a THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.NUTMOST.IE (THE “WEBSITE”) AND ALL SERVICES PROVIDED BY NUTMOST LTD (“NUTMOST”) ON THE WEBSITE.
c As a User you can close your account with Nutmost by contacting Nutmost directly on email@example.com. Such cancellation will become effective 7 days after it has been received by Nutmost.
Customer means any User using the Website to execute Transactions by purchasing any goods or products listed for sale on the Website.
Content means all images, photographs, graphics and text used to describe goods and products.
Website means the website hosted at http://www.nutmost.ie, all Content accessed and all services provided thereat.
Transaction(s) means the contract of purchase that is formed when a Buyer accepts the conditons specified in the offer and clicks the “Place Order” button in the Shopping basket.
Username means the unique identity established for each and every User upon registration.
3 Registration and User Eligibility
a No registration is required if you browse the Website
b Registration as a User is free of charge. Nutmost reserves the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms & Conditions a contract between you and Nutmost for the use of the Website is established.
d Nutmost services may only be used by individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is truthful and accurate.
e Password: You must use every effort to keep your Username and password safe and you should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your Username or password. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Nutmost of any unauthorized use of your password or any breach of security. You also agree that Nutmost cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
f Account Information: You must keep your account information and valid email address up-to-date and accurate at all times.
g If you are registering as a corporate entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
h Right to Refuse Service: Nutmost may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. Nutmost reserves the right to issue a warning, to suspend or terminate a registration, and/or to cancel unconfirmed or inactive accounts at any time for any reason, including but not limited to a breach of these Terms and Conditions, provision of false information and/or malicious comments or if Nutmost believes that a User is acting inconsistently with the letter or spirit of Nutmost policies, has engaged in improper or fraudulent activity in connection with Nutmost or the actions may cause legal liability or financial loss to Nutmost.
4 Fees and VAT
a For completed transactions Nutmost charges VAT on the sale price of all products at the point of sale..
b Shipping fees are €5.50 (<5kg) €6.80 for anywhere in the RoI for up to 30kg
c Nutmost does not charge any fee or VAT on the shipping costs.
d All transactions over €60 for delivery to anywhere in the RoI are eligible for free shipping.
e The product Price that the Buyer sees listed on the Website is inclusive of all fees and is the total product price to the Buyer. Shipping costs may be additional and will be displayed in advance of the Buyer completing the transaction.
f Nutmost does not keep any payment information on file.
a THE CONTRACT OF PURCHASE IS FORMED WHEN PLACES THE ORDER, COMPLETES THE PAYMENT AND THE EMAIL CONFIRMATION OF THAT ORDER IS SENT TO THE BUYER. ALL SALES ARE BINDING.
b Delivery of Goods: Nutmost will endeavour to ship your order as promptly as possible. The statutory timeframe for delivery of goods under the Distance Selling regulations (see Section 7 below) is no more than 30 days. If we fail to ship your goods within 30 days, you, the consumer, are entitled to a full refund. This refund will take place no later than a further 30 days after the you have been notified of this right of refund: that is, within 60 days of the original formation of the contract.
6 Distance and Selling Regulations
a The European Directive on Distance Selling (Directive 97/7/EC) (the “Directive”) was incorporated into Irish Law by the European Communities (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (S.I. 207 of 2001).
b The protection offered by the regulations only applies to consumers. The definition of consumer is given as “a natural person who, as regards a distance contract, is acting for purposes which are outside that person’s trade, business or profession”. A body corporate cannot be a consumer for the purposes of the regulations and to this extent business-to-business transactions is not be covered by the legislation.
c If you do not receive an email confirmation of your transaction please notify Nutmost immediately at firstname.lastname@example.org.
d Right of withdrawal, Cooling off periods: Subject to the Distance Selling regulations you will have a 7 day “cooling off period” commencing upon receipt of the product(s). With certain exceptions (customised or perishable goods), the Buyer has a period of 7 working days from the receipt of the product(s) in which to cancel the distance contract made via Nutmost without penalty. The only penalty payable by the Buyer is the direct cost of returning the goods.
e Should you wish to exercise your right of withdrawal from the contract then you should provide Nutmost with notice in writing and you must return the goods as soon as practicably possible.
f In the event that Nutmost cannot perform the agreement due to the unavailability of goods we may offer the delivery of “equivalent goods or services” to the Buyer. If the Buyer wishes to reject such goods within the cooling off period, Nutmost will issue a refund.
g Maximum online order quantity is 20 x 50 gram packs per order. For wholesale orders please contact us directly at email@example.com
Nutmost appreciates your feedback and constructive criticism and considers any suggestions, ideas, proposals or other material submitted to it by Users via the Website or otherwise (collectively, the “Feedback”) to be non-confidential and non-proprietary. You hereby grant Nutmost, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Feedback for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
8 Prohibited Content
Your product reviews on Nutmost shall not:
a Be false, misleading or obscene.
b Be defamatory, trade libellous, threatening, harassing, impersonate or intimidate any person (including Nutmost staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
9 Resolution of Disputes and Release
a In the event that you have a problem or complaint please contact Nutmost directly by email at firstname.lastname@example.org or by post at the address below.
b Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration under the laws of Ireland.
10 Access and Interference
You agree that you will not:
a Take any action that imposes, or may impose, in Nutmost’s sole discretion, an unreasonable or disproportionately large load on Nutmost’s infrastructure.
b Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
c Copy, reproduce, modify, create derivative works from, distribute or publicly display any User Content from the Website or otherwise without the prior express written permission of Nutmost.
12 No Warranty
NUTMOST, OFFICERS, DIRECTORS, EMPLOYEES, AND NUTMOST SUPPLIERS PROVIDE NUTMOST WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NUTMOST DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE NUTMOST’s CONTROL.
13 Liability Limit
IN NO EVENT SHALL NUTMOST, AND (AS APPLICABLE) NUTMOST’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR NUTMOST’s SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, NUTMOST’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NUTMOST’s LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF NUTMOST, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO NUTMOST’S IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) €100.
14 Severability and Survival
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
15 Nutmost’s Service
Nutmost reserves the right to modify or terminate the Nutmost service for any reason, without notice, at any time. Nutmost reserves the right to alter these Terms and Conditions or other Website policies at any time, so please review the policies frequently. If Nutmost makes a material change Nutmost will notify you here, by email, by means of a notice on our home page, or other places Nutmost deems appropriate. What constitutes a “material change” will be determined at Nutmost’s sole discretion, in good faith, and using common sense and reasonable judgment.
16 Choice of Law
This Agreement shall in all respects be governed by and interpreted in accordance with the laws of Ireland.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Nutmost Ltd; Belan, Moone, Co. Kildare R14 F786 (in the case of Numost) or, in your case, to the email address you provide to Nutmost (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Nutmost may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Nutmost. In such case, notice shall be deemed given three days after the date of mailing.