Please review my Terms & Conditions page.
Kindly read before making a purchase.
Regards; Charlie..
As at: 02-01-2019
This web site has been compiled with the greatest possible care. In spite of this CHARLIE NUT cannot guarantee that the information contained therein is free from errors and accurate. CHARLIE NUT shall accept no liability for damage arising directly or indirectly from using this web site whether caused by malice aforethought or gross negligence on the part of CHARLIE NUT or others.
Copyright 2019 CHARLIENUT. All rights reserved.
Right to technical amendments, printing errors, omissions and general errors reserved. All dimensions and illustrations are non-binding.
General terms of business
These General Terms of Business apply in their current version to all business relationships between CHARLIENUT, hereinafter called “CHARLIE NUT”, and their customers.
1. Area of validity
1.1 The
conditions below apply to the supply of goods and other services by CHARLIE NUT.
1.2 These terms of business apply exclusively; any customer conditions that
conflict with or differ from these terms of business will not be recognised
unless CHARLIE NUT has specifically agreed to this in writing.
2. The start of the contract
2.1 The
range shown on CHARLIE NUT’s server not represent a legally binding offer but a
non-binding online catalogue or printed catalogue.
2.2 The customer will order the goods or services required by filling in the
online order form. The contract will come into force when CHARLIE NUT and the
third-party supplier accept this offer. It is not necessary to send the
customer an order confirmation.
2.3 The Internet customer will confirm that they accept the general terms of
business when they place the order. The general terms of business will be
acknowledged by the customer whether they fill in an order form or not.
3. Due date, payment and delay
3.1 The
purchase price is due immediately. Payment of the purchase price may be made by
a credit/debit card accepted by CHARLIE NUT at the time of the contract being
concluded, PayPal or in cash.
3.2 All prices are in Sterling, include VAT at the statutory rate and are
subject to alteration.
3.3 The following applies to deliveries in the UK:
3.3.1 Despatch: Normally despatched by post or courier at our discretion and
choice
3.3.2 Payment for despatches within UK
Credit/Debit card: We need your credit card number, security code and expiry date. The fee includes postage, packing and processing. It is also possible to order in writing, telephone, or e-mail.
3.4 If the customer does not pay on time, CHARLIE NUT is entitled to demand delay interest of 5% above the current base rate. CHARLIE NUT’s right to claim higher damages remains unaffected by this as does the customer’s right to claim lower damages.
4. Cancellation
4.1 The
customer is entitled to cancel his declaration of intent to conclude the
contract within 30 days of receiving the goods by returning the goods to CHARLIE
NUT in full and unused in the original packaging. Dispatching the goods in good
time will be sufficient proof that the deadline has been observed.
4.2 In the case of cancellation CHARLIE NUT will refund any money already paid
to the customer. Legal provisions apply to any benefits or profit drawn up to
cancellation.
5. Reservation of proprietary rights
5.1 Goods
supplied by CHARLIE NUT remain CHARLIE NUT’s property until all contractual
requirements have been fulfilled as well as any other claims that CHARLIE NUT
subsequently makes against the customer in direct connection with the goods
supplied for whatever legal reason. This also applies when payments are made
for specific requirements
5.2 Before transfer of ownership the customer will only be entitled to these
goods with the prior written approval of CHARLIE NUT. If a third party seizes
the goods, particularly if the goods are impounded, the customer must inform CHARLIE
NUT immediately in writing and also point out to the third party immediately
that CHARLIE NUT has proprietary rights.
6. Guarantee, examination and complaint obligations
6.1 CHARLIE
NUT guarantees that the goods do not have any defects that would reduce or
nullify their value or their suitability for normal usage or the use to which
they are to be put in accordance with the contract. If the reduction in value
or suitability is only minor this can be discounted.
6.2 The guarantee period is 12 months and begins when the goods are handed over
to the customer. Defects in the goods will be corrected by CHARLIE NUT after
being informed of this by the customer within this guarantee period. CHARLIE
NUT will decide whether to replace or repair the goods.
6.3 The customer must examine the goods immediately on receipt and, if a fault
is detected, must inform CHARLIE NUT of this, describing the fault in writing
within 7 days. The same applies to faults that are discovered later. If the
customer is not a businessman, he is only required to complain about obvious
defects. If CHARLIE NUT hears nothing to the contrary within the specified time
the goods are considered approved.
The following procedure must be carried out for goods damaged in transit:
If a package arrives clearly damaged, it must be opened in the presence of the
postman/delivery driver. The postman/delivery driver will issue a damage
confirmation certificate. With damage in transit that is not obvious, i.e.
damage that the customer is not aware of until after he has opened it, the
customer must take the package to the post office and obtain a damage certificate.
It is not possible to accept a claim for damage without this document.
6.4 Returns without postage paid cannot be accepted.
6.5 If an attempt at repair is not successful within a reasonable time and it
also fails within a further reasonable period of time set by the customer, the
customer can claim a reduction in the price or cancel the contract.
6.6 CHARLIE NUT is not liable for consequential damage and moreover, only under
the conditions in paragraph 7. Liability for assured characteristics and for
deceit remains unaffected by the rulings in paragraph 6. Further guarantee
claims cannot be made.
6.7 If the complaint is unfounded CHARLIE NUT reserves the right to claim
reimbursement of the costs incurred from the customer.
7. Liability
7.1 CHARLIE
NUT has unlimited liability for damage caused by the failure of characteristics
that CHARLIE NUT has assured and for damage caused by malice aforethought or
gross negligence on the part of its legal representatives or employees.
7.2 Liability for damage caused through minor negligence of a single CHARLIE
NUT employee is not included here if no cardinal obligation has been infringed
in accordance with paragraph 7.3.
7.3 Liability for other damage that arises for the customer through CHARLIE NUT’s
delay, through an impossibility caused by CHARLIE NUT or through the
infringement of an obligation that must be observed in order to fulfil the
contract (cardinal obligation), such damage will be limited to damage that is
typical and could be foreseen because of the way the goods are used under the
terms of the contract.
7.4 In the case of paragraph 7.3 liability is also limited to an amount equal
to double the purchase price paid for the order in question.
7.5 There is no further liability, particularly for damage that has not occurred
to the goods themselves, for lost profits or damage to other customer assets.
7.6 The above rulings also apply to CHARLIE NUT’s staff and agents.
8. Data protection
8.1 If it has not been agreed to the contrary, CHARLIE NUT will only use the personal data in this contract in order to perform the contract. The customer’s permission is required to use this information for market and opinion research and for advertising.
9. Final conditions
9.1 Changes and amendments to this contract must be in writing to be effective. There are no oral secondary agreements.
9.2 If it has not been agreed to the contrary, the customer may not transfer rights and obligations from this contract to a third party without CHARLIE NUT’s prior written agreement. CHARLIE NUT will only deny this agreement with good grounds.
9.3 If a provision of this contract is or becomes invalid, the other provisions remain valid. The contractual partners will agree to replace the invalid provision with a valid one that best corresponds to the economic aims of the contractual parties. The same applies if there is a loophole in the contract.
9.4 This contract is subject exclusively to the material law of the United Kingdom with the exception of the UN convention on the purchase of movable items.
9.5 Place of fulfilment is the CHARLIE NUT head office in Poole. If the customer is a businessman or if his business headquarters is not in the UK, the parties agree that any disputes arising from the implementation of this contract will be dealt with by the Poole district court.
If you have questions, you can contact us at:
charlie[at]charlienut[dot]co.uk