TERMS AND CONDITIONS

These T&Cs apply to the use of this website (www.lexistreats.com) and by accessing this website and/or placing an order, you (as website user and / or customer) agree to be bound by these terms & conditions. If you do not agree to be bound by these terms & conditions, you may not use or access this website.

Please read these terms and conditions carefully before using this website. We reserve the right to change these terms and conditions at any time without notice. Please ensure you have also read the Privacy Policy.

The materials contained in this website are protected by applicable copyright and trademark law. Any dispute or claim arising out of or in connection with our website, any content contained in it and any contract brought into being as a result of your usage of our website shall be governed by, and construed in accordance with, the laws of the United Kingdom.

This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the Website.

Any questions or complaints regarding our service or terms and conditions, please contact us at: sales@lexistreats.com

1. INFORMATION ABOUT US & OUR WEBSITE

The www.lexistreats.com website is owned and operated by Nom Bites Ltd, registered address H2 Fourth Avenue, Hornbeam Park, Harrogate, England, HG2 8QT, United Kingdom. Company registration number 12135818. If you have any queries about these Terms & Conditions or if you have any comments or complaints about our website, you can contact us at hello@lexistreats.com

All rights, including copyright are owned by and licensed to Nom Bites Limited.

2. YOUR STATUS

By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products (“Products”) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Nom Bites Ltd is entitled to withdraw from any Contract in the case of obvious errors or inaccuracies or for unavailability. Nom Bites Ltd reserves the right to place restrictions on the volume of Products ordered.

4. ORDERING ONLINE

Before you place an order, if you have any questions relating to these terms & conditions, please contact us at hello@lexistreats.com

Product Description

• Stated sizes and descriptions of the taste & texture are accurate within reason.
• Variations may occur due to the production process of the Product.
• Colours may vary from illustrations due to variations in computer monitors.
• We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.

Prices on website

• The prices payable for goods that you order are as set out in our website, which are subject to change from time to time.
• All prices are inclusive of VAT at the current standard rates (where they apply) and are correct at the time of entering information.
• 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 charges will be added to all orders at checkout
• Product and Shipping Charges are liable to change at any time, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.

Currency

• Prices and Delivery Charges are displayed and accepted in British Pounds Sterling (£ GBP) only.

Minimum Order

• The minimum order value is £1.00 excluding P&P
• Orders under this value will not be processed.

Payments

• Unless other terms are agreed by us in writing we must receive payment of the whole of the price for the goods that you order before your order can be accepted.
• Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
• Payment for our products is made through Shopify or Paypal, through their secure electronic payment system. You can pay by Visa, Mastercard, Maestro, PayPal, Google Pay and Apple Pay. 
• All payments are subject to validation by the card issuer.
• Nom Bites Ltd does not accept responsibility for the refusal of a card payment and will not be held liable for any delay or non-delivery that results from this.
• Nom Bites Ltd does not store any of your card details.

Order confirmation

• Once payment has been received by us, a confirmation email will be sent to you to the email address provided by you when placing the order.
• If you haven’t received a confirmation email (please also check your junk email just in case) then please contact us at sales@lexistreats.com

Availability of products

• All orders are subject to acceptance and availability. As there is a delay between the order being placed and when the order is accepted, the stock position relating to particular Product may change.
• If a Product you have ordered becomes out of stock before we accept the order, we shall notify you as soon as possible and you will not be charged for the out of stock Products.
• You will have the option to choose an alternative item if it is available or to cancel your order.
• Should you choose to cancel your order due to products ordered not being available, we will refund the sum deducted by us as soon as possible but in any event within 30 days of your order.

Cancellation

• Unfortunately we are unable to cancel orders once they have been placed. However, if you have made a mistake on your order, please contact us immediately and we will do our best to help. sales@lexistreats.com

Pricing errors

• It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
• We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.
• If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

5. DELIVERY & SHIPPING

We will deliver to the address you specify for delivery in your order. It is important that this address is accurate.  

Shipping to the UK

• We aim to deliver your order as soon as possible - we use a speedy delivery service! 
• Orders for delivery on the UK mainland (when all products are in stock) should typically arrive 2-5 business days later by carrier or Royal Mail. 
• Orders placed after 11pm on a Friday will only be processed the following Monday.
• We are unfortunately unable to offer specific time slot deliveries and are unable to offer delivery on a Saturday, Sunday or Bank Holiday / Public Holiday
• The standard delivery charge is £1.99 (inclusive of VAT), normally shipped in the UK using Royal Mail. 
• The delivery charge for single Taster Packs is £1.49 (inclusive of VAT), normally shipped in the UK using Royal Mail.
• Delivery costs vary depending on the value and weight of the package according to the Royal Mail guidelines
• There may be exceptional circumstances which cause a delay to your delivery. This may include things like a period of exceptionally hot weather which required us to delay despatch in order for products to arrive in good condition. We want you to be satisfied with your order!

Damage, delay, loss

• Nom Bites Ltd does not accept responsibility for damage to products in transit or products delayed in transit due to a third party
• Nom Bites Ltd cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions, as the products are your responsibility from the time of delivery
• By proceeding with an order, you are agreeing to these terms and are accepting this liability. 
• Should there be any problem with your order, we need to be informed within three working days after the nominated delivery day of any complaint, damage or mispicked item. We will endeavour to rectify the problem as best as we can.

We want to have happy, satisfied customers! If for any reason you do not feel totally satisfied with your products or the service you have received from us, please don't hesitate get touch for assistance! sales@lexistreats.com 

Delivery cancellation

We reserve the right to cancel your order if we do not deliver to your area.

If we do cancel your order we will notify you by email and refund the sum deducted by us as soon as possible but in any event within 30 days of your order.

Returns:

Faulty products: Under the Consumer Rights Act you have a right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund up to 30 days from receipt. If possible, please advise us of any problems within 3 working days of receipt so we can put things right as soon as we can. Subject to inspection and acceptance by us, we will refund or provide a replacement as applicable.

We're afraid we cannot refund the cost of postage incurred by returning the item(s) to us, nor refund the original cost of delivery, unless of course we agree that you have received damaged or faulty goods.

Non-faulty products: We’re unable to refund non-faulty products. If you are dissatisfied with the product we do not accept returns nor do we offer refunds. 

Shipping to other destinations (including Republic of Ireland)

We are unfortunately unable to deliver to the destinations outside the UK within the standard rate and therefore products cannot be purchased online. Please contact us at sales@lexistreats.com for more information and international delivery options.

For overseas orders the VAT will be shown on the invoice and then deducted from the final total.

When Products are delivered outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination.

You will be responsible for payment of any such import duties and taxes. Please note that Nom Bites Ltd have no control over these charges and cannot predict their amount.

Please contact your local customs office for further information before placing your order.

6. SAFETY OF PRODUCTS

Nom Bites Ltd makes every effort to ensure that its Products are safe. Should you experience any problems or have any questions (e.g. regarding allergens) please do not hesitate to email sales@lexistreats.com

7. THIRD PARTIES

Please note that, we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.

This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.

8. COPYRIGHT

Nom Bites Ltd retains copyright of all designs, photography, text and other content on this website All such rights are reserved. No responsibility can be taken for content on external websites which this site may link to or for any loss or damage that may arise from your use of them.

Any use of the site or its content, including copying or storing any part other than for your own personal, non-commercial use, is prohibited without the permission of Nom Bites Ltd. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Nom Bites Ltd’s status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

10. OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

11. OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1. All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.

2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the supply of goods from Nom Bites Ltd, the use our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

3. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

4. Nom Bites Ltd’s total liability to you in respect of all other losses arising under or in connection with any Contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Product ordered under that Contract.

DISCLAIMER

Nom Bites Ltd has taken every effort to ensure that the information on this web-site is correct, accurate and up to date. However, Nom Bites ltd takes no responsibility whatsoever for information that is incomplete, inaccurate or out of date. Neither shall we be held liable to any individual or business for any damage or loss which may occur from the use of any matter contained on this website.

All text and graphics on this web-site, unless specified, are directed solely at those who access the web-site from the UK mainland. We make no representation nor will we be held liable for any action placed upon the web-site, in any form, by anyone, from other locations.

Nom Bites Ltd assumes no responsibility whatsoever for any links to the Internet or third party web-sites from this web-site. Once you activate these links we will not be responsible or liable for the content of any other web-site on the Internet, which you may visit from this site.

Nom Bites Ltd also prohibits all persons from providing hypertext or other links to our web-site (other than our home page) from their web-site or from a third party's web-site without our prior written consent.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

13. NOTICES

All notices given by you to us must be given in writing to sales@lexistreats.com or to Nom Bites Ltd, H2 Fourth Avenue, Hornbeam Park, Harrogate, England, HG2 8QT, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the ‘Written Communications’ Clause above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

14. 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 events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the ‘NOTICE’ clause above.

16. SEVERABILITY

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

20. DATA PROTECTION

Please refer to our Privacy Policy for the general privacy terms of the www.lexistreats.com website.

Personal details you provide when placing an order will only be held by Nom Bites Ltd for the purpose of completing your order. Information will not be shared with any other party except for the purposes outlined in our Privacy Notice. You can unsubscribe to this service at any time by emailing hello@lexistreats.com with ‘unsubscribe’ in the subject line.

Financial data will be encrypted by up-to-date encryption technology that will be sent directly to the payment service provider where it will be processed securely. For your own protection you must not divulge credit card information via email.

21. DISPUTES

To resolve any disputes please contact us at hello@lexistreats.com placing ‘disputes’ in the subject line.

22. GOVERNING LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their 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.

23. THIRD PARTY RIGHTS

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

24. YOUR CONCERNS

At Lexi’s, we strive to offer an excellent level of customer service. We maintain a high level of care and attention as expected by law. Should you have any issues with our goods, services, prices or any other matter, please contact us by email hello@lexistreats.com or by post at Nom Bites Ltd, H2 Fourth Avenue, Hornbeam Park, Harrogate, England, HG2 8QT

25. DISCOUNTS & PROMOTIONS

• All offer codes are applied to the value of the order (excluding delivery fee) and are subject to our general Terms and Conditions.
• The offer code must be entered in to the Voucher Code field on the basket page and applied for the discount to be deducted from the order.
• Unless stated discounts cannot be combined and only one offer can be applied to any order.
• Unless stated, discounts are valid for a single transaction only.
• Sale items are also excluded from voucher offers.
• Offers can be amended or withdrawn at any time.