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Home Delivery T&Cs
1.1 We are Natoora (US), Inc, a US-registered company. Our trading and registered office is at 99 Scott Avenue, Suite J, Brooklyn, NY 11237. Our other contact details are specified on our website.
1.2 We own and operate this App.
1.3 These terms and conditions ("T&Cs") comprise a contract between you and us governing your use of this App. If you are a consumer your statutory rights are not affected by this agreement.
1.4 References to "goods" in these T&Cs include "services". Headings are for information only and are not binding.
1.5 We may update these T&Cs from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our website. The changes will apply to the use of the App after we have given notice. If you do not wish to accept the new T&Cs you should not continue to use the App. Your use of the App after the date on which the change comes into effect indicates your agreement to be bound by the new T&Cs.
1.5 We may update these T&Cs from time to time, and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our website. The changes will apply to the use of the App after we have given notice. If you do not wish to accept the new T&Cs you should not continue to use the App. Your use of the App after the date on which the change comes into effect indicates your agreement to be bound by the new T&Cs.
2.1 You must be 18 years to register on this App. You must supply us with correct information on registration and promptly notify us of any changes.
2.2 We may at our discretion suspend or terminate your registration or use of the App without notice and without giving reasons.
3.1 Please check your order carefully to ensure it is correct. You agree to supply us with correct information including delivery address and to notify us of any changes.
3.2 You acknowledge that you are over 18 years and have carefully read and accepted the price (including delivery charge), description and other information concerning the goods ordered.
4.1 We reserve the right not to accept your order and your credit card will not be charged until dispatch.
5.1 While we make the utmost effort to ensure accurate and reliable information, we do not guarantee the accuracy of all information on the App.
5.2 If you inform us of any inaccuracies on the App, we will attempt to correct them as soon as we reasonably can.
6.1 Payment is by credit card via Stripe. Your order will only be processed if your card is authorized.
6.2 The price for the goods you order is stated on the App. All goods are exempt from sales tax. VAT is included unless stated otherwise. The price of goods may be changed at any time unless your order has been accepted (see below).
6.3 Delivery is charged extra at the rate specified. A separate delivery charge will apply to each order except where an order already exists by the same customer in the same delivery slot.
6.4 All prices quoted on the App are quoted in US dollars (USD)
7.1 We cannot be held responsible if any goods are unavailable due to circumstances beyond our reasonable control.
7.2 We may substitute items at our own discretion. Items sent in substitution cannot be returned. If you do not wish to receive substitutions, you will need to contact us.
8.1 Delivery will be made to the address which you specify when ordering.
8.2 You or a doorman should be present to receive the delivery during the delivery time slot which you will be allocated to. If no one is available:
8.2.1 We will call the number provided and then leave the delivery at your door.
8.3 You may be required to provide proof of age and identity and the reference number on our email confirming your order and sign for the goods as proof of receipt. Otherwise the driver may refuse to deliver some or all of the goods. You can appoint a third party who is over 18 year to accept delivery on your behalf. Such person must also be able to provide proof of age, identity and reference number.
8.4 Risk of damage or loss to the goods (including deterioration of fresh foods) passes to you on delivery or if delivery is attempted but you are not present to accept delivery or wrongfully refuse delivery or if an incorrect address is supplied.
8.5 We will not be held responsible for any delay in delivery resulting from circumstances beyond reasonable control such as adverse weather or traffic delays. Our liability for late delivery is limited to the price payable for the goods.
9.1 Promotional offers may be redeemed on the Natoora Home Delivery app, but this is dependent on the terms and conditions stated for each offer.
9.2 The promotional code must be entered into the Promo Code field on the Natoora Home Deliveries app for the offer to be applied.
9.3 Where a discount is applied to the total value of the order, delivery charges are excluded.
9.4 Once a valid code has been added, the promotional code and any discounts will be shown on the checkout page.9.5 The promotional code and any discounts will also be shown on the customer invoice.
9.6 The promotional code can be edited up until the order cut-off time on the Natoora Home Deliveries app.
9.7 If the delivery date is adjusted to fall outside the promotional period, the promotional code no longer applies.
9.8 In the case of a refund, where a promotional code was applied to an order, items will be refunded at the discounted price.
9.9 Natoora reserves the right to amend or withdraw a promotional offer at any time.
10.1 We will not be accepting returns.
10.2 If you discover that any goods are missing or damaged, you must notify us immediately and we will provide a refund. We may require photos of any damaged items.
10.3 Substituted items will not be refunded.
11.1 The goods are supplied for personal and not commercial use. They may not be re-sold.
11.2 For orders placed on the Natoora Home Deliveries app, if cancellation of an item of a whole order is made within 24 hours of the delivery date, it is likely the payment has already been processed. Where a refund is required, this will be processed straight away, but the refund may take 5-10 days to reach the customer's account.
12.1 If you are a consumer, you have the right to cancel this contract within 7 working days of delivery except in respect of non-perishable goods only (meaning goods which are liable to deteriorate or expire rapidly) or goods which have been consumed, opened or damaged by you.
12.2 If you cancel, you must return the goods in their original packaging together with the invoice to us at your expense. Please contact us and we will tell you where to send the goods. We will refund the full amount paid by you within 30 days. We will however deduct the direct costs of recovery if this is done at our expense. We will in any case pay the cost of returning any substitute goods in the event of cancellation under this clause.
13.1 Property (i.e. ownership) of the goods shall not pass to you before we have received cleared payment.
14.1 The content of our App, including without limitation, all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trademarks, service marks, patents or other proprietary rights.
14.2 Except insofar as expressly permitted in these terms and conditions, the content of the App may not be retrieved, displayed, modified, copied, printed, downloaded, sold, hired, reverse engineered or transmitted in any way without our prior written consent.
14.3 You may retrieve and display the content on this App for your personal and non-commercial use only and in connection with any actual or proposed order by you on the App.
14.4 You may not link to the App or include the App within another external website without prior written permission.
16.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
16.2 Without prejudice to rest of these T&Cs, our liability of any kind, including breach of contract, tort (including negligence) or otherwise with respect to this App or any goods purchased via this App shall be limited to the amount of any order to which the claim relates or $300, whichever is higher.
16.3 In no event (including our own negligence) will we be liable for any:
16.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
16.3.2 loss of goodwill or reputation;
16.3.3 special, indirect or consequential losses; or
16.3.4 damage to or loss of data (even if we have been advised of the possibility of such losses) with respect to this website.
17.1 These T&Cs constitute the entire agreement between you and us in connection with the use of this App. Any failure by us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any part of this agreement is deemed ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement save in relation to paragraph 9.1.
18.1 We are not liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control
19.1 This contract shall be governed by New York state law and any disputes will be decided only by New York courts.
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