Last updated: 20 June 2026
Effective from: 20 June 2026
Version: 1.0
This policy explains how cancellation requests, refunds and other remedies are handled for orders placed through NibbleKit-powered services.
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 the order.
An order contract is the contract between the Customer and the Merchant for the food, drink or other products.
This policy applies to NibbleKit platform and demo services. A Merchant may provide additional lawful cancellation or refund terms before an order is submitted.
Nothing in this policy excludes, restricts or replaces a Customer's statutory rights.
Unless the checkout expressly states otherwise for a particular transaction, the Merchant identified at checkout and in the order confirmation is:
Before an order is submitted, the ordering service must identify the Merchant and make available its:
A Merchant brand name must not be used in a way that conceals or makes it materially difficult to identify the legal seller.
NibbleKit provides technology that may allow a Merchant to:
Unless DarkByte is expressly identified as the seller or payment recipient before purchase, providing those tools does not make DarkByte:
DarkByte remains responsible for:
Nothing in this policy excludes responsibility that DarkByte cannot lawfully exclude.
Submitting an order is normally an offer to purchase the selected products from the Merchant.
The order contract is formed at the acceptance point described in:
A payment authorisation or automated acknowledgement confirms that an order request or payment instruction has been received. It does not by itself constitute Merchant acceptance unless the checkout expressly states otherwise.
Before acceptance, the Merchant may decline the order without forming an order contract. Any payment authorisation or captured amount must then be released or refunded as applicable.
After acceptance, the Merchant may cancel only:
This policy provides a summary of standard platform handling. It does not provide an exhaustive statement of consumer law.
Depending on the circumstances, a Customer may have legal rights where products are:
A Merchant policy, short reporting window or statement that an item is "non-refundable" does not remove a statutory remedy.
A Customer is not required to accept account credit, a voucher, loyalty points or a replacement instead of a money refund where the law entitles the Customer to a money refund.
The ordinary 14-day distance-contract change-of-mind cancellation right generally does not apply to goods that are liable to deteriorate or expire rapidly.
This commonly includes:
The statutory exception arises from the nature of the goods. It does not arise only when preparation begins.
Other statutory exceptions may apply to:
Not every product sold by a Merchant is necessarily perishable or otherwise exempt.
Where an order includes non-perishable goods to which the ordinary cancellation right applies, the Merchant must provide the legally required cancellation information and honour that right.
An exception is assessed in relation to the relevant product or service. The fact that one item in a mixed order is perishable does not automatically remove cancellation rights applying to a separate non-perishable item.
A Merchant may offer an additional contractual or goodwill right to cancel an order before:
This additional facility is separate from any statutory cancellation right.
The applicable cancellation window must be displayed:
A Merchant must not retrospectively shorten the cancellation window for an accepted order.
Where a cancellation feature is available in the App or website, the Customer may use it. The Customer may also contact the Merchant through the order-support route unless the pre-contract terms identify another reasonable method.
A cancellation request is not completed until:
Where a Customer submits a cancellation request within the stated window but the platform fails to transmit or record it because of a NibbleKit fault, DarkByte and the Merchant will investigate the submission time and available records. The Customer must not be treated as having submitted late solely because of a verified platform failure.
Once the Merchant's additional cancellation window has ended, the Merchant may be unable to stop or reuse:
Where no statutory cancellation right applies, the Merchant may lawfully refuse a change-of-mind cancellation after the disclosed cut-off.
Where part of the order can still be stopped or reused, the Merchant should consider whether:
is reasonably available.
Any account credit, voucher or alternative remedy under this section is optional unless the Customer has a statutory entitlement to it.
A Merchant must not describe a statutory remedy as discretionary merely because the Merchant's change-of-mind window has closed.
Where the Customer withdraws an order before the Merchant accepts it:
An authorisation release is not the same as a refund.
Where a payment was only authorised and not captured, the pending amount may disappear after the Customer's bank or payment provider releases the authorisation.
The expected authorisation-release period is:
the timeframe shown by the payment provider, bank, wallet or card issuer for the relevant payment method
Neither DarkByte nor the Merchant should describe an uncaptured authorisation as a completed charge.
A Merchant may decline or cancel an order where reasonably and lawfully necessary, including where:
A pricing or configuration error does not automatically permit cancellation after the Merchant has accepted an order. The Merchant's rights depend on:
Where the Merchant cancels an accepted order and the Customer is not at fault, the Merchant must refund all sums paid for the cancelled order or cancelled part without undue delay.
For a complete cancellation, this will normally include:
A Merchant must not retain payment for an order that it will not supply merely because the inability to supply resulted from an event outside reasonable control.
A Merchant must not make a materially different substitution without informing the Customer and obtaining any confirmation reasonably required.
The Merchant must not substitute a product where the substitution:
Where the Customer accepts a more expensive substitution, the Merchant may charge the additional amount only with the Customer's express agreement.
Where the Customer accepts a lower-priced substitution, the price difference must be refunded or otherwise credited as the Customer expressly agrees.
Where the Customer does not accept a substitution:
A substitution must not be treated as accepted solely because the Customer did not respond to a message.
The Customer should contact the Merchant where an item is:
Depending on the circumstances and the Customer's legal rights, the Merchant may be required to provide:
The Merchant must not require a Customer to accept a replacement where the Customer is legally entitled to reject the affected goods.
The Merchant must not describe a legal remedy as a goodwill gesture.
Delivery and collection remedies are also governed by the NibbleKit Delivery and Collection Policy.
Where an essential delivery time was agreed or was clear from the circumstances before the contract was formed, failure to meet that time may entitle the Customer to end the affected contract and receive reimbursement.
Where the 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.
Where the Merchant:
the Merchant must provide the remedy required by law.
A Merchant must not retain the full payment merely because the products were prepared where the failure to deliver or make them available was caused by the Merchant or a delivery provider selected by the Merchant.
The Customer should report an order problem as soon as reasonably possible and preferably within 24 hours where:
The 24-hour period is an evidence-preservation request. It is not a contractual deadline and does not remove or reduce statutory rights.
Where safe and reasonably practical, the Customer should retain:
Photographs may assist an investigation but are not compulsory where they are:
The Customer must not be required to consume unsafe food or retain it beyond a safe period merely to preserve evidence.
Because many food products are perishable, unsafe to re-enter the supply chain or unsuitable for transport after delivery, the Merchant will not normally require them to be physically returned.
The Customer must not post or personally return food unless the Merchant gives clear and safe instructions.
Where the Merchant asks the Customer to retain or return an item, the Merchant must:
The absence of a physical return does not by itself remove a right to a refund.
The Merchant may ask the Customer to dispose of unsafe or perishable goods after sufficient information has been collected.
A full refund applies where the complete order contract is ended and the Customer is entitled to receive back all sums paid for it.
A partial refund may apply where:
The refund must reflect:
An order may form a commercial unit where the affected item cannot reasonably be separated without materially reducing the value or purpose of the remainder.
For example, the absence of a central item in a set meal or event order may justify a wider remedy than the isolated menu price alone.
The Merchant must assess the actual circumstances rather than applying an automatic item-only rule.
Where the complete accepted order is cancelled by the Merchant, not delivered or lawfully rejected in full, the Customer will normally receive a refund of:
Where part of an order is refunded but delivery was otherwise completed, the delivery charge is not automatically refundable in every case.
The Merchant must consider:
A compulsory item-specific fee must be refunded where the relevant item is cancelled or not supplied.
A general compulsory fee must be refunded in a fair proportion where the service to which it relates was only partly provided.
Where a statutory change-of-mind right applies to a non-perishable product, the Merchant will refund the applicable standard delivery amount required by law.
An additional amount paid because the Customer chose a more expensive delivery method than the least expensive standard method offered may be excluded to the extent permitted by law.
Before an order is submitted, the checkout must identify:
The current platform-fee model is:
Any fee refund depends on who charged the fee, whether the related service was supplied and what the law requires. Mandatory statutory refunds will not be reduced by unlawful refund fees.
A compulsory fee must not be retained merely because it has been labelled "platform", "service", "administration" or "processing".
A tip must be:
A tip must not be pre-selected unless applicable law expressly permits it.
Where the complete order is cancelled before fulfilment or is not supplied, a tip paid through the order will be refunded.
Where the order is partly refunded after fulfilment, the tip is not automatically refundable merely because one item was affected.
A tip may nevertheless be refunded where:
The checkout must identify who receives the tip and when it is transferred.
The current tip-handling model is:
The current core NibbleKit demo does not expose a separate tips feature. If tips are enabled for a Merchant, the checkout must identify the recipient and reversal process before the Customer pays.
Where the Customer paid using a gift card or voucher bought for money, the relevant refunded amount will normally be restored to that gift card or voucher.
Where restoration is technically impossible, the Merchant will provide an equivalent lawful method after appropriate account verification.
Account credit used as payment will normally be restored to the relevant account.
Where the Customer originally paid money and is legally entitled to a money refund, the Merchant must not replace that refund with account credit unless the Customer expressly agrees after the entitlement arises.
A promotional voucher or discount does not normally have a cash value unless its terms or applicable law provide otherwise.
Where an order is cancelled by the Merchant or fails because of a Merchant or NibbleKit error, the promotional benefit should be:
Where the original promotion expires before it can reasonably be reused, the replacement will remain valid for at least 30 calendar days after reissue.
A Merchant may decline to restore a promotion where:
Points used as payment will normally be restored in the proportion attributable to the refunded amount.
Points awarded for a refunded purchase may be reversed.
The Customer must not receive both:
unless the promotion expressly permits it.
Where a discount applied across more than one item, a partial refund will be calculated using a fair allocation of the discount rather than the item's undiscounted menu price.
Where the Customer used more than one payment method, the refunded amount will normally be returned in the corresponding proportions.
For example, a payment made partly by card and partly by account credit will normally be refunded:
Where a paid voucher or gift card was used, that portion will normally be restored before any excess is returned to another method.
Where the original payment method cannot accept a refund, the Merchant or payment operator will:
A refund must not be sent to an unrelated card, bank account or person merely because they request it.
A money refund will normally be made using the same means of payment used for the purchase unless:
The Merchant must not impose a refund fee where the Customer has a legal right to the refund.
DarkByte will not deduct an additional NibbleKit refund-processing fee from a statutory Customer refund.
Payment-provider or Merchant contract costs associated with processing the refund are matters between the relevant businesses and must not unlawfully reduce the Customer's refund.
The Merchant normally decides whether an order-contract refund is due and remains legally responsible for providing any refund owed to the Customer.
The technical refund process for the relevant payment integration is:
Stripe Connect direct charges on the Merchant connected account are used where the current PaymentIntent flow is enabled. Refunds may be technically submitted through Merchant/admin tooling, DarkByte platform support or Stripe/provider workflows depending on authority and configuration.
The payment recipient is:
the Merchant identified at checkout, unless the checkout expressly identifies another payment recipient
DarkByte:
DarkByte provides platform/payment tooling and may receive platform fees, but does not become the food seller merely because it supports payment processing.
The card or payment-statement descriptor is:
the descriptor is controlled by the relevant Merchant/Stripe account and payment-provider configuration and may vary by Merchant
Where a Merchant uses a NibbleKit refund control, DarkByte may transmit or execute the Merchant's instruction through the connected payment provider.
Technical initiation by DarkByte does not transfer the Merchant's seller responsibility unless DarkByte has expressly accepted that responsibility.
Where DarkByte must act before a refund can be technically submitted, DarkByte will provide reasonable assistance without undue delay.
Where a refund issue results from a DarkByte platform error, DarkByte will investigate and take appropriate action concerning its own error.
A refund may pass through several stages:
The Customer has asked for a refund. No decision has necessarily been made.
The Merchant or responsible party has accepted that a refund should be provided. The payment instruction may not yet have been submitted.
The refund instruction has been accepted by the relevant payment provider.
A "processed" status does not necessarily mean the funds have reached the Customer's account.
The provider could not complete the refund. Further action is required.
The refund has been credited through the Customer's bank or payment method.
Customer-facing messages must distinguish these stages and must not state that money has arrived merely because a refund has been approved or submitted.
The Merchant must assess a refund request promptly and must not delay a decision merely to discourage the Customer from pursuing a remedy.
Where a refund is owed, it must be initiated without undue delay.
Where applicable consumer law imposes a 14-day deadline, the Merchant must provide the refund within that deadline. This may include:
Where a Merchant cannot supply products after an accepted order is ended for non-delivery, all relevant payments must be reimbursed without undue delay.
Once a card or wallet refund has been submitted, the time taken to appear depends on the provider, card network, issuer and bank.
The current expected payment-provider display period is:
the timeframe shown by the payment provider, bank, wallet or card issuer for the relevant payment method
That provider timeframe does not extend a statutory deadline for initiating or providing a refund.
Where a refund has not appeared after the stated provider period, the Merchant or DarkByte support route will:
A Customer will not be told simply to contact their bank before the Merchant or platform operator has verified that the refund instruction was successfully submitted.
A refund to an expired or replaced card will often be routed by the card issuer to the replacement account, but this depends on the issuer.
Where the refund fails because the original payment method is closed or unavailable:
The Customer should not send bank details through an unapproved or insecure support channel.
Where a Customer believes they have been charged:
the Customer should contact the Merchant or NibbleKit support with:
The Customer must not send a full card number or card security code.
DarkByte and the Merchant will determine whether the issue is:
A confirmed duplicate captured payment must be reversed or refunded without undue delay.
A chargeback is a payment-card dispute process governed by the applicable card-scheme rules. It is separate from the Customer's legal rights against the Merchant.
Nothing in this policy prevents a Customer from:
Customers are encouraged to give the Merchant a reasonable opportunity to resolve an ordinary order problem where practical. Doing so is not a contractual condition of exercising a right against a bank, issuer or credit provider.
Where a chargeback or other payment dispute has already been opened:
The Customer is not entitled to recover more than the amount properly due.
Where the Customer receives both a Merchant refund and a chargeback for the same amount, the duplicate recovery may be corrected.
A knowingly false or abusive chargeback may breach the NibbleKit Acceptable Use Policy. A genuine dispute made in good faith is not prohibited merely because the Merchant contests it.
A Merchant or DarkByte may conduct proportionate checks where a refund request appears connected with:
Checks may include:
A fraud review must not be used to delay a valid refund indefinitely.
A genuine statutory claim must not be refused merely because the Customer has previously requested another refund.
Only information reasonably necessary for the review should be collected.
Where a refund or cancellation problem appears to result from:
DarkByte will investigate the platform component for which it is responsible.
Where the Merchant remains the seller, it remains responsible for resolving the Customer's order and providing a legal remedy. DarkByte will provide reasonable technical assistance.
Where DarkByte itself caused an unauthorised or duplicate payment, or expressly accepted responsibility for the relevant payment function, DarkByte will take the corrective action required by law.
A third-party provider outage does not automatically permit the Merchant or DarkByte to retain money that must be refunded.
For an order-specific cancellation, substitution, quality, delivery, collection or refund matter, contact the Merchant using the details shown:
Where the issue concerns NibbleKit platform functionality, contact DarkByte using the details in section 33.
Where a Merchant does not respond or the support route is unavailable, DarkByte may:
DarkByte's assistance does not make DarkByte the seller.
A complaint about the handling of personal data must be submitted through the Privacy Rights and Data Protection Complaints route.
We may update this policy to reflect changes in:
The current version will show its last-updated date and version number.
Changes apply prospectively. They do not retrospectively alter:
Previous material versions will be available at:
Previous material versions are available on reasonable request from support@nibblekit.com.
This policy should link to:
For an order-specific cancellation or refund, contact the Merchant identified at checkout and in the order confirmation.
For a NibbleKit platform or payment-tool issue, contact:
Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com Telephone: 07549 253991