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Naturally delicious granola, sweetened with maple syrup and coconut sugar.

Terms & Conditions

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Terms & Conditions

TERMS OF USE

BACKGROUND: 

 

    These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.grainandbowl.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.  These Terms and Conditions do not apply to the sale of goods.  Please refer to our Sale of Goods Terms and Conditions for more information [below].

 

 

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

 

 

  1. Information About Us
    1. Our Site, www.grainandbowl.com, is owned and operated by Truly Wholesome Ltd , a limited company registered in England under 9643447, whose registered address is 20-22 Wenlock Road, London N1 7GU

 

  1. Access to Our Site
    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

 

  1. Intellectual Property Rights
    1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by us.
    3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print pages from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. 
    6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1. Links to Our Site
    1. You may link to Our Site provided that:
        1. You do so in a fair and legal manner;
        2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site provided you comply with the remainder of this Clause 7.
    3. You may not link to Our Site from any other site the main content of which contains material that:s
        1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        2. promotes violence;
        3. promotes or assists in any form of unlawful activity;
        4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
        5. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        6. is calculated or is otherwise likely to deceive another person;
        7. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
        9. implies any form of affiliation with Us where none exists;
        10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        11. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Disclaimers
    1. The Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Sale of Goods Terms and Conditions [below].

 

  1. Our Liability
    1. The provisions of this Clause 8 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Sale of Goods Terms and Conditions [below].
    2. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage Policy
    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12.  Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
        1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        2. promotes violence;
        3. promotes or assists in any form of unlawful activity;
        4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
        5. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        6. is calculated or is otherwise likely to deceive;
        7. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        8. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
        9. implies any form of affiliation with Us where none exists;
        10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        11. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
        2. remove any User Content submitted by you that violates this Acceptable Usage Policy; 
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions which We deem reasonably appropriate (and lawful).
    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies available from these policies are incorporated into these Terms and Conditions by this reference.

 

  1. Changes to these Terms and Conditions
    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Contacting Us

To contact Us, please email Us at contact@grainandbowl.com or using any of the methods provided on our contact page.

 

  1. Data Protection
    1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    2. We will not pass on your personal information to any third parties.

 

  1. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

TERMS OF SALE

BACKGROUND: 

 

    These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.grainandbowl.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms and Conditions when ordering Goods.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site.  These Terms and Conditions, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

 

 

  1. Information About Us
    1. Our Site, www.grainandbowl.com, is owned and operated by Truly Wholesome Ltd, a limited company registered in England under 9643447, whose registered address is 20-22 Wenlock Road, London, N1 7GU. 

 

  1. Access to and Use of Our Site
    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

 

 

  1. Goods, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
        1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
        2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary
    2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
    3. We neither represent nor warrant that Goods will be available.  Stock indications are not provided on Our Site.
    4. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
    5. All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, please note the following:
        1. We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 5 working days, We will treat your Order as cancelled and notify you of the same in writing.
    6. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    7. Delivery charges are not included in the price of Goods on Our Site.  For more information on delivery charges, please refer to SHIPPING AND RETURNS.  Delivery options and related charges will be presented to you as part of the order process.

 

  1. Orders – How Contracts Are Formed
    1. Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you a Dispatch Confirmation by email.  Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.

 

  1. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 10 working days.

 

  1. Payment
    1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. 
    2. We accept the following methods of payment on Our Site:
        1. Visa
        2. Mastercard
        3. American Express

 

  1. Our Liability to Consumers
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply Goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

  1. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Provide Our Goods and services to you;
        2. Process your Order (including payment) for the Goods; and
        3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.
    3. We will not pass on your personal information to any third parties.
  2. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    2. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 
    3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
    4. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
    5. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. 

 

  1. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.s