Last updated: 20 June 2026
Effective from: 20 June 2026
Version: 1.0
This policy explains how delivery and collection information is presented through NibbleKit and how responsibilities are normally divided between:
NibbleKit is operated by Paul Hepple, a sole trader trading as DarkByte Creations. In this policy, DarkByte, NibbleKit, we, us and our refer to Paul Hepple trading as DarkByte Creations.
A Merchant is the food business or other seller identified in the ordering service, at checkout and in the order confirmation.
A Customer is the person placing or receiving the order.
This policy applies to NibbleKit platform and demo services. A Merchant may provide additional lawful delivery or collection terms before an order is placed.
Nothing in this policy excludes or limits a Customer's statutory rights.
NibbleKit provides technology that may enable Merchants to:
Unless expressly stated before purchase for a particular transaction, DarkByte does not:
Providing platform, status, mapping, messaging or payment tools does not by itself make DarkByte the seller, fulfilment provider or delivery provider.
DarkByte remains responsible for its own platform obligations and for any loss or failure for which it is legally responsible. Nothing in this policy excludes responsibility arising from DarkByte's own negligence, misleading statement or failure to use reasonable care and skill in providing a platform function that it has undertaken to provide.
The Merchant identified at checkout and in the order confirmation is normally:
Before an order is submitted, the ordering service must identify the Merchant and make available its:
A delivery provider appointed, offered or selected by the Merchant normally acts as part of the Merchant's fulfilment arrangements. The Merchant does not avoid its obligations to the Customer merely because it uses a third-party driver, courier or delivery company.
Submitting an order does not by itself guarantee that the Merchant has accepted it.
The order is accepted at the point described in the NibbleKit Terms and Conditions, the checkout information or the Merchant's lawful terms made available before submission.
A payment authorisation or automated receipt message does not by itself amount to Merchant acceptance unless the checkout expressly states that it does.
No delivery or collection obligation arises before the order is accepted.
Once the Merchant accepts the order, it must perform the delivery or collection obligations that form part of the contract, subject to applicable law.
Before the Customer submits an order, the checkout should clearly display, where applicable:
The total price and compulsory charges must be shown before the Customer becomes bound to pay.
Merchant-specific terms bind the Customer only where they were made available before the order was submitted and are fair and lawful.
A status message or notification sent after acceptance does not remove a contractual commitment or statutory right unless the Customer expressly agrees to a lawful change.
A Merchant may define:
Applicable information must be displayed before the Customer submits the order.
The Merchant must not add an undisclosed compulsory charge after order submission.
A Merchant may change future delivery settings, but a later change does not retrospectively alter an accepted order unless the Customer agrees.
Where a Merchant cannot fulfil an accepted order because a delivery setting was incorrect, the Merchant must contact the Customer and provide the remedy required by law. The Merchant must not treat its own configuration error as a Customer failure.
A time expressly described as an estimate is an approximate forecast rather than a guarantee of arrival at that exact minute.
An estimate does not permit unreasonable delay and does not remove:
Preparation estimates, dispatch messages, driver locations and route information may change because of operational conditions. They should not be presented as live or exact where the underlying information does not support that representation.
Where the checkout or Merchant expressly promises a fixed date, time or delivery window, that promise may form part of the order contract.
Delivery at a particular time or within a particular period may be essential where:
Examples may include food ordered for a specific event, meal, workplace break or other time-sensitive purpose, depending on what was communicated and agreed.
Where an essential delivery time applies and the Merchant fails to deliver as required, the Customer may be entitled to treat the affected contract as ended and obtain reimbursement without undue delay.
Where delivery at the original time was not essential, the Customer may be entitled to require delivery within an appropriate additional period. If the Merchant then fails to deliver within that period, the Customer may be entitled to end the affected contract and obtain reimbursement without undue delay.
The appropriate remedy depends on the contract, the circumstances and applicable law.
A Customer's decision to accept a late order does not automatically waive a right relating to the delay.
A Merchant must not label every delivery time as an estimate merely to avoid responsibility where a date or time is materially important to the transaction.
Where the Merchant chooses, offers or appoints the delivery provider, the Merchant remains responsible to the Customer for the fulfilment obligations that apply to the order.
For a consumer sales contract, products normally remain at the Merchant's risk until they come into the physical possession of:
Where the Customer independently commissions a carrier that the Merchant did not name or offer as an option, risk may pass when the Merchant hands the products to that carrier, subject to applicable law and the circumstances.
A driver's or app's decision to mark an order as delivered does not by itself prove:
Operational status records are evidence to be considered alongside the actual circumstances.
The Customer must take reasonable care to provide:
The Customer should:
These responsibilities do not excuse:
A Customer may identify a person to take physical possession of an order, such as:
The instruction should identify the person or reception point clearly enough for the delivery provider to follow it.
Where the identified person takes physical possession of the order, delivery and the transfer of risk will normally be assessed by reference to that handover.
A Merchant or delivery provider may refuse a nominated-person instruction where:
Leaving an order outside a nominated person's address is not the same as handing it to that person.
A Customer may be offered the option to request unattended delivery to a safe place.
A safe-place instruction must be:
Examples that may be unsuitable include:
The Merchant or delivery provider may refuse, modify or seek clarification of a safe-place instruction where following it would be unsafe, unlawful, unclear or unreasonable.
An unattended safe-place instruction does not automatically transfer legal risk in every circumstance. Whether the Merchant has fulfilled its obligation and whether risk has passed depend on:
Where the Customer expressly directs unattended placement and the Merchant correctly follows that instruction, this may be relevant to responsibility for loss or deterioration occurring afterwards. It does not waive a statutory right or excuse unsafe placement.
An order must not be left unattended where:
Where an order is left without the Customer's authorisation, at the wrong location or contrary to the instruction, the Merchant must not rely on this section to treat the matter automatically as successful delivery.
A Merchant or delivery provider may keep proportionate evidence of delivery, such as:
Delivery evidence must be collected and used lawfully.
A delivery photograph should:
A delivery record does not override evidence that the order was misdelivered, damaged or unsafe.
The applicable Privacy Policy explains the use and retention of delivery information.
Where collection is selected, the Merchant must provide:
The Customer must collect the order within the agreed window or notify the Merchant where delay is likely.
The Merchant may ask for reasonable evidence that the person collecting is authorised, such as:
The Merchant must not disclose unnecessary order, contact or allergy information to a person who cannot reasonably demonstrate authority to collect.
Risk normally remains with the Merchant until the Customer or a person identified by the Customer takes physical possession.
If an order is not collected, the Merchant may be unable to keep, remake or resell perishable or temperature-sensitive products. Any refusal or reduction of a refund must be assessed fairly, individually and in accordance with the Merchant's lawful pre-contract terms and the Customer's statutory rights.
A delivery attempt may fail where, for example:
Before treating delivery as failed, the Merchant or delivery provider should take steps reasonable in the circumstances, which may include:
No failed-delivery clause creates an automatic right to retain the full payment.
Where failure was caused by the Customer and the products were already prepared or dispatched, the Merchant may take account of reasonable and unavoidable loss that was:
The Merchant must consider whether:
Where the failure was caused by:
the Merchant remains responsible for providing the remedy required by law.
Where the Customer fails to collect within the agreed period, the Merchant may:
The Merchant is not required to store perishable food indefinitely or supply food that has become unsafe.
A refusal or reduction of a refund is not automatic and must reflect:
Where the Merchant is not ready during the agreed collection period, the Customer may be entitled to wait, agree a new time, cancel or obtain another remedy depending on the circumstances and applicable law.
The Merchant is responsible for using packaging, temperature controls and delivery arrangements suitable for the products.
The Merchant must provide any necessary information about:
The Customer should not consume food where:
After lawful handover in a safe condition, the Customer is responsible for following the Merchant's storage, reheating and consumption instructions.
This does not excuse food that:
The Customer should contact the Merchant where an order is:
The Customer should report the issue as soon as reasonably possible and preferably within 24 hours where the products are perishable or evidence may deteriorate.
The 24-hour period is an evidence-preservation request, not a contractual deadline. Failure to report within 24 hours does not automatically remove or reduce a statutory right.
Where safe and practical, the Customer should retain:
Photographs may help an investigation but are not mandatory where unavailable, unsafe or inappropriate.
Depending on the circumstances, the Merchant may be required to provide:
Account credit must not replace a money refund to which the Customer is entitled unless the Customer freely agrees.
Where only part of an order is missing, late or defective, the appropriate remedy may apply to the affected part.
Where products form a unit that cannot reasonably be divided without materially impairing its value or character, the Customer may have rights concerning the complete unit.
Delivery charges, compulsory service fees and other payments must be addressed consistently with the remedy and applicable law. A Merchant must not retain a charge for a service or product that was not supplied where the Customer is legally entitled to reimbursement.
NibbleKit may display or send status information such as:
Status information may originate from:
A status is not conclusive where it is demonstrably inaccurate.
Where a platform fault causes an incorrect address, instruction, status or notification to be transmitted or displayed, DarkByte will investigate the platform issue and cooperate with the Merchant.
The Merchant remains responsible for resolving the Customer's order unless DarkByte expressly accepts responsibility for a particular platform error or applicable law provides otherwise.
A Customer should not rely on a "delivered" status where the order has not arrived. The Customer should contact the Merchant promptly.
An event outside a party's reasonable control may delay or prevent that party from performing an obligation.
Examples may include:
DarkByte and the Merchant are assessed separately. An event affecting DarkByte's platform does not automatically excuse the Merchant's separate obligations, and an event affecting the Merchant does not automatically excuse DarkByte's own obligations.
The affected party must, where reasonably possible:
This section does not:
Where the Merchant cannot fulfil an accepted order, it must offer the cancellation and reimbursement required by law.
Where performance is delayed and delivery time was not essential, the parties may agree an appropriate revised time. The Customer retains any right to require performance within an appropriate additional period and to end the affected contract if that period is missed.
A supplier, staffing, network or payment-provider problem is not automatically outside reasonable control. The facts, reasonable contingency arrangements and contractual responsibilities must be considered.
Cancellations and refunds are governed by:
The ordinary 14-day change-of-mind cancellation right generally does not apply to goods liable to deteriorate or expire rapidly.
That exemption does not remove rights relating to:
Where an order is ended because the Merchant failed to deliver as required, all payments covered by the termination must be reimbursed without undue delay.
For an order-specific delivery or collection matter, contact the Merchant using the details shown:
Contact DarkByte where the issue concerns:
DarkByte may pass an order-specific matter to the Merchant where the Merchant is responsible for fulfilment.
We may update this policy to reflect changes in law, platform functions, delivery features or operational practice.
The current version will show its last-updated date and version number.
Changes apply prospectively. They do not retrospectively alter an order already accepted under an earlier version.
Previous material versions are available on reasonable request from support@nibblekit.com.
For order-specific delivery or collection assistance, contact the relevant Merchant first unless the ordering service directs you to another support route.
For questions about NibbleKit platform functions, contact:
Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com