Customer Service department on 01254 820478.

Your Personal Information may be disclosed to third parties who will help process Your order (e.g. for Credit Card authorisation or delivery purposes). All such third parties will treat Your personal information as fully confidential and comply with all applicable UK Data Protection and consumer legislation. We will NOT release Your Personal Information to any outside company for mailing or marketing purposes.

We may disclose Your Personal Information and /or User Information without your consent if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities.

We use Cookies to keep track of Your current shopping session to personalise Your experience - if You do not accept Cookies You will not be able to use this Website.

1.4        Indemnity

 

You agree fully to indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or that of any other person accessing the Website using Your Personal Information.

 

1.5        Our rights

We reserve the right to:

·         modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You for any modification to or withdrawal of the Website; and/or

·         change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

1.6        Third-party links

  

To provide increased value to Our Users, We may provide links to other websites or resources for You to access at Your sole discretion. 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, directly or indirectly, for (i) the privacy practices of such websites, (ii) 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 or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. If You have a particular concern regarding the way Your personal information will be used then You are advised to read the privacy statement on the relevant site.

 

2.         Purchase of products

 

2.1        Order Acceptance

 

Order acceptance and the completion of the contract between You and Us will take place on the despatch of the Products ordered to You unless We have notified You that We do not accept Your order or You have cancelled it in accordance with the instructions set out below.

Non-acceptance of an order may be a result of one of the following:

·         The product You ordered being unavailable from stock

·         Our inability to obtain authorisation for Your payment

·         The identification of a pricing or product description error

·         You not meeting the eligibility to order criteria set out under 2.6 in these Conditions.

If there are any problems with Your order, You will be contacted by our Customer Service Department using the Personal Information provided by You.

The sales contract is completed in England. Please note that You are entitled to cancel this contract if You so wish provided that You exercise Your right no longer than seven days after the day on which you receive the Products.

If You wish to exercise Your right to cancel this contract prior to order despatch, follow the procedure set out in Order Changes/Cancellation below.  If Your order has already been dispatched please follow the procedure set out in Returns below.

We reserve the right to reject any offer to purchase by You at any time.

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 the Website.

2.2        Order Changes/Cancellation

 

If You wish to change or cancel an order then You should e-mail us immediately or telephone Our Customer Service department on 01254 820478. We will endeavour to act on Your request but We may have already packaged Your order and made arrangements for it to be sent out to You. If this is the case then We cannot always stop the order from being sent and You will have to return it to us once it has been delivered, provided You do so within 7 days of delivery (see our Returns section below for further details on our returns policy). If You wish to cancel the order after delivery, We will refund the cost of the item(s) only.

To change or cancel an order, e-mail us or telephone Our Customer Service department on 01254 820478 giving:

·         Customer Name

·         Order Number

·         Date of the order

·         Details of the change

If Your order has already been dispatched please follow the procedure set out in Our Returns policy below.

Please note that Your right to return Products does NOT apply to perishable goods (for example fresh food).

If You are cancelling because of any problem with the goods, please notify Us of the problem at the time of cancellation.

2.3        Returns

 

We hope You will be highly satisfied with any product purchased on Our website but if You wish to return an item to Us then We aim to make it as quick and convenient as possible. Any item may be returned for any reason within 7 days of the date of despatch so long as it remains in a saleable condition. We will (at your option) replace or exchange the goods or refund the price of the item.

 

To return goods E-mail or telephone Our Customer Service department on 01254 820478 stating the reason for the return.  We will then provide You with a RETURNS AUTHORISATION number.  This number should be written on the despatch note and returned with the goods.

If the goods are faulty, incorrect or damaged on delivery We will meet the cost of return (but we ask that You allow Us to nominate the carrier) and We will refund the price paid for the goods including delivery charges.  Where substituted goods have been provided and they need to be returned We will meet the cost of return, whatever the reason for the return.

Please ensure in both of the above situations that the item is securely wrapped for transit. All goods returned other than those that are faulty, incorrect or damaged on delivery will be at Your cost. Failure to comply within the 7 day period stated above will mean that We reserve the right to deduct Our recovery costs from any refund We owe You. If goods have been shipped outside the UK, the return of goods and the shipping of any replacement goods will be at Your cost.

Returns Checklist (Please ensure You have followed ALL the points below to minimise any delay in dealing with Your returned item(s))

·         Please always return the goods in the original manufacturer’s packaging.

·         You should write the quantity of the items You are returning on the despatch note.

·         You must include the completed despatch note in the package You are returning to Us.

Once We have received and verified the returned item We will initiate the refund, replacement or exchange.

 

This policy is in addition to any statutory rights that You may have as a consumer, which remain unaffected, and We do not exclude liability for death or personal injury arising from Our negligence or for fraudulent misrepresentation.

If You have any questions about the return of any item, e-mail or telephone Our Customer Service department on 01254 820478.

2.4        Description of products

 

Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance policy above.

For the purposes of Regulation 7 & 8 of the Distance Selling Regulations the information available in the vicinity of the goods on the Website is provided in discharge of Our obligation to provide information to consumers. You are invited to produce a hardcopy of that information from the Website to retain for your records.

When the order is despatched for delivery We will e-mail You confirming the order using the Personal Information that You have provided to Us. In discharge of Our obligations under Regulation 7 & 8 of the Distance Selling Regulations You are invited to produce a hard copy of this confirmation to retain for Your records.

2.5        Payment

All prices are shown inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of Your order is the price of the Products ordered including VAT, plus delivery charges. Payment can be made by any of the methods specified on the Website.

You confirm that the credit or debit card You use to place an order is Yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.

All card payments are processed by WorldPay or other such person as We may nominate from time to time. Payment will be debited and cleared from Your account when the transaction is authorised. This does not imply acceptance of your order and any such payment will be refunded if your order is not accepted.

2.6        Refusal of Transaction

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole discretion. We will not be liable to You or any third party by reason of Our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law You must:

·         Register by providing Your real name, phone number, e-mail address, payment details and other requested information

·         Be over 18 years of age

·         Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable

·         Possess a valid credit or debit card acceptable to us (Visa, Mastercard, Switch or Solo).

By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

2.7        Delivery

Where delivery or despatch times are stated anywhere on the Website, the times are approximates only and while We endeavour to deliver to You within the time stated, delivery could be delayed due to events beyond our control. The time of delivery is not the essence of the contract.

Goods will be delivered to You by a third-party carrier and a delivery charge will be added to your order and included in the total price of the order. For the purpose of Us meeting the requirements of Regulations 7 and 8 of the Distance Selling Regulations, You are invited to print this information off the Website producing a hardcopy to retain for Your records

For deliveries to Europe, the delivery charge calculated is for delivery to the European mainland only. For delivery to offshore locations (e.g. Balearic Islands, Corsica etc.) please e-mail or telephone 01254 820478 for a quotation.

We do not currently ship to non-EU destinations.

 

3.         General

 

3.1        Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us. You are permitted to use this material only as expressly authorised by Us.

You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content on this site or any other manner of exploitation of any contents of the Website in part or in whole is strictly prohibited.

All rights, including copyright and database right, in the Website and its contents, are owned by or licensed to Us, or otherwise used by Us as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from Us or the copyright holder or in accordance with the Copyright, Designs and Patents Act 1988.

We reserve the right to use for Our own purposes any material submitted to the Website, including text and images, either on the Website or in any other form, including for publicity purposes. We reserve the right to monitor submissions to the site and to edit or reject any submissions.

All names, images, logos identifying Nutmeg Ltd, silvernutmeg.com and cooklikeaprofessional.com are proprietary marks of Nutmeg Ltd. All third party brand, product, or service contained on the Website are the trademarks, service marks and trade names of their respective holders. Nutmeg Ltd does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.

3.2        Compliance with laws

 

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

 

3.3        Limitation of liability

While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.

We cannot guarantee that the appearance/and or colours of the Products shown on this site exactly reproduces the appearance and/or colours of the Products themselves, this will vary according to the resolution and the screen type of your computer. All sizes quoted are approximates.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website will be available to You at any time. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website. You are responsible for maintaining suitable virus protection software on Your computer.

We shall not be liable for the non-accessibility of this Website due to the technical inefficiency or failure (but not limited to) such failure caused by electricity supply faults or non-functionality of the Internet.

We accept no responsibility for the inaccessibility of this Website caused by the Users of non-compatible, defective or obsolete hardware or software, nor shall We be liable for failure to inform Users of the hardware and software required for use of the Website.

To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

We will not be liable in contract, tort (including, without limitation, negligence), of for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

·         any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

·         any loss of goodwill or reputation; or

·         any special or indirect losses,

suffered or incurred by any party arising out of or in connection with any use of the Website.

Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.

3.4        Force Majeure

We shall not be liable to You where performance of any of Our obligations to You is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government or any other cause not within Our reasonable control.

3.5        Severance

 

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

 

3.6        Waiver

 

No waiver by Us of any provision of the Conditions shall be construed as a waiver of any proceeding, succeeding or continuing breach of any provision of the Conditions.

 

3.7        Entire agreement

These Conditions govern Our relationship with You. Any changes to these Conditions must be in writing and signed by both parties.  You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation.

Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.

3.8        Law

 

The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.

 

The submission by the parties to such jurisdiction shall not limit Our right to commence any proceedings arising from any breach of these conditions in any other jurisdiction it may consider appropriate.

 

Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served by prepaid recorded delivery or special delivery or by facsimile transmission or be electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile (with correct answerback) or electronic mail(to the correct addressee) or if later at 9.00am on the next Working Day.

 

In the event that You are resident outside England Your address for service in England shall be the address notified to Us in the absence of such or where such address is outside England You shall not object to any application by Us for an alternative means or place of service or dispensing with service.

 

3.9        Statutory Rights

Where the User is a consumer as defined by the Distance Selling Regulations 2000 the consumer’s statutory rights are not affected by these Conditions.

 

 

Contact

silvernutmeg.com is a division of Nutmeg Limited:

The registered company address is:
Unit 6, Bee Mill, Ribchester, Lancs, PR3 3XL

Company registration number: 4524279

Contact details for silvernutmeg.com are set out in the ‘Contact’ section of our Website.