NOMENTU LTD TERMS AND CONDITIONS

OVERVIEW

This website is operated by Nomentu a trading name of Nomentu Ltd, a company incorporated and registered in England and Wales with company number 11087140, VAT number GB313683509. Throughout the website, the terms “we”, “us” and “our” refer to Nomentu Ltd. Nomentu Ltd offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Additionally, throughout the website, the terms “Vendor” and “Seller” refer to other businesses offering their products and/or services on Nomentu’s website.

Please read these terms and conditions making sure you understand them before using the website or placing an order. This terms and conditions are a legally binding agreement between:

  1. You and Nomentu when using the website and when buying products sold by Nomentu.
  2. You and the relevant vendor when buying products of that vendor who is seller of those products, whereby Nomentu acts as an intermediary only providing all or some of these services: vendor’s products linting in Nomentu’s website, online marketing platform, collect your payment to the relevant vendor, shipment methods and customer service. In this case the contract is between you and the relevant vendor, not Nomentu. However, we are acting as an authorised agent of our vendors, who is the principal of the contract with You.
  3. The contract between you and the relevant vendor begins when you receive an order confirmation from us to the email address you have associated with your Nomentu’s account. This means that the seller has confirmed to us that the product you order is in stock and in the conditions to be delivered to you.
  4. In this context, the seller is incorporated into the contract when in this terms and conditions you read the references to “we”, “us” and “our”, which refers to the relevant vendor from who you placed the order.
  5. As part of our intermediation agreement and to be compliant with UK legislation, we require sellers to ensure the Products they offer on our website comply with applicable UK laws and regulations and best possible quality standards.

By visiting our website and/ or purchasing something from our website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is serviced by Amazon Web Services (AWS). They provide us with the servers for our self-hosted online e-commerce platform that allows us to sell our products and services to you. 

  • SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, although this website is not intended for individuals under the age of 18.

For certain products we offer on our website (i.e. alcoholic bottled drinks, knives) customers must be 18 or over.  Customers must not buy alcohol on behalf of under 18’s. We apply “Challenge 25” policy to all alcohol orders. This means that if the person receiving an alcohol order appears under the age of 25, then our personnel, or third party, delivering the goods will ask for a proof of age to establish that the customer is at least 18 years old. The following is the list of valid proof-of-age ID documents:

  • A photo driving licence
  • A Passport 
  • A proof of age card, such as the PASS card from the national Proof of Age Standards Scheme

Failure to comply with this policy will means that the product will be returned, order will be cancelled and refund will not proceed. In addition, we must keep records available and may notify the relevant authorities. It is a criminal offence to use false or borrowed ID to buy alcohol, the maximum penalty is a £5,000 fine and up to 10 years in prison.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of our Services provided to you.

  • SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit or debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit or debit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  • SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  • SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change at any time without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  • SECTION 5 – PRODUCTS OR SERVICES (where applicable) AND DELIVERY

Certain products or services may be available exclusively online through the website. These products or services may be unique, exclusive and have limited quantities and are subject to return or exchange only according to our Return Policy. For more detail, please review our Returns and Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the online store. Due to the different digital methods of presentation, we cannot guarantee that your computer monitor’s display of any colour will be accurate and/or your perception could not be exactly the same as the physical product.  The aspect of physical products could vary from the pictures you see listed on our website. We are also committed to provide to you the best possible information available and to make sure the products’ images are as close as possible to the real thing, so you know at least the basic characteristics of the products. 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All prices of products and services listed and shown on our website include VAT (Value Added Tax) and applicable custom and excise duties according to UK HMRC regulation. At the same time the product’s prices shown do not include delivery charges. The relevant delivery methods and charges available will be displayed to you during the checkout process. Please be aware of the fact that if you place an order for products to be delivered outside of the UK, those products may be subject to custom duties or/and excise duties or/and other taxes upon arrival to the country of destination. You will be the only person responsible to pay those import duties and taxes not included in the delivery methods offered in our website. In these cases, and before placing any order, you may have to contact the country of destination’s customs office for additional information.

Once you have chosen and paid a delivery method, the products sold by us or the products sold by our sellers are delivered to you by a third-party logistic service. We and our sellers will do our best to ship your products according to the estimated time displayed on the chosen delivery option’s description. However, those dates and the ones included in the confirmation email are only estimates, we do not guarantee any delivery dates. Neither us not our sellers will be responsible when things out of our control occur.  Things out of our control could be failure of delivery by one of our third-party carrier services, natural disasters, terrorist attacks, third parties’ industrial actions, public or private transport and public or private services being interrupted including internet communications being interrupted. You may get in contact with us in case you don’t receive your products in within the window of time estimated by us or any of our sellers, so we can investigate if there is something wrong with your shipment that can be solved. Alternatively, you may cancel your order as described in our Returns and Refund Policy. 

  • SECTION 6 – ACCURACY OF BILLING, ACCOUNT INFORMATION AND PAYMENT

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit or debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

During the account registration process, you will have to provide essential information about yourself, whereby You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit or debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns and Refund Policy.

You are the only person responsible for your account, for all activities occurring with your account, for not disclosing to anyone your password and for keeping all your account log-in credentials confidential (including username and password). You will have to get in contact with us is you are aware of any suspicious or unauthorised activity related to your account.  We may, in certain cases and for security reasons, use suitable third-party databases to validate your personal information provided by you when placing an order and registering the account. This is only to confirm your identity and to make sure your account and credit or debit card are not being used without your consent. You can request to delete your account at any time, for any reason. For more detail about how we handle your personal information and your rights to request account deletion please refer to our Privacy and Cookies Policy. 

There are different payment methods available at checkout, so you can use the one that suits your debit or credit card provider. By confirming your debit or credit card details and submitting an order in the website you authorise Nomentu Ltd to charge in advance the relevant account for the payment of your order and any delivery selected during the checkout process. Where the order is placed to one or more of our vendors, we take payment of your order on their behalf. You are the only person responsible of any loss or inconvenience derived from your payment method being declined due to the lack of funds to cover all the costs of your order. We reserve the right to cancel your order in such cases.

 

  • SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, has any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  • SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  • SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  • SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy and Cookies Policy.

  • SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  • SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  • SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nomentu Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  • SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nomentu Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  • SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  • SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  • SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  • SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you products and services shall be governed by and construed in accordance with English law and international law (where and when applicable). The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this terms of services and website use agreement.

  • SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  • SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent by filling out this form included in the contact us footer section of this website. E-mails and attachments should always be checked with an up to date virus checker before the contents are opened, saved or read. Please be aware that exchange of information using internet is not entirely safe. No responsibility is accepted by Nomentu Ltd for any loss or damage arising in any way from the receipt by using our website, opening or use of this or any file sent by or appearing/claiming to be sent by Nomentu Ltd.