These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website www.nextdaycoffee.co.uk ("the Website") and your relationship with NDCC Limited whose registered office is at NDCC Limited, 1 South Caldeen Road, Coatbridge, ML5 4EG ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us .
By using the Website you agree to be bound by these Terms.
We reserve the right to amend these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. Website Registration
You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer care on:
5. Protecting Your Security
We take the risk of internet fraud very seriously. We make every effort to ensure all orders are thoroughly checked using the information already supplied. However, there is the possibility that we may need to contact you to make further security checks. We ask your co-operation to allow us to complete these check as quickly and efficiently as possible. Fraudulent transactions are not be tolerated by us, and will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. Personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. The Website may only be used for lawful purposes and in a lawful manner.
You agree to fully indemnify, defend and hold our directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail or telephone (or by other means if no e-mail address or phone number has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. We may offer to send part of an order with out of stock items to follow later, this is at our discretion.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is completed last.
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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
If you add a delivery note requesting the goods to be left (i) with a neighbour or any other alternative address or (ii) left without a signature in your garden, out building or elsewhere within the perimeter of the given delivery address, this is done entirely at your own risk. In addition the delivery driver is under no obligation to follow any much message if they do not feel the parcel will be left secure.
10. Cancellation Rights
Where you have purchased the goods or services as a consumer you are entitled to cancel any contract completed with us within 7 days from the day after receipt of the goods or services. We will endeavour to deal with any refunds in a prompt manner. We will issue refunds to the debit/credit card used to place the order.
Returned good must be returned in the same condition as they were when they were delivered until such time as the goods or services are either collected by us or delivered back to us by you.
We cannot cover return postage costs. Items should be returned to us by Recorded Delivery or equivalent service. You may obtain a proof of posting at any post office, this is free of charge.
11. Price and Payment
All prices shown are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you.
Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with the Terms, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used 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 to you for any delay or non-delivery.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website you must:
if an individual, be 18 years of age or over; and
register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers 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.
13. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Limitation of Liability
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Scotland and any disputes will be decided only by the Scottish courts.
19. Confectionary & Biscuits
We recommend that they are consumed within 8 weeks of receipt. All products are individually dated to ensure the products are consumed when they are at the best.
Customers should be aware that traces of nuts may be present and therefore cannot guarantee that any sweets supplied are free of nuts and nut traces. Please note that ingredients provided are those from manufacturers' packaging and lists and are therefore as accurate as those available from sweet manufacturers, we therefore cannot be held responsible for their content.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant NDCC Limited and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to NDCC Limited, including the execution of deeds and documents, at the request of NDCC Limited.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to NDCC Limited:
The content and material is accurate;
Use of the content and material you supply does not breach any applicable NDCC Limited guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify NDCC Limited for all claims brought by a third party against NDCC Limited arising out of or in connection with a breach of any of these warranties.
Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.