ORDERS SUBMITTED ON WWW.BEVITAMINS.COM (“THE WEB SITE”) ARE SUBJECT TO THE TERMS AND CONDITIONS (“THE CONDITIONS”) SET OUT BELOW.
BY SUBMITTING AN ORDER ON THE WEB SITE YOU (“THE BUYER”) AGREE AND ACCEPT TO BE BOUND BY THESE CONDITIONS.
“GOODS” MEANS THE GOODS WHICH WWW.BEVITAMINS.COM (“THE SUPPLIER”) IS TO SUPPLY UNDER THE CONTRACT.
“CONSUMER” MEANS ANY INDIVIDUAL NEITHER MAKING THE CONTRACT IN THE COURSE OF A BUSINESS NOR HOLDING THEMSELVES OUT AS DOING SO
REFERENCE IN THE CONDITIONS TO WRITING SHALL INCLUDE FACSIMILE AND E-MAIL
ANY REFERENCE TO WORKING DAYS SHALL MEAN THE HOURS BETWEEN 0900 HOURS AND 1700 HOURS ON ANY DAY OF THE WEEK EXCLUDING SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS.
1.1 The Buyer shall place an order for Goods by submitting a completed order form on the Web Site. The Supplier shall confirm acceptance of the Buyer’s order in writing and will supply the Goods to the Buyer in accordance with the Buyer’s order.
1.2 The Company intends to rely upon the written terms set out here. If you require any changes, please make sure you ask for these to be put in writing before you place your order.
1.3 Any alteration to these conditions must be agreed in Writing between the Buyer and the Supplier.
2. ORDERS AND QUOTES
2.1 If a significant change in specification will prevent us from supplying the Goods as ordered we will offer you an alternative on the understanding that you have the option of accepting it or cancelling this agreement without penalty.
2.2 The Supplier reserves the right to change the specification of the Goods to be supplied to you if it is necessary to conform with any safety requirements or other changes in legislation so long as the changes do not materially affect the performance of the product.
3.1 Buyers acting as consumers have the right to cancel the Contract within 8 Working days of receiving the Goods by giving written notice of cancellation to the Seller. We advise Buyers to retain evidence of giving us the cancellation notice.
3.2 Where the buyer cancels in accordance with clause 3.1, The Buyer shall pay the costs of returning the Goods to the Supplier. The Buyer must take reasonable care to ensure that the Seller receives the goods and that the goods are not damaged in transit.
3.3 The Supplier shall refund the Buyer for the price of the Goods within 30 days of receiving the Buyer’s notice of cancellation.
3.4 The Buyer shall be under a duty to take reasonable care of the goods until they are returned to the Seller. Where a Buyer fails to return the goods in a reasonable time, the seller reserves the right to charge the Buyer for the direct cost of recovery.
3.5 Where a gift is supplied with goods ordered, this gift must also be returned on cancellation.
4.1 The price of the Goods shall be the price quoted on the Web Site on the date of acceptance of the order by the Supplier.
4.2 The price of the Goods does not include delivery and accordingly all prices are ex works the Supplier’s premises. The Buyer will pay the Supplier’s delivery charges by the method and to the premises specified in the Buyer’s order for transport, packaging and insurance as quoted on the Web Site on the date of acceptance of the order.
4.3 The price for the Goods is inclusive of any applicable value added tax, which the Buyer shall be liable to pay to the Supplier.
5. PAYMENT TERMS
5.1 Payments shall be made by debit/credit card on the date on which the Buyer’s order is accepted by the Supplier.
5.2 Credit/Debit cards accepted by the Supplier are those listed on the Web Site on the date on which the Buyer’s order in accepted by the Supplier.
6.1 The time place and method for delivery shall be as agreed in the Buyer’s order.
6.2 If the Seller is unable to meet the agreed deadline, the Buyer and Seller may agree a revised date for delivery of the goods. If the Buyer does not agree to the revised date the Seller will refund the Buyer in full.
6.3 If the Buyer does not take delivery of the Goods or give the Supplier adequate delivery instructions then the Supplier may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage.
7. RISK AND OWNERSHIP
7.1 As soon as we have delivered the goods you will be responsible for them. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them, as set out in the contract.
7.2 Goods remain our property until paid for.
8. INTELLECTUAL PROPERTY
8.1.1 All intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents and other materials relating to the Goods) created by the Supplier during the course of the Contract shall be, and shall remain, the property of the Supplier only.
9. WARRANTY AND LIABILITY
9.1 Nothing in this clause shall exclude the Supplier’s liability for death or personal injury caused by its negligence.
9.2 The Supplier warrants that all Goods will correspond with the Order at the time of delivery and will be free from defects on delivery.
9.3 If the Supplier is in breach of the warranty contained at clause 9.2 above, the Buyer shall advise the Supplier in Writing immediately and in any case not later than 14 working days from the date of discovery of the defect.
9.4 On receiving a notice under clause 9.2 above, the Supplier may, at its sole option:-
9.4.1 repair the Goods;
9.4.2 replace all or any part of the defective Goods; or
9.4.3 refund the price of those Goods which are defective.
Where the Buyer IS NOT acting as a consumer, the Goods are not tested and sold as fit for any particular purpose and any terms of warranty or condition express implied or statutory to the contrary is excluded to the fullest extent allowed in law.
9.6 Save as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and the Supplier will not be liable to the Buyer for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on the Supplier by operation of law.
9.7 Where the Buyer IS NOT a consumer, The Supplier will not be liable for any of the following losses which may arise by reason of any breach of the Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on the Supplier by operation of law:
9.7.1 any loss of anticipated profits or expected future business;
9.7.2 damage to reputation or goodwill;
9.7.3 any damages costs or expenses payable by the Buyer to any third party;
9.7.4 loss of any order or contract; or
9.7.5 any consequential loss of any kind.
Where the Buyer IS NOT a consumer, The Buyer shall indemnify the Supplier against any loss or damage suffered by the Supplier as a result of any claims brought against the Supplier by any third party for:-
10.1 any loss, injury or damage caused by the Goods or their use;
10.2 any loss, injury or damage in any way connected with this Contract provided that this Clause will not require the Buyer to indemnify the Supplier against any liability for the Supplier’s own negligence.
11. EXPORT TERMS
11.1 In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chambers of Commerce in force on the date when the Contract is made. Unless the context otherwise requires, any expression which is defined in Incoterms shall have the same meaning in these Conditions, but if there is any conflict between Incoterms and these Conditions, these Conditions shall prevail.
11.2 Where the Goods are supplied for export from the United Kingdom, if the provisions of this Clause 11 are inconsistent with any other provision of these Conditions, the provisions of this Clause 11 shall prevail.
11.3 The Seller shall be responsible for complying with any legislation or regulation governing the importation of the Goods into the country of destination and for the payment of any duties.
11.4 The Buyer shall where applicable:-
11.4.1 not either directly or indirectly export the Goods or any product incorporating the Goods without first obtaining a licence to export or re-export from the United Kingdom Government and/or the United States Office of Export Administration (the “OEA”);
11.4.2 comply with the export regulations of the United Kingdom Government and/or the OEA.
11.5 The Goods shall be delivered DDP and the Supplier shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
12.1 Where the Buyer IS NOT acting as a consumer, the Supplier may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the Buyer:-
12.1.1 is in breach of these Conditions or any other contract between the parties; or
12.1.2 has a petition presented for its winding up or for an administration order to be made in respect of it; has a receiver or administrative receiver appointed over it or any of its assets; resolves to wind itself up (other than for a solvent reorganization); has a bankruptcy order made against it or any of its partners; or enters, or proposes to enter into a composition or voluntary arrangement with its creditors.
12.2 On termination, the Buyer shall pay to the Supplier all costs, expenses (including legal and other fees incurred), arrears, charges or other payments arising in respect of the Goods under the contract.
12.3 Termination shall not affect either party’s accrued rights under the Contract.
13. ERRORS AND OMISSIONS
13.1 Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
14.1 Any notice required under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or any other address notified by the receiving party to the party giving the notice. With the exception of notices served under clause 3, any notice shall be deemed to be served:
14.1.1 if sent by pre-paid first class post to the party to whom it is given, on the second Working Day after posting; or
14.1.2 if sent by pre-paid air-mail post to the party to whom it is given, on the seventh Working Day after posting; or
14.1.3 if sent by fax to the recipient’s fax number at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
14.2 If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
14.3 The Contract and these Conditions shall be under English law and the parties submit to the non-exclusive jurisdiction of the English Courts.
14.4 The Buyer shall not transfer, assign or sub-contract its obligations under the Contract without the Supplier’s prior consent in Writing. This consent will not be refused without good reason.
14.5 Failure or neglect by the Supplier to enforce at any time any of these Conditions shall not be a waiver of the Supplier’s rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice the Supplier’s right to take subsequent action.