CONTENTS
CLAUSE
3. Placing an order and its acceptance
6. Price of the Guide and delivery charges
9. Our liability: your attention is particularly drawn to this clause
10. Events outside our control
AGREED TERMS
1. About us
1.1 Company details. Nali Consulting is the trading name of Natalie Alibrandi and our main trading address is 40 Queen Anne Street, London, W1G 8HG United Kingdom. We operate the website www.naliconsulting.co.uk.
1.2 Contacting us. To contact our customer service team please use the contact form on our website.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of the Guide by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing. The contract between you and us will come into existence as soon as the Guide is purchased. Delivery of the PDF to you for viewing or download will constitute delivery.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the [TITLE OF FOOD REG GUIDE] downloadable PDF guide containing details of relevant food packaging regulations, including any future iterations of the guide and any other guides sold through the website (the Guide) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 If we cannot accept your order. If we are unable to supply you with the Guide for any reason, we will inform you of this and we will not process your order. If you have already paid for the Guide, we will refund you the full amount charged as soon as possible.
4. Our Guide
4.1 The images of the Guide on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Guide. The colour and content of your Guide may vary slightly from those images.
4.2 We reserve the right to amend the specification and content of the Guide if required by any applicable statutory or regulatory requirement. Amendments to the guide are subject to clause 4.5.
4.3 All existing and future Guides sold via our website are strictly the intellectual property of Nali Consulting unless otherwise stated. Subject to clause 4.4, you agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Guide, use of the Guide, or access to the Guide or any contact on the website through which the service is provided, without express written permission by us.
4.4 Notwithstanding clause 4.3, consumers of a business capacity may freely share the Guide and its content with other employees of the same company but not otherwise.
4.5 If, following any change to the relevant law or regulations, the content within the Guide becomes outdated, any subsequent update to the Guide or its content shall not be free and the updated Guide must be repurchased.
5. Return and refund
5.1 The Guide provided on our website is digital content available for electronic delivery and immediate download via PDF once purchased. As the Guide will have been provided and cannot be returned physically once delivered, returns are unavailable on all purchases of the Guide subject to clause 5.2.
5.2 Therefore, you will not be eligible for a refund (or any alternative remedy) unless the Guide is defective, unavailable or doesn’t perform as stated.
5.3 Waive right to 14-day cooling off period. The Consumer Contracts Regulations (2013) give you 14 days to change your mind and get a refund on digital content purchases. However, you do not have this right if you have already gained access to the digital content (through a download, streaming or access).
5.4 As you will have access to the PDF Guide and its content immediately via download after purchase, you will need to waive your right to the standard 14 day cooling off period.
5.5 You confirm and acknowledge that: Once you pay for and receive access to the digital content, you have lost any right to withdraw from the Contract made between us. You have been notified of the 14 day cooling off period and agree to waive this right.
6. Price of the Guide and delivery charges
6.1 The price of the Guide will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the price of the Guide is correct at the time when the relevant information was entered onto the system. However, please see clause 6.4 for what happens if we discover an error in the price of the Guide you ordered.
6.2 The price of our Guide may change from time to time, but changes will not affect any order you have already placed.
6.3 The price of Guide excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Guide in full before the change in VAT takes effect.
6.4 It is always possible that, despite our best efforts, the Guide on our site may be incorrectly priced. If this happens:
(a) where the Guide’s correct price is less than the price stated on our site, we will charge the lower amount; and
(b) if the Guide’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and you must pay the difference.
7. How to pay
7.1 You can only pay for the Guide using payments permitted by our third-party payment processor, Stripe Payments Europe Limited (Stripe). You agree to be bound by the applicable terms, conditions and privacy policies of Stripe, in addition to these Terms. We reserve the right to change our third party processor at any time without notice, and you agree to be bound by the applicable terms, conditions and policies of any future payment processor.
7.2 When you make a purchase through our website, you authorise us or our third-party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment.
7.3 When you initiate a purchase via our website, you will be asked to provide customary billing information such as your name, billing address, and payment card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
7.4 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Guide to you.
8. Our warranty for the Guide
8.1 The Guide is intended for use only in the UK and within the European Union (EU). We do not warrant that the Guide complies with the laws, regulations or standards outside the UK or EU, and the content within it is only relevant to those jurisdictions.
8.2 We provide a warranty that on delivery, the Guide shall:
(a) subject to clause 4, conform with its description;
(b) be free from material defects; and
(c) be fit for any purpose held out by us.
8.3 Subject to clause 8.4, if:
(a) you give us notice in writing within a reasonable time of discovery that part or the whole Guide do not comply with the warranty set out in clause 8.2; and
(b) we are given a reasonable opportunity to investigate the defective Guide;
we will, at our sole discretion, replace the defective Guide, or refund the price of the defective Guide in full.
8.4 We will not be liable for breach of the warranty set out in clause 8.2 if:
(a) you make any demonstratable further use of the Guide after giving notice to us under clause 8.2;
(b) the defect arises as a result of us making any amendment to the Guide or its delivery method as requested by you;
(c) you alter or repair the Guide in any way without our written consent;
(d) the defect arises as a result of wilful damage, negligence, or abnormal electronic storage or use; or
(e) the Guide becomes outdated following subsequent updates or changes required by law as per clause 4.5.
8.5 We will only be liable to you for the Guide’s failure to comply with the warranty set out in clause 8.2 to the extent set out in this clause 8.
8.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
8.7 These Terms also apply to any repaired or replacement Guides supplied by us to you.
9. Our liability: your attention is particularly drawn to this clause
9.1 References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 We only supply the Guide for internal use by your business, and you agree not to use the Guide for any resale or other purposes in breach of these Terms.
9.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
9.4 Subject to clause 9.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
9.5 Subject to clause 9.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Guide purchased.
9.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Guide. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Guide is suitable for your purposes.
9.7 Under no circumstances does the Guide provided constitute any form of legal advice. The Guide is intended as a useful aid for consumers and does not provide (nor should be read as providing) any legal advice, counsel or information. No person or entity is entitled to rely on any aspect of the Guide or communication from us as, or in the context of, legal advice. No reference to any part of the Guide having been written, reviewed or edited by qualified lawyers implies the giving or receiving of any advice.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Guide to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11. General
11.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity by posting on our website if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
11.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
11.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
11.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
11.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.