Website usage Terms and Conditions

PART A: INFORMATION ABOUT ECOnourish

This Website is owned and operated by ECOinsect Limited a company registered in England and Wales under company registration number 10362247 whose registered office is at 128 Cherry Tree Road, Beaconsfield, Buckinghamshire, HP9 1BD. Our registered VAT number is 333 7582 90 The brand name that we trade under on this Website is ECOnourish.

We use the terms “ECOnourish“, “we” and “us” on this Website to refer to ECOinsect Limited.   We use the term “Terms and Conditions” to include the Website Terms, Terms and Conditions for Sales, Legal Terms and our Privacy Policy.

If you want to ask us anything (whether about our products and services, this Website, our Terms and Conditions or otherwise), or if you want to file a claim regarding an order or delivery, then please contact us at hello@econourish.co.uk.

PART B: WEBSITE TERMS

Applicability

The Terms and Conditions apply to your use of the ECOnourish Website at www.econourish.co.uk and to any order you place on the Website. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which ECOnourish makes available to you at home or on the move. You must read these Terms and Conditions carefully, and we recommend that you download or print and keep a copy for your future reference.  By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.

All of the Terms and Conditions govern your use of this Website.

Your use of this website

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.  You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.

Use of this website from outside the UK

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting ECOnourish’s products and services available in the UK. However, ECOnourish may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

Ownership of rights

All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to ECOnourish unless otherwise indicated.  Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.

By submitting information (other than your personal data which is subject to our Privacy Policy), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.  You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

Ownership of Submissions

Other than personal data (which is subject to our Privacy Policy) you hereby grant ECOnourish a non-exclusive licence to use in whatever form (copy and publish) the rights to all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to ECOnourish on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) once submitted. You must comply with the content standards set out in these Website Terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Social networking sites

These Website Terms govern any Submissions you make on any ECOnourish related third party website or page such as our Facebook, Twitter, Instagram, LinkedIn, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of ECOnourish or its employees and ECOnourish is not responsible for any such content. In any event, all material posted on any third party social networking sites must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.

Intellectual property rights

A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute a perpetual, irrevocable and non-exclusive licence to ECOnourish of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any ECOnourish related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on ECOnourish pages of third party social networking sites are not the responsibility of, or endorsed by ECOnourish. All rights, including copyright on ECOnourish Website pages are owned by or licensed to ECOnourish. Any use of any ECOnourish social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of ECOnourish. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks, intellectual property rights or any other rights of others.

Confidentiality

Any material you upload to our Website in a Submission will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any ECOnourish related third party social networking site 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 you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.

Rules for Submissions

You must be 18 years of age or older to post a Submission.  Submissions should not include:

• profanity, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
• comments about other reviewers or bloggers
• remarks that repeat criminal accusations, false, defamatory or misleading statements
• material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
• spam or advertising
• third party brand names or trade marks
• HTML code, computer script or website URLs
• availability, price or alternative ordering or delivery information
• information about ECOnourish suppliers or manufacturers

ECOnourish, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to products no longer sold.  Please let us know at hello@econourish.co.uk if you see any Submissions which do not comply with our rules.

Accuracy of content

To the extent permitted by applicable law, ECOnourish disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of ECOnourish.

Damage to your computer or other device

ECOnourish uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, ECOnourish shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, ECOnourish cannot accept any liability in respect of the use of these websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third party websites or for the content of any third party websites.

PART C: GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.ECOnourish.co.uk.   They apply regardless of how you access the Website, including via any technologies or devices by which ECOnourish makes available to you at home or on the move.  You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.  The seller on record for all contracts for the purchase and sale of ECOnourish products from the Website is ECOinsect Limited.  ECOinsect Limited will take your payment via its payment partners and approved carriers will deliver your orders.

Opening an account and placing an order

For single purchase orders, you can choose to open an account with us or check out as a guest.  You will still need to provide us with certain compulsory personal information for us to process your order.  For subscription orders, you will need to open an account with us to manage your subscription.  You confirm that all information and details provided by you to us (including on account registration) are true, accurate and up to date in all respects. If you have opened an account, you can update or correct your details at any time by going to your account.

When you create an account with us, we will provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. ECOnourish shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us at hello@econourish.co.uk. If ECOnourish is suspicious of any fraudulent activity coming from your account, it reserves the right to refuse you access to your account and can delete the account.

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), ECOnourish has the right to decline an order for any reason, including legal and regulatory reasons.  The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products if applicable under your statutory rights.

In relation to orders for live products, amendments and cancellations can be accepted until your order is prepared for dispatch.  Amendments can be made by emailing hello@econourish.co.uk.

If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing via email and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.  If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, ECOnourish have the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that ECOnourish shall not incur any liability in such circumstances.

Payment

During the checkout process, you will be asked to enter your payment details. By completing your payment details, you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Please note that we use an encrypted secure payment mechanism provided by a third party called Stripe to process your payment.  We do not store any payment information.  Accordingly, we will pass certain information to them so that they can process your order. Once this information has been passed to the relevant party, ECOnourish shall remain a data controller and that party shall also be a data controller in relation to that data. See the terms and conditions of Stripe including their Privacy Policies, for full details.

All card payments are subject to authorisation by your card issuer. We take full payment immediately for all orders. All products ordered will remain the property of ECOnourish until we have delivered to the address specified by you.

Delivery

Delivery charges are identified at checkout and vary depending on the type of products ordered, the service you select and the delivery address.

If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, for non-live products ECOnourish reserves the right to deduct the cost for returning products to ECOnourish.  For live products ECOnourish reserves the right to charge for the full value of the order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.  We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

International delivery

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. ECOnourish reserves the right to define what can and cannot be delivered to which destination.  Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.  ECOnourish products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.  Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.

Delays

Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Changes to your order

Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

Your right to cancel

If you are contracting with us as a consumer online or by phone, you have the right to cancel (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”)), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. This right to cancel does not apply to goods that are live, such as live Black Soldier Fly larvae.  Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note that the delivery charge refund will be to the value of standard delivery.

If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware that statutory rights of cancellation under the Regulations do not apply to certain products and services (for example, live products such as Black Soldier Fly larvae or personalised items).  You will only have the right to cancel your order prior to the time it is dispatched.  Once we have dispatched live Black Soldier Fly larvae to you per your order, you are not able to cancel it.

Exercising your right to cancel

For products that are not live, to exercise your right of cancellation, you must inform us at hello@econourish.co.uk of your decision to cancel the contract in writing within 14 calendar days after the day on which you receive the goods or services you ordered.  You must take reasonable care of the goods while in your possession. You shall send back any goods (excluding any live Black Soldier Fly larvae orders), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of from the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us.  Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.

You may return the goods (excluding any live Black Soldier Fly larvae orders) to:

128 Cherry Tree Road
Beaconsfield
Buckinghamshire
HP9 1BD

We will process your refund within 14 days of receipt of the products.  This is not intended to be a full statement of all of your rights under the Regulations. Full details of your rights under the Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

Please note that you only have the right to cancel your order for live Black Soldier Fly larvae prior to the time it is dispatched.  Once we have dispatched live Black Soldier Fly larvae to you per your order, you are not able to cancel it or return the order.

Products lost or damaged in transit

If you choose to return any products (excluding Black Solder Fly larvae) to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

Your other rights

In addition to your cancellation rights noted above, your other statutory rights include that the goods you purchase are of satisfactory quality, fit for purpose and as described. For further information about your statutory rights, in the UK please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

Product and service descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
• all prices are displayed in pounds Sterling inclusive of UK VAT where applicable (except for our International Deliveries) unless expressly indicated otherwise;
• packaging may vary from that shown on the Website;
• the weights, dimensions and capacities shown on the Website are approximate only;
• whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
• all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Legal compliance

You agree that you will not use, sell or supply any product(s) purchased from ECOnourish in an unlawful manner and will comply with all export controls and sanctions rules.

Liability

There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence or fraud.

You have certain rights as a consumer, including statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions of Sale will affect these statutory rights and we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.  In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Complaints

We value your feedback.  For any complaints, please email us at hello@econourish.co.uk.

PART D: LEGAL TERMS

Exclusions of liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.  These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other legal notices

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.

Assignment and third party rights

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.  You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.  We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.  Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Waiver

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Severability

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

Entire agreement

These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, jurisdiction and language

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Terms and Conditions

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.

PART E: PRIVACY POLICY

Our Privacy Policy explains what personal information we collect about you when you use the Website.