Acceptance of terms
1. About us
The Services are operated by NMG Limited ("we"). We are registered in England and Wales under company number 10081150.
2. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the website without notice. We will not be liable if for any reason any of the services are unavailable at any time or for any period.
If you choose a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
3. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
4. Description of nomoregrapes' service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and the Seller and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Sellers through the website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the website we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
5. Disclaimer of Warranties and limitation of liability
(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
6. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
7. Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s). You acknowledge that these Customer Terms, and/or any transaction made by you do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).
8. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
9. Delivery arrangements
Your shopping basket on the website displays the goods you have chosen, the Seller who shall provide them and details of postage and packing.
10. Import regulations and duty
The website does not enable delivery for goods outside of the UK.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the website (see below for a description of non-cancellable items), please contact the Seller directly. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.
You may link to our website on another website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate. We reserve the right to withdraw linking permission at any time.
The website provides links to other websites for your information. If you use these links, you leave the Website. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
13. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the website will be considered confidential and we will not use, copy, distribute and disclose any material to third parties for any purpose. We do have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
14. Viruses, hacking and other offences
You must not misuse our website or any part of the service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
18. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
19. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either No More Grapes or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of nomoregrapes when acting as commercial agent of any Seller.
20. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
General comments about the website are welcome, please contact us at firstname.lastname@example.org. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.
22. Other applicable terms and conditions
Additional terms and conditions may apply to certain products and services. These products and services, and the terms and conditions which apply to them, are set out below.
23. Gift vouchers: special terms and conditions
When purchasing a gift voucher on nomoregrapes, you agree to be bound by the Terms and Conditions for Shoppers above and also to be bound by the special conditions relating to gift vouchers below.
24. How to purchase and redeem gift vouchers
1. When purchasing a gift voucher from nomoregrapes the purchaser must choose a gift voucher type through an individual Seller.
2. An order with a gift voucher code will be send to the designated email account as soon as payment for the gift voucher has been cleared.
3. It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by a customer (such as a mis-typed email address).
10. Our standard terms and conditions shall apply regarding the purchase of goods made using a gift voucher.
11. By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
12. The terms and conditions on the website shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these gift voucher terms and conditions.
13. We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.
14. We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
15. A gift voucher may be cancelled and refunded to the purchaser, provided that the purchaser has not redeemed the gift voucher through the seller. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.
16. Gift vouchers must be redeemed within one year of the date of dispatch and will expire after such date.