Terms and Conditions

The Nedbuy Foods Site aims to give You a superb home shopping service. We have set out below the conditions under which You are allowed to use the Site, what You can expect from Us and see the terms on which You place Your order.

1. DEFINITION OF TERMS

"You" and "Your" means the person ordering Goods from Nedbuy Foods, who must be over 18 years of age.

"Nedbuy Foods" or "We" or "Us" or "Our" means Nedbuy Foods Limited whose business address is at Unit 1B Baltimore Trading Estate, Baltimore Road, Birmingham, B42 1DR.

"Account" means Your details and shopping history which is created when You register to shop through the Our online store Site.

"Collect" means You collecting or the person You have asked to collect on your behalf the goods that You order from the Nedbuy Foods store address that is stated in Your order (and that address must be within Our collection catchment area) and "Collection", "Collecting" and "Collected" shall be interpreted accordingly.

"Deliver" means Us (or a third party delivery agent nominated by Us) delivering the goods that You order to the address stated in Your order (and that address must be within Our delivery area) and "Delivery" and "Delivered" shall be interpreted accordingly.

"Let Us Know" means change or cancel Your order via Our Online Store Site or call Our Nedbuy Foods Store.

"Site" or "Website" means Our Online Store Website at https://nedbuyfoods.co.uk/

2. TERMS OF USE

This section explains how You are allowed to access and use the Site.

2.1 Use of and access to the Site

2.1.1 From time to time it will be necessary for Us to carry out maintenance on the Site which may result in occasional periods of downtime.

2.1.2 We can't promise that the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

2.1.3 You can use the Site to browse and buy goods and services from Us and to manage your account with Us but not for any other purpose.

2.1.4 You must not use Your Nedbuy Foods email/username and password combination to access the Site, or any part of the Site, including Your shopping list or favourite items, from anyone else's site. That is because access to the Site by commercial organisations, whether or not acting on behalf of Our customers, is strictly prohibited.

2.2 Content of the Site

2.2.1 We may update the Site from time to time, and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. Although we try to update the information on the Site, we make no representations, warranties or guarantees, that the content on the Site is accurate, complete or up-to-date.

2.2.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

2.2.3 All rights, including without limitation any intellectual property rights, in any data on the Site, or any part of the Site, provided by Us or You, or any third party, such as for example Your shopping list or favourite items (the Data) will automatically be owned by Nedbuy Foods. You agree that You are not allowed to use the Data, or permit any third party to use it, without Our express permission. If the law prevents us from automatically owning any rights in the Data, you now assign such rights to us.

2.2.4 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site. You should use Your own virus protection software.

2.2.5 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

2.3 Non Nedbuy Foods Websites

Sometimes to help You in Your shopping experience We may include links to other non Nedbuy Foods websites. As You would expect, Nedbuy Foods is not responsible for the content of those websites.

2.4 Governing Law

These terms of use are subject to English law and the exclusive jurisdiction of the English courts.

2.5 Changes to these Terms

If We make any changes to these terms of use We will let You know as soon as possible by posting the changes on Our Site.

3. TERMS OF SALE

These terms of sale will apply if You place orders on Our Site.

3.1 Becoming a Customer

3.1.1 To place an order on Our Site You must be over 18 years of age, require Delivery in Our Delivery area or a Collection in Our collection catchment area and have a credit or debit card acceptable to Us in Your name.

3.1.2 When You register You will create a username and password which You must use whenever You shop with Us. You must treat Your username and password as confidential and must not disclose it to any third party. Please keep this information in a safe place because You will be responsible for all activities and orders made under Your password and username. If You think that someone else may either know or be using Your username and password, please contact Us immediately.

3.1.3 We reserve the right to decline a new customer registration or to suspend or disable Your Account at any time and at Our sole discretion.

3.2 Our Contract

3.2.1 Our Site invites You to buy goods from Us. Once You have placed an order on the Site We will send You an order acknowledgement by email setting out what You have ordered and the price of Your order. This is not an order confirmation or acceptance from Us. A legally binding contract with You will only arise once We have completed Delivery of the goods to You or You have (or the person you have requested to Collect on your behalf has) completed Collection of the goods from Us. At this time You become the owner of the goods. This means that You will have no legal liability in connection with Your order until Delivery or Collection (as applicable) is completed.

3.2.2 These terms regulate the supply of goods to You by Nedbuy Foods. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.

3.2.3 The failure of Nedbuy Foods to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforce-ability. Nedbuy Foods reserves its rights in respect of these terms and conditions at all times.

3.3 Price
All prices are in British pounds and may be changed without notice.

3.3.1 The price of the item(s) You order will be the price on the Site at the time You place Your order or amend Your order. If a new price or promotion is in place after You have placed Your order for example, a multi-buy offer or price reduction which may be advertised on the packaging of goods you have ordered, these prices and promotions will not be applied to Your order.

3.3.2 We give You the choice of ordering certain items such as fruit and vegetables either by weight or by quantity. As it is difficult to select loose items such as these to an exact weight, if You order these items by weight We'll charge You for the actual weight picked - and We always try and get as near as possible to the weight You ordered. Loose items are priced by weight in store, meaning that if You order by quantity and the items picked in store have a higher than average weight, You may be charged more than the guide price given online at time of order. If the items in store have a lower than average weight, You may be charged less than the guide price given online at time of order.

3.3.3 In addition to the price you will also be charged for Delivery or Collection

All charges will be displayed in the ‘Your Order’ section on the Site. The total price of Your items excludes delivery or collection.

3.3.4 For Your protection and security, and in order to verify the debit or credit card details provided, We will contact Your card issuer and perform a 3DS authentication check.

3.3.5 We will debit the total value of Your checked out order once You complete payment. However, if there are differences between Your checked out order and the contents of Your Delivered or Collected order, an adjustment will need to be made to the amount debited from Your debit or credit card. In the event the total value of goods Delivered is less than the checked out order amount (for example if an item was unavailable and removed from Your order or due to price changes in accordance with 3.3.1 above), You will be refunded the difference. In the event the total value of goods delivered is more than the checked out order amount (for example if the price of weighted items differs from the amount specified in Your order in accordance with 3.3.2 above) or due to price changes in accordance with 3.3.1 above) You may see a separate charge on Your credit or debit card statement. The total amount payable by You for Your order (following any adjustment required) will be the amount shown at the bottom of the Delivery note given to You at the time of Delivery or Collection. Any required adjustments will be processed on the day of Delivery or Collection and may appear as a separate line on Your credit or debit card statement. However, the adjustment may take up to 5 working days to appear on Your statement depending on Your card issuer.

3.3.8 All prices quoted are inclusive of any Value Added or other tax

3.4 No Excuses Guaranteed Changing your Mind

3.4.1 You can cancel Your order at any time prior to Delivery or Collection. If You already complete Your order and want to add Goods to Your order, You need to place a new order. If you find an item(s) is missing, you can request a refund for the missing item(s) within 1 days of Delivery or Collection contacting through email: service@nedbuyfoods.co.uk or by calling us on 44 1213568454. Refunds are subject to checks in accordance with our returns criteria and processing.

3.4.2 Your right to return an item does not apply to food goods unless these goods are faulty on Delivery or Collection or mis-described.

Orders which fail to meet our usual high standards

3.4.3 When Your items are delivered please check that the order is not damaged. In the event that Your order is visibly damaged or in any way does not meet Our usual high standards, please Let Us know as soon as possible by calling us on 44 1213568454.

3.4.4 If you discover that an item is damaged or faulty or in any way does not meet Our usual high standards, please do not continue to use your item(s) and please retain the original packaging where possible. You are responsible for the goods from Delivery or Collection and You must store the goods in the manner appropriate to the type of goods (e.g. keep chilled items chilled, frozen item frozen etc.) as We may require them to be returned and they must be returned to Us in the same condition as they were Delivered to, or Collected by, You.

3.4.5 If You have any problems with your purchase, or want advice on whether your items are considered liable to deteriorate or expire rapidly, we can offer help and assistance. Please contact Customer Services by emailing us.

3.4.6 Your rights under UK or your national consumer legislation and any Manufacturer Guarantees are not affected.

3.5 Stock Shortages on Goods

3.5.1 We do Our best to ensure that We have amazing availability but We do occasionally run out of some goods. When Your order is complete any out of stock item from your order will be refunded or replaced with same product of different brand (if you do not wish replacement add a comment to your order).

3.6 Delivering Your Goods
Nedbuy Foods may use third party for deliveries out of the store area.

3.6.1 We always aim to Deliver Your goods within the Delivery time We have agreed with You, but We cannot accept liability if We Deliver the goods outside of this slot or don't Deliver all or any of the goods in Your order. Instances where it may not be possible to deliver Your order may include (but not limited to):

where the driver believes it is unsafe or impractical to approach the property
where the driver believes it is unsafe to deliver due to an uncontrolled/dangerous dog
where the driver cannot deliver to the property due to bad weather

3.6.2 Ownership of, and risk in, the goods will pass to You once Your order has been Delivered. Read all information on the product label carefully including any accepted substituted products. If the delivery address stated on Your order is not the address where You live We will not be liable for any damage or detriment to the goods caused by their onward delivery to You.

3.6.3 We can only Deliver to an address stored in Your address book in the Your Account section of Our Site. We can only make a Delivery to an address within Our delivery area.

3.6.4 Our commitment is to deliver Your order to Your front door. There may be circumstances where this may not be possible (including but not limited to):

where the driver believes they are at risk of injury;
where the driver believes any stairs to Your front door are structurally unsafe;
where the driver believes it is unsafe to enter the property;
where the driver has not received clear permission to enter the property.
where the driver is under instructions from Us not to enter the property (for example, due to Government guidelines relating to COVID-19).

In these circumstances the driver may ask to meet you in another location, as close as possible to your front door. If You are unable to meet the driver in another location then Your delivery may not be completed. You will not be charged if We are unable to successfully deliver Your Goods.

3.6.5. We are an ethical retailer and are committed to upholding both our legal and social obligations as a retailer of products. To achieve this position, we have a number of control checks throughout our purchase and delivery process, for example, we will only deliver to somebody who is, in our reasonable opinion, aged 18 or over.

It is your responsibility to ensure that the person accepting delivery is over 18 and can demonstrate this to us if challenged. If we are not satisfied that the person accepting delivery is over the age of 18, then we may not hand over your delivery. If there is no one at the Delivery address who is 18 years of age or over, we'll notify You of Our visit and will return the goods to Our store. We'll then contact You to arrange re-Delivery at a convenient time. You may have to pay another Delivery charge for this.

We also follow a "Challenge 25" policy for the purchase of alcohol and other age restricted products such as tobacco, DVDs and aerosols. Accordingly, when delivering age restricted products, if the person accepting your order appears to be under the age of 25, the driver will request photo ID (such as a passport, EU Photocard driving licence, National ID cards or proof of age card) to prove that they are over the age of 18 and can lawfully purchase such products.

3.6.6 Due to licensing restrictions We can only Deliver alcohol during the licensing hours that are within Our Delivery times.

3.7 Collecting Your Goods

3.7.1 We always aim for You to be able to Collect Your order within the Collection slot We have agreed with You, but We cannot accept liability if We provide the goods for Collection outside of this slot or do not provide all or any of the goods in Your Collection order.

3.7.2 Ownership of, and risk in, the goods will pass to You once You have (or the person You have requested to Collect on Your behalf has) Collected Your order.

3.7.3 We can only allow Collection of orders from the Nedbuy Foods store address stated in Your order.

3.7.4 For security reasons, Our Collection colleague will ask You (or the person You have requested to Collect on Your behalf) a security question at the point of Collection of Your order. If You or the person You have requested to Collect on Your behalf are not able to answer the security question at the point of Collection We reserve the right to return the goods to Our store. You must treat Your security details as confidential and must not disclose it to any third party (unless you have requested someone to Collect the order on Your behalf). If You think that someone else may either know or be using Your security details and You have not authorised them to Collect Your order on Your behalf, please contact Us immediately.

3.7.5 If there is no one to collect Your order at the Collection point who is 18 years of age or over, We will notify You and return the goods to Our store. We'll then contact You to re-arrange Collection at a convenient time. You may have to pay another Collection charge for this. Customers who are lucky enough not to look 25 or over, will be asked by Our Collection colleague to provide proof of age to show that they are 18 or over. Orders can only be Collected by persons over 18 years of age to ensure that We comply with laws regarding the sale of age-restricted goods e.g. alcohol.

3.7.6 Due to licensing restrictions We can only provide alcohol for Collection during the licensing hours that are within Our Collection times.

3.8 What We are Not Liable For

3.8.1 Whilst We take every care to Deliver Your order or provide Your order for Collection (as applicable), We cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance You had in having the goods Delivered to You or having the goods available for Collection from Us, arising out of Our supply or failure to supply the goods to You.

3.8.2 Nothing in this Agreement shall in any way limit Our liability for death or personal injury resulting from Our breach of contract, tort or negligence nor limit any legal rights You have as a consumer.

3.8.3. The goods are sold to You on the basis that You are a consumer therefore We will not be liable for any special losses that You might suffer using, re-distributing or reselling the goods as part of a business.

3.8.4 With the exception of faulty goods or returns made in accordance with clause 3.4 of these terms, We shall not be liable for goods once they have been Delivered to the delivery address, or Collected from us at the collection address, stated in Your order and if You ask a third party to move, transport or deliver the goods to any other address following Our Delivery or Your Collection, We shall not be liable for anything that that third party might do to the goods.

3.9 Use of Cards

3.9.1 If You find Your card has been used without Your authority please tell Us within 24 hours of finding out. You must also tell Your card issuer within the time limits You agree in Your card scheme rules.

3.9.2 You must pay for Your order using a UK based credit or debit card.

3.10 Expiry Dates

3.10.1 The colleagues who put together Your order are carefully trained to select goods with a reasonable amount of time left on the expiry date (just as You would if You were in store shopping Yourself). However, please note that some fresh produce items naturally only have limited shelf life when they arrive in the store, therefore it is reasonable for them to have a shelf life of less than two days when they are Delivered or Collected.

3.10.2 While We try our best to give You an accurate estimate of a product’s typical shelf life, due to the nature of fresh produce, We cannot guarantee that a product will stay fresh for the typical shelf life displayed.

3.11 Governing Law

These terms of sale are subject to English law and the exclusive jurisdiction of the English courts.

3.12 Changes to these Terms