Consumer Terms.

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply vouchers (Vouchers) to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Vouchers to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying Vouchers from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  1. Information about us and how to contact us
    • Who we are. We are NoshNow a company registered in England and Wales. Our company registration number is 12280575 and our registered office is c/o Parkins Accountants, Moor Park House, Bawtry Road, Rotherham, S66 2BL.
    • How to contact us. You can contact us by writing to us at info@noshnow.co.uk.
    • How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. General
    • Sales of Vouchers made via links from noshnow.co.uk or mobile applications are managed by NoshNow Limited who act as an agent on behalf of the Merchant in the sale and purchase of the goods and/or services of the Merchant.
    • The Merchant (“the Merchant”) is the seller of the goods and/or services and is solely responsible for Goods you purchase.
    • NoshNow Limited is not directly linked to the Merchant and does not accept any responsibility for goods and/or services offered by the Merchant.
    • NoshNow Limited acts as an agent on behalf of Merchants when selling Vouchers but the Merchant is the issuer of the Voucher. The Merchant shall be fully responsible for any loss, injuries, illness, damages, claims, liabilities and costs suffered by or in respect of you as a customer, caused in whole or in part by the Merchant or its products and for services and NoshNow Limited accepts no liability or responsibility for the same. By purchasing a Voucher, you acquire the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. It is a matter for you whether you choose to print and/or redeem the Voucher.
    • The commercial trade of vouchers is prohibited.
    • The reproduction of a voucher is prohibited.
  3. Terms and Conditions for all Vouchers
    • Vouchers are for one use only and subject to availability.
    • You must be at least 18 years old to purchase a voucher.
    • You should email the Merchant in advance of your intention to use or redeem your Voucher and quote the unique voucher number at the time of making the initial booking.
    • Your Voucher is not exchangeable and if you are a Consumer, is subject to you being able to cancel any unredeemed voucher within 14 days of purchase, but otherwise is non-refundable, and cannot be returned.
    • Vouchers are redeemable in their entirety only. You will not be entitled to credit, a cash refund, or a new voucher for goods and services the value of which are less than the price of the voucher.
    • The Voucher’s expiry date is shown on the front of the voucher. The Voucher is valid up to and including the expiry date.
    • To use the Voucher, the voucher holder should present a printed or electronic version of the PDF of the Voucher including the voucher’s unique serial number to the Merchant.
  4. Voucher Specific Terms
    • Each Voucher has specific terms relevant to that Voucher, which will be disclosed to you before you decide to purchase the particular Voucher. Specific terms supersede terms in this agreement, except to the extent such terms are prohibited by law.
    • Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher to receive the goods and/or services from the Merchant as stated on the voucher and during the period of time stated on the Voucher.
  5. Complaints Procedure
    • All complaints relating to the supply of the Goods referred to on the Voucher should be directed to the Merchant. Contact details can be found on the Voucher.
    • Any complaints or queries relating to voucher information displayed on the noshnow.co.uk website, the purchase process or delivery of vouchers, should be directed by email to info@noshnow.co.uk.
  6. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Nosh Now Limited expressly reserves the right to reject an order. Even if Nosh Now Limited has accepted your order, it may cancel the contract at any time if it reasonably believes that you have or may be committing fraud or otherwise acting illegally against Nosh Now Limited or the Merchant.
    • If we cannot accept your order. If we are unable to accept your order, we will not charge you for the Voucher. This might be because we have identified an error in the price or description of the Voucher.
  7. Our rights to make changes
    • Minor changes to the Vouchers. We may change the Voucher to reflect changes in relevant laws and regulatory requirements.
  8. Providing the Vouchers
    • Vouchers are issued by electronic transmission to the email address specified at the time of purchase.
    • It is your responsibility to provide correct email address. NoshNow Limited is not liable or responsible for any loss suffered as a result of a Voucher sent by email being blocked by filters or firewalls or where an incorrect email address has been entered by you.
    • Subject to clause 7.1, We will make the Voucher available for printing by you as soon as we accept your order and you have paid for the Voucher.
    • We are not responsible for delays outside our control. If our electronic transmission of the Voucher is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Vouchers you have paid for but not received.
    • When you own Vouchers. Subject to clause 7.1, you own a Voucher once we have received payment in full.
    • What will happen if you do not give required information to us. We need certain information from you so that we can supply the Voucher to you, for example, a correct email address for the electronic transmission of the Voucher. If you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the Vouchers late or not supplying any part of them if this is caused by you not giving us the correct and accurate information we need. You agree not to provide false names, email addresses, contact, or payment details or participate in any unlawful activity relating to purchase of a Voucher.
    • Reasons we may suspend the supply of Vouchers to you. We may have to suspend the provision of a Voucher to:
      • deal with technical problems or make minor technical changes;
      • update the Voucher to reflect changes in relevant laws and regulatory requirements.
    • Your rights if we suspend the supply of Vouchers. Our website will say if we will be suspending supply of the Voucher, unless the problem is urgent or an emergency.
  9. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 14 if you are a consumer and clause 15 if you are a business;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you are a consumer and have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 5.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Vouchers which have not been provided within 14 days. The reasons are:
      • we have told you about an upcoming change to the Voucher or these terms which you do not agree to;
      • we have told you about an error in the price or description of the Voucher you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Vouchers may be significantly delayed because of events outside our control;
      • we have suspended supply of the Vouchers for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 days; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply if the recipient of the Voucher redeems the Voucher with the Merchant within the 14 day cancellation period.
    • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for a Voucher is completed when the Voucher is paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Vouchers not provided within 14 days but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
  10. How to end the contract with us (including if you are a consumer who has changed their mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Email us at info@noshnow.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the on our website. https://www.noshnow.co.uk/contact-us/
    • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Vouchers, by the method you used for payment within 14 days. However, we may make deductions from the price, as described below. You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during those 30 days, the refund will be in full and final settlement of any and all claims you have or may have against Nosh Now Limited related to, or arising out of, or connected to, the Voucher.

When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the Voucher.

  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a Voucher at any time by writing to you if:
      • you do not make any payment to us when it is due;
      • you do not, provide us with information that is necessary for us to provide the Voucher.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Vouchers we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  2. If there is a problem with the Voucher

How to tell us about problems. If you have any questions or complaints about the Voucher, please contact us. You can write to us at info@noshnow.co.uk.

  1. Your rights in respect of defective Vouchers if you are a consumer
    • If you are a consumer we are under a legal duty to supply Vouchers that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Vouchers. Nothing in these terms will affect your legal right

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

a) You can ask us to repeat a service to provide the Voucher if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

  1. Your rights in respect of defective Vouchers if you are a business
    • If you are a business customer we warrant that on delivery Vouchers shall:
      • conform in all material respects with their description;
      • be fit for any purpose held out by us.
    • Subject to clause 3, if you give us notice in writing within a reasonable time of discovery that a Voucher does not comply with the warranty set out in clause 15.1; we shall, or refund the price of the defective Voucher in full.
    • We will not be liable for a Voucher’s failure to comply with the warranty in clause 1 if:
      • you make any use of such Voucher after giving a notice in accordance with clause 2;
      • the defect arises because you failed to follow our oral or written instructions as to the use of the Voucher.
    • Except as provided in this clause 15, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 1.
  2. Price and payment
    • Where to find the price for the Voucher. The price of the Voucher (which includes VAT) will be the price indicated on the order page of our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Voucher you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Voucher, we will adjust the rate of VAT that you pay, unless you have already paid for the Voucher in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Vouchers we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Voucher’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Voucher’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
    • When you must pay and how you must pay. We accept payment with all credit and debit cards with the exception of American Express. You must pay immediately for each Voucher.
    • Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  3. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. Subject to clause 3.4, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage, including indirect or consequential loss, that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, other than as set out in clause 17.2 where our liability is unlimited, under any other circumstances our maximum liability to you will not be more than 100% of the cost of the Voucher purchased by you.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 1; and for defective products under the Consumer Protection Act 1987
    • We are not liable for business losses. If you are a consumer or business we only supply the Vouchers to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will excluded in its entirety.
  4. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • defective products under the Consumer Protection Act 1987.
    • Except to the extent expressly stated in clause 18.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  5. How we may use your personal information
  6. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    • Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at CEDR.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
    • Risk of loss. Neither us nor the Merchant will be responsible for Vouchers which are lost, stolen, destroyed, or used without your permission. You become responsible for an assume all risk for the Voucher upon electronic transmission of the Voucher to you or the designated recipient.
    • NoshNow Limited or the Merchant reserves the right to cancel issued Vouchers and/or request alternative forms of payment if a fraudulently obtained Voucher is redeemed or used to make purchases.
  • Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To: Nosh Now Limited c/o Parkins Accountants, Moor Park House, Bawtry Road, Rotherham S66 2BL

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods /for the supply of the following service,

Ordered on/received on,

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

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