Terms & Conditions

Terms and Conditions of Supply

Akela Pet Foods Ltd is a limited company registered in the Isle of Man, British Isles. Registered number: 016932V
Registered office & HQ: Akela Pet Foods Ltd, Unit 6 Cooil Smithy, Isle of Man Business Park, Douglas, Isle of Man, IM2 2QA, British Isles.

UK VAT: GB005306720  

Email: mail@nutriwolds.co.uk

  1. These Terms
    • These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
    • Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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 products 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 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. Our Contract with you
    • You can place your order with us by telephone or by using our website. For orders placed via our website please select your product and add it to your shopping basket, you can remove a product from your basket at any time prior to payment.
    • 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. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • On receiving your order, we will pass it to our despatch team who will pick and pack your order. When your order is despatched, we will send an email to confirm this and when delivery can be expected.
    • If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  1. The Products
    • The images of the products on our website are for illustrative purposes only. Please note our products may vary from those shown mainly due to the natural origin of our products and may vary in colour.  Our products will not include any of the pictured accessories unless stated.
    • The packaging of the product may vary from that shown in images on our website.
    • If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    • We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
  1. Price and Payment
    • The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 4 for what happens if we discover an error in the price of the product you order.
    • You are required to pay for your goods in full at the time of placing your order.
    • We use Shopify/PayPal for online purchases. We accept payment by Mastercard, Visa and most other debit/credit cards.
    • All quoted prices on our website are in UK pounds and include VAT at the current rate.
    • Promotional prices are subject to availability.
  1. Delivery
    • When you enter your postcode at the checkout, delivery charges will be added to your basket depending on the weight of your order.
    • Orders placed Monday – Thursday before 2pm will be dispatched for delivery the next working day where possible and where stock allows.
    • We will endeavour to despatch your order from our warehouse within 1-2 working days. Our estimated dispatch dates are estimates and can change without notice.  Our delivery estimates do not take Saturday, Sunday or Bank Holidays (non-working days) into account.  Should you require delivery on these days please telephone and we will be happy to quote a delivery charge.
    • We deliver anywhere in mainland Great Britain and the Republic of Ireland.
    • Please note your order may arrive in more than one delivery.
    • If our supply of the products 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 products you have paid for but not received.
    • Your order will be delivered to the address you specify on your order normally between the hours of 08.00 – 18.00 Monday – Friday. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    • If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
    • Please note that in warmer months or areas where the frozen goods maybe in transit longer the contents may thaw a little. This should not affect the quality in anyway and the products can be frozen again. 
    • A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
    • Time is not the essence of the contract unless expressly stated otherwise in writing by a director of the company.
  1. Click and Collect
    • If you have asked to collect the products from our premises, you can collect them from us at any time during the period 2pm and 5pm on weekdays (excluding public holidays) [and Saturdays].
    • Please order before 12 noon the day before you would like to collect your order to enable us to pick and prepare your order for next day collection. Orders are usually available from 11am the following day, however, please wait for your email and/or text stating your order is ready before attempting collection.
    • Once your order is ready for collection, we will hold it for 5 working days. If you do not collect the products from us as arranged we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 2 will apply.
  1. Cancellation and Returns
    • 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.
    • 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 clause 2.1 to 6.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [PERIOD]; 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.
    • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
      • products liable to deteriorate or expire rapidly i.e. products with short expiry time limits, including those to be kept refrigerated;
      • digital products after you have started to download or stream these;
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      • any products which become mixed inseparably with other items after their delivery.
    • 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 3), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and 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 products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  1. How to end the contract with us (including if you are a consumer who has changed their mind)
    • To end the contract with us, please let us know by doing one of the following:
      • Call customer services on 01904 405893 or email us at paws@nutriwolds.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Complete the https://www.nutriwolds.co.uk/contactus on our website.
      • Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    • If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Akela c/o Suffolk Group Ltd, Sam’s Cold Store, Hadenham Rd, South Lowestoft Ind Est, Lowestoft, Suffolk, NR33 7NF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01904 405893 or email us at paws@nutriwolds.co.uk for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    • We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
    • If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see [LINK TO CHARGES]].
    • If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    • 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 (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    • We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
      • If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.
      • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  1. When we may end the Contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    • If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products 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.
    • We may write to you to let you know that we are going to stop providing the product. We will let you know at least [PERIOD] in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  1. Faulty Goods – If you are a consumer
    • If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

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.

 

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

 

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

See also clause 6.3.

 

 

  • If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on [NUMBER] or email us at [ADDRESS] for a return label or to arrange collection.

 

  1. Faulty Goods – if you are a business
    • If you are a business customer we warrant that on delivery, any products which are goods shall:
      • conform in all material respects with their description and any relevant specification; and
      • be free from material defects in design, material and workmanship.
    • Subject to clause 3, if:
      • you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
      • we are given a reasonable opportunity of examining such product; and
      • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

  • We will not be liable for a product's failure to comply with the warranty in clause 1 if:
    • you make any further use of such product after giving a notice in accordance with clause 2.1;
    • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
    • the defect arises as a result of us following any drawing, design or specification supplied by the you;
    • you alter or repair the product without our written consent; or
    • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
  • Except as provided in this clause 10, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.
  • These terms shall apply to any repaired or replacement products supplied by us under clause 2.

 

  1. Liability – if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. 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 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, for example, if you discussed it with us during the sales process.
    • 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.
    • We are not liable for business losses. If you are a consumer we only supply the products for 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 be limited as set out in clause 12.

 

  1. Liability – 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;
      • defective products under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 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.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

 

  1. 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. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment 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.
    • 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.

 

 

 

NutriWolds Model Cancellation Form for consumer customers

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

 

NutriWolds Raw Ltd
Unit 1 Pocklington Airfield Industrial Estate
Wellington Road
Barmby Moor
Pocklington
YO42 1AP

Vat Number: 427 7808 65

Email: mail@nutriwolds.co.uk
Tel: 01904 405893

 

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

 

[*] Delete as appropriate