1. These terms
1.1 These are the terms and conditions on which you may use this website (www.naturebytes.org) (the Website) and on which we supply goods and services to you through this Website. Please read these terms carefully before using this Website or ordering goods or services from us. If you think that there is a mistake in these terms, please contact us to discuss.
(b) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of this Website. When using this Website, you must comply with this Acceptable Use Policy.
2. Information about us and how to contact us
2.1 We are Naturebytes C.I.C, a company limited by guarantee incorporated in England and Wales (registered number 09002627) whose registered office is at Burgess Farm, Newbury, RG20 0HY. You may contact us by e-mailing us at firstname.lastname@example.org.
2.2 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.
2.3 When we use the words “writing” or “written” in these terms, this includes emails.
Terms of website use
3. Changes to the Website
3.2 We may also update our Website from time to time, and may change the content at any time. We do not guarantee this Website, or any of its content, is up to date or free from errors or omissions at any time.
4. Accessing this Website
4.1 We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. Access to this Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this Website without notice. We will not be liable to you if for any reason this Website is unavailable at any time or for any period.
4.2 You are responsible for making all arrangements necessary for you to have access to this Website.
4.4 This Website is directed to people residing in the United Kingdom. We do not represent that content available on or through this Website is appropriate or available in other locations. We may limit the availability of this Website or any service or product described on this Website to any person or geographic area at any time. If you choose to access this Website from outside the United Kingdom, you do so at your own risk.
5. Your account and password
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email@example.com].
5.4 By accessing this Website, you confirm that you are over 18 or are over 9 and have the consent of your parent or guardian to do so. This website is not intended for use by persons under the age of 9.
5.5 Where you are parent or guardian who has consent to the use of this Website by a child under the age of 18, it is important that you communicate with the child about their safety online and the potential risks to them of using any interactive services.
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in this Website, and in the material published on it other than user generated content (see Clause 8 below). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from this Website for your personal use and you may draw the attention of others to content posted on this Website. 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.
6.3 Our status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.
6.4 You must not use any part of the content on this Website for commercial purposes without obtaining a licence to do so from us or our licensors.
7. No reliance on information
7.1 The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.
7.2 Although we make reasonable efforts to update the information on this Website, we make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up-to-date.
8. Uploading content to this Website
8.1 Whenever you make use of a feature that allows you to upload content to this Website, or to make contact with other users of this Website, you must comply with our Acceptable Use Policy. You will be responsible to us for any loss or damage we suffer as a result of your breach of that policy.
8.2 Any content you upload to this Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of this Website a limited licence to use, store and copy that content and to distribute and make it available to others for specified purposes. The rights you license to us are described in Clause 9.
8.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this Website constitutes a violation of their intellectual property rights, or of their right to privacy.
8.4 The views expressed by other users on this Website do not represent our views or values. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of this Website.
8.5 We have the right to remove any posting you make on this Website if, in our opinion, your post does not comply with our Acceptable Use Policy.
8.6 You are solely responsible for securing and backing up your content.
9. Rights you licence
9.1 When you upload or post content (“Content”) to this Website, you grant the following licenses:
(a) a perpetual, worldwide, non-exclusive, royalty free, irrevocable licence to us to use, store, copy, distribute, and modify the Content for commercial, education, conservation and academic research purposes, including the right to sub-licence the Content on the same terms to trusted third parties;
(b) a perpetual, worldwide, non-exclusive, royalty free, irrevocable licence to third parties to use, store, copy, distribute and modify the Content for non-commercial purposes;
10.1 We do not guarantee that this Website will be secure or free from bugs or viruses. You should use your own virus protection software.
10.2 You must not misuse this Website by knowingly introducing viruses, trojans, worms or other material which is malicious or technologically harmful or commit any denial-of-service attack or a distributed denial-of service attack. You must not attempt to gain unauthorised access to this Website, the server on which it is stored or any server, computer or database connected to it. Breaching this provision is a criminal offence under the Computer Misuse Act 1990. If you do so, we will report the breach and disclose your identity to the relevant authorities and your right to use this Website will end immediately.
11. Links to and from this Website
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to this Website in any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. We reserve the right to withdraw linking permission without notice.
11.2 If you wish to make any use of content on this Website other than that set out above, please contact [firstname.lastname@example.org].
11.3 Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
12 Trade marks
12.1 “Naturebytes” and ”Nature Bytes” are UK registered trade marks of Naturebytes CIC.
Provision of goods and services
13. Our contract with you
13.1 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. 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.
13.2 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 a credit reference we have obtained for you does not meet our minimum requirements, 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.
14. Our products
14.1 The images of the products and packaging on our website are for illustrative purposes only. Although we have made every effort to display the images accurately, your product may (for example in colour) vary slightly from those images.
14.2 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.
14.3 We may suspend sales and/or change the product:
(a) to reflect changes in relevant laws and regulatory requirements (this may, for example, mean that camera kit batteries or other components are changed to comply with UK or EU electronic goods specifications); and
(b) to implement minor technical adjustments and improvements, for example to address functionality issues in camera kits. These changes will not affect your use of the product.
15. Providing the products
15.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
15.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
15.3 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.
15.4 Re-delivery. If we are unable to deliver the products, we will leave you a note informing you how to rearrange delivery or collect them. If after a failed delivery you do not re-arrange delivery or collect the products we will contact you for instructions and may charge you for storage and further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
15.5 Your legal rights if we deliver late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
15.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, or post them back to us. We will pay the costs of postage. Please contact customer services by emailing us at email@example.com for a return label or to arrange collection.
15.7 When you become responsible for, and own, the product. The product will be your responsibility from the time we deliver the product to the address you gave us. You own the product once we have received payment in full.
16. Your rights to end the contract
16.1 You can always end your contract with us. Your rights when you end the contract will depend on the circumstances:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 19;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 16.2;
(c) If you have just changed your mind about the product, see Clause 16.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause Error! Reference source not found.
16.2 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 (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) 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 30 days; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 15.5).
16.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products you have a legal right to change your mind within 14 days of receipt and receive a refund Exceptions to this right to change your mind are described in Clause 16.5 below:
16.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Naturebytes to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 19.2):
Right under the Consumer Contracts Regulations 2013 – 14 day period to change your mind.
How our goodwill guarantee is more generous – 30 day period to change your mind (subject to Clause 16.5).
16.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
(b) camera kits constructed incorrectly; and
(c) camera kits used outside or contrary to printed recommendation.
17. How to end the contract with us (including if you have changed your mind)
17.1 To end the contract with us, please let us know by doing one of the following:
(a) Email. email us at firstname.lastname@example.org. Please provide your name, home address, details of the order, your reason for ending the contract and, where available, your phone number and email address.
(b) By post. write to us at Naturebytes, Customer Services, Burgess Farm, Newbury, RG20 0HY, including your name, home address, details of the order and, where available, your phone number and email address and the reason for ending the contract with us.
17.2 If you end the contract for any reason after products have been dispatched to you you must return them to us. You must either return the goods in person to where you bought them or post them back to us at Naturebytes, Customer Services, Burgess Farm, Newbury, RG20 0HY. Please email us at email@example.com for a return label or to arrange collection. If you are 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.
17.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) 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.
17.4 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.
17.5 Deductions from refunds. If you are exercising your right to change your mind:
(a) 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
17.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
18. Our rights to end the contract
18.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you; or
(c) your order is for a business which is engaged in activities or have associations that are contrary to our principles.
19. If there is a problem with the product
19.1 If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
19.2 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.
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 goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
19.3 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. See Clause 17.2.
20. Price and payment
20.1 The price of the product (which includes VAT) will be the price indicated when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 20.3 for what happens if we discover an error in the price of the product you order.
20.2 If the rate of VAT changes between your order date and when we supply the product and you have not already paid in full for the order, we will adjust the rate of VAT that you pay.
20.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we notice a 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, 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 unmistakeable 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.
20.4 We accept payment with all major credit cards. You must pay for products before we dispatch them. We will not charge your credit or debit card until we are ready to dispatch your products.
20.5 If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
Generally applicable terms
21. Our responsibility for loss or damage suffered by you
21.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
21.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
21.3 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 our site or to your downloading of any content on it, or on any website linked to it.
21.4 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Liability for sales of products
21.6 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms and conditions above relating to the sale of products, 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.
21.7 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any indirect or consequential loss or damage, loss of profit, loss of business, business interruption, or loss of business opportunity.
22 How we may use your personal information
23 Other important terms
23.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
23.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
23.3 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.
23.4 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.
23.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.