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Terms & Conditions

 

1. General

1.1. Welcome to the Agno Organic Food Ltd website (www.agno.co.uk - hereafter referred to as the “Website”). Agno Organic Food Ltd is registered in the England at White House, Wollaton Street, Nottingham NG1 5GF, United Kingdom and is the sole proprietor and administrator of the Website.

1.2. Access and utilisation of the Website, products and services offered via the Website (hereafter referred to as “Services”), are subject to the terms and conditions outlined herein (hereafter referred to as “Terms and Conditions”). By visiting/accessing the Website, making use of our Services and/or proceeding to monetary/commercial transactions via the Website you consent to the Terms and Conditions in their entirety, as well as to their occasional updates, which govern the relationship between yourself and Agno Organic Food Ltd. In case of disagreement or reservation on your part regarding part or all of the present Terms and Conditions, please contact our Customer Care Team through the Contact Us section of the Website or send us a written communication to our address, before utilising our Services or undertaking a transaction; otherwise the acceptance of all Terms and Conditions by you is unconditional.

1.3. Please consult regularly the Terms and Conditions section of the Website for any changes/updates; any changes/updates are not retroactively valid. Agno Organic Food Ltd reserves the right to amend, update or upgrade the Terms and Conditions at any time without prior notice to users/consumers/visitors/members/buyers (hereafter collectively referred to as "User(s)") of the Website, as well as: a) part or the whole of the Website content; b) part or the whole of the Website interface, underlying structure of the Website and its technical specifications. Agno Organic Food Ltd also reserves the right at all times, without justification and without prior notice to Users to cancel, suspend or terminate the Website operation.

1.4. The Website occasionally hosts links to other websites not operated by Agno Organic Food Ltd (hereafter referred to as “Link(s)”). Agno Organic Food Ltd has no control over the Links, does not guarantee the accuracy, legality, completeness or quality of their content and accepts no responsibility for any loss or damage that may be caused by their use. Use of Links is subject to the terms and conditions outlined by their proprietor/administrator.

2. Transactions and services

2.1. The Agno Organic Food Ltd electronic shop displays, promotes and resells products manufactured by third-party partners/suppliers. Agno Organic Food Ltd reserves the right to select freely the products displayed on the Website and to modify, update and/or withdraw those at any time and without prior notice. With regard to pricing policy, Agno Organic Food Ltd may select and implement freely any deals and discounts, and may modify, update and/or withdraw the aforementioned deals and discounts at any time and without prior notification and/or subject to any deadline.

2.2. Product-ingredient and general information in product labels, including production, use-by, sell-by, use-before, consume-before and, in general, expiry dates are the responsibility of the product manufacturers/suppliers as listed on said label; Agno Organic Food Ltd partakes in the distribution chain as an intermediate and/or retailer and is neither required by law to check the accuracy of label information/data nor accountable for it.

2.3. The Website features recipes and food-preparation recommendations to which all users have access exclusively for domestic use. The Website content and recipes are intended exclusively for adult consumers (above the age of eighteen - 18). Results after execution of said recipes depend on an indeterminate number of factors and cannot be guaranteed, even if instructions are strictly followed and conditions described are faithfully replicated. The consumer is solely responsible for result or any issues that may arise whilst executing recipes.

3. Privacy policy

Our “Privacy Policy”, which explains how we will use your information, can be found in the section entitled “Privacy Policy”. By using the Website, you agree to the content of said section and guarantee that all data provided by you is accurate, true and up to date.

4. Restrictions

4.1 You shall not misuse the Website; you shall not hinder or interfere in any way with the operation of the Website or replace or modify its content.

4.2. In addition, you shall not hack into any aspect of the Services, corrupt data, cause annoyance to other users, violate proprietary rights or post unsolicited advertising or promotional material.

4.3. You may access the Website under the terms outlined herein (Terms and Conditions).

5. Intellectual Property, Software and Content

5.1. The intellectual property rights of all software and content you access on or through the Website is the property of Agno Organic Food Ltd or its licensors and are protected by international copyright laws and treaties on intellectual property rights. All such rights are reserved by Agno Organic Food Ltd and its licensors.

5.2. Under no circumstances should the display and access of content within the Website be construed as a transfer and/or cession of authorisation and/or its right of use to anyone. You may store, print and view the available content solely for personal use. You may not publish, handle, distribute, copy (in whole or in part), transfer, alter, store, re-publish, modify or otherwise reproduce, in any format, any part of the content or copies of the content provided to you or featuring on the Website, nor may you use any such content in relation to any business or commercial activity without written permission by Agno Organic Food Ltd. Moreover, you are not granted any license or consent to use Agno Organic Food Ltd trademarks in any way.

5.3. Photographic representation of our products

We have made every possible effort to ensure a realistic and accurate photographic representation for the majority of products featured on the Website. Yet, due to technological limitations, these representations may vary from the actual condition, form and image of the products.

Please note that, although Agno Organic Food Ltd has tried to accurately display the colours of the products, the actual colours you see will depend on your monitor specifications and therefore may not be accurate.

5.4. We do not claim or guarantee the accuracy or reliability of any of the information or content pertaining to any goods or services, software or advertisements contained within, distributed through, received by or linked and accessed through the Website.

5.5. Website access licence

Users are hereby granted a limited license to access and make personal use of the Website, but not to download, store and/or modify its content. This licence does not allow for any resale or commercial use of the Website or its content, any collection and use of product listings, descriptions, or prices, any derivative use of this Website or its content, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. However, by visiting the Website, you have the exclusive right to download for free, in the provided PDF format, the recipes presented on the Website, for personal use only.

5.6. It is prohibited to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or any part of it for any commercial purpose.

6. Formation of contract between you and us

6.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your pending order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.2. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

6.3. We shall assign an order number to the order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.

6.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 7.3, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.5. We reserve the right to decline an order for any reason.

7. Terms of sale

7.1. By placing an order you agree to purchase Product(s) according to terms and conditions below.

7.2. Agno Organic Food Ltd forged partnerships with a diverse array of suppliers to bring you a wide variety of products at the best possible prices; orders can be shipped 24 hours a day, 7 days a week. For this reason and to keep you fully informed and protect you in the best possible way against unforeseen circumstances, orders are executed according to the process outlined in clause 6.

7.3. Upon completion of your order request, the total value of your order will be calculated, including all the details of your request. If you proceed to the stage of order completion, you will be connected to the third-party payment-service provider to complete the transaction; upon successful completion, you will receive an automated e-mail confirmation of payment.

7.4. Subsequently, you will receive an e-mail (Dispatch Confirmation) when the products are ready for shipment to the indicated shipping address. Delivery is subject to Terms within clause 8. If, for any reason, one/some of the products you ordered is unavailable after placement of your order, or if there is a problem regarding the products included in your order, Agno Organic Food Ltd will make every possible effort to contact you either by e-mail or telephone. If we do not hear back from the client after 7 calendar days, the order will then be executed, including solely available goods. In any case, you will be notified of any modification of your order again by e-mail.

7.5. Please note that delivery times are subject to delays caused by our logistics partners or force majeure for which we cannot be held responsible. Within the UK and the European Union, deliveries usually take 1-3 working days after shipping confirmation.

7.6. In order to implement a transaction at Agno Organic Food Ltd you must be over 18 years of age. Visitors under the age of 18 should not exchange data and any information with us. When placing an order, you agree that all details you provide us with are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of goods.

8. Our right to vary these terms

8.1. We may revise these Terms from time to time.

8.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us

8.3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page

9. Your consumer right of return and refund

9.1. IF GOODS ARE NOT FIT FOR CONSUMPTION UPON RECEIPT OF DELIVERY PLEASE CONTACT US IMMEDIATELY. YOU MUST NOT CONSUME A PRODUCT THAT YOU BELIEVE IS NOT FIT FOR CONSUMPTION.

9.2. IF YOU HAVE ANY DOUBTS, DO NOT ATTEMPT TO CONSUME THE PRODUCT AND CONTACT US IMMEDIATELY. WE WILL ENDEAVOUR TO REPLY QUICKLY BUT IF THE REPLY IS DELAYED – DO NOT CONSUME THE PRODUCT.

9.3. The majority of Products on the Website are non-perishable goods; consequently, your legal right to cancel the Contract still applies.

9.4. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.5. If you have returned a Product to us because it is faulty or mis-described, we will refund the price of such defective Product in full, together with any applicable delivery charges or reasonable costs you incur in returning the Product to us.

9.6. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;

9.7. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

9.8. Where applicable, refunds will be made to you using the same method and to the same account as used by you to pay for your order.

7. Pricing

7.1. Website users consent to the Agno Organic Food Ltd maintaining the general right to modify freely its pricing policy, modify and/or withdraw offers at any time, with or without prior notice to users. Whilst we try to ensure that all details, descriptions and prices displayed on the Website are accurate, errors may occur.

7.2. All prices are in GBP and inclusive of 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 Products in full before the change in VAT takes effect. Shipping costs will be added to the sub-total value of goods within your order.

7.3. Services may contain typographical errors or other errors or inaccuracies and may not be complete. We therefore reserve the right to make corrections to any errors, inaccuracies or omissions and to change or update information on the Website at any time without prior notice. We also reserve the right to refuse to process any orders that you have placed based on information contained in the Services that may contain errors or inaccuracies, including, inter alia, errors, inaccuracies or out-of-date information about pricing, shipping, payment terms, or return policies.

7.4. Please note that products are standardized and packaged by our partners/suppliers and, therefore, standard deviations may be noted relative to quantity values quoted on labels.

8. Delivery/shipment of products

8.1. Our target delivery times for UK and EEA destinations are 1-2 working days. Circumstances beyond our control may cause delays, for which we cannot be held accountable. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, you will be informed by ourselves or our authorised logistics partner. All delivery dates are estimates and are not guaranteed.

8.2. Shipping cost for orders within the UK and EEA will be calculated automatically in the shopping basket page and will be included in your order request before completion/payment. Postage and Packing Costs:

UK & EEA: £7.95 for orders below £19.99; £4.95 for orders between £20 – 39.99; FREE for orders above £40.00.

8.3. For deliveries outside the EEA, please submit an enquiry to our Customer Care Team via the Contact Us section.

8.4. Please note that all aforementioned prices are subject to change at any time.

8.5. Delivery will be completed when we, or our authorised logistics partner, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised logistics partner, will leave the Products in an area that the authorised logistics partner considers safe. We will also endeavour to follow any delivery instructions you provide but this cannot be guaranteed. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges. Delivery of the Products shall be made to the client’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery. It is the client’s responsibility to check ALL order confirmations prior to the order being dispatched. If the customer refuses a delivery for whatever reason, the parcel will be or automatically returned to the sender. The client gives permission for the authorised logistics partner to leave the parcel in a safe location. This is however dependent upon the discretion of individual drivers and cannot be guaranteed.

9. Our right to cancel the contract

If we have to cancel an order for Products before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.

9. Disclaimer of liability

14.1. The content of the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, Agno Organic Food Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity law, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or in connection to the use, inability to use, performance or failures of the Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. In addition, Agno Organic Food Ltd cannot be held liable for any delay in the refund of part or the total of the amount you are entitled to due to the partner payment service providers if the relevant order has been issued by Agno Organic Food Ltd in due time.

10. Indemnity

You agree to indemnify, defend and hold harmless Agno Organic Food Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of Terms and Conditions.

11. Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms and Conditions will not be affected; all other clauses shall remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be taken into account separately to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted so as to closely resemble the original meaning of the clause /sub-clause as is permitted by law.

12. Liability

12.1. Except as may be implied by law, in the event of any breach of these Terms and Conditions by us, our liability is limited to the value of Products and/or Services we supplied. Under no circumstances shall we be liable for any indirect, incidental or consequential loss or damage whatsoever.

12.2. We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree NOT to consume the Products if for any reason you believe they are not fit for consumption.

We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.

13.2. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (defined below).

An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14. Communication between us

When we refer, in these Terms and Conditions, to “in writing”, this will include e-mail.

14.1. To cancel a Contract in accordance with clause 8, please contact our Customer Care Team via telephone or e-mail. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we received your e-mail or letter. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us and talk to us.
14.2. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by post to Agno Organic Food Ltd, White House, Wollaton Street, Nottingham NG1 5GF, United Kingdom. You can always contact us using our Customer Care telephone line.

If we have to contact you or give you notice in writing, we will do so by e-mail, phone or by post to the address you provide to us in your order.

15. Other important terms

15.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.3. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.4. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.5. These Terms and Conditions are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


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