Welcome to the WhyNut website terms and conditions for use (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below.
Before you place an order with us, if you have any questions relating to these terms and conditions please contact our customer service representatives by email at firstname.lastname@example.org .
"Personal Information" means the details provided by you on registration;
"Product" means a product displayed for sale on the Website;
"We/us" means WhyNut Ltd, with Company Registration Number 7236856 and VAT Registration Number: 993571964;
"Website" means the website located at www.whynut.co.uk or any subsequent URL which may replace it;
"You" means a user of this Website.
2) USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms.
(a) the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
(b) you will notify us immediately of any changes to the Personal Information via the ‘my account’ feature of this website or by contacting our customer service representatives by email
We reserve the right to:
(a) 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 or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time in accordance with clause 17.9 Our Right to Vary these Terms.
3) PURCHASE OF PRODUCTS
By placing an order through our Website, you warrant that you are:
(a) legally capable of entering into binding contracts;
(b) at least 18 years old;
- 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 in these Terms.
4) CONTRACT CANCELLATION
5) DESCRIPTION OF PRODUCTS
6) PRICE AND PAYMENT
8) RETURN OF GOODS
(a) because you have cancelled the Contract between us within the 14 day period above we will process the refund due to you as soon as possible and, in any case, within 30 days of receipt of the returned goods. In this case, we will refund the price of the Product in full, but not the cost of delivery to you. You will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 17.4 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
9) THIRD PARTY LINKS
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
11) WhyNut GIFT VOUCHERS
12) MULTI-BUY OFFERS
13) MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS
14) PRIZE DRAWS
We may operate prize draws from time to time which are governed by relevant terms and conditions.
15) OUR LIABILITY
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 15.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 15.5.
16) EVENTS OUTSIDE OUR CONTROL
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
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.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to WhyNut Ltdat 48 Deardon Way Shinfield Reading Rg2 9HF. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17.3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
These Terms and the Contracts 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. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales