The Nutrabiotics Limited website (the “Site”) owned and made available to you by Nutrabiotics Limited a company registered under number 08101406 and whose registered office is Ashberry House, New Hall Lane, Bolton, BL1 5LW.
Please take the time to read these the terms and conditions herein (the “Terms and Conditions”) carefully as they form the whole agreement between you and us and are designed to regulate your use of the Site which we, Nutrabiotics Limited operate from this URL.
1 YOUR ACCEPTANCE
1.1 By Clicking on the ‘Accept’ button which follows these Terms and Conditions you indicate an understanding and acceptance of them. Such acceptance is either on your own behalf or on behalf of any corporate entity which employs you or which you represent. In these terms and conditions, the expression ‘you’ covers all situations aforementioned.
1.2 If you do not accept these Terms and Conditions you should click on the ‘Reject’ button. If you choose to reject the Terms and Conditions you will not be able to purchase any of the Products offered on the Site.
2.1 Unless the context requires otherwise the following definitions shall apply to these Terms and Conditions:
“Content” means the textual and graphic content of the Site including but without limitation to, text, graphics, images, photographs, sounds, music, video, animation, characterisation and trade marks;
“Database” means an electronic database in which details relating to you and/or your use of the Site may be stored for the purposes of our providing the Services;
“Insolvency Event” means in respect of you:
a) other than for the purposes of a bona fide reconstruction or amalgamation, you passing a resolution to wind up, or a court of competent jurisdiction making an order for you to be wound up or dissolved, or you being otherwise dissolved; or
b) the appointment of an administrator of, or the making of an administration order in relation to you or the appointment of a receiver or administrative receiver of, or an encumbrancer taking possession of or selling, the whole or any part of your undertaking, assets, rights or revenue; or
c) you entering into an arrangement, compromise or composition in satisfaction of your debts with your creditors or any class of them, or taking steps to obtain a moratorium, or making an application to a court of competent jurisdiction for protection from your creditors; or
d) you being unable to pay your debts, or being capable of being deemed unable to pay your debts; or
e) you entering into any arrangement, compromise or composition in satisfaction of your debts with your creditors.
“Intellectual Property Rights” means all intellectual property rights including but not limited to all registered and unregistered trade marks, patents, service marks, trade secrets, design rights (whether registrable or otherwise), applications for any of the foregoing, copyrights and other rights in works of authorship (including rights in computer software), moral and artists’ rights, semi-conductor topography rights, database rights, know-how, trade or business names and other similar rights or obligations, whether registrable or not, in any country (including the United Kingdom) for the full term of the rights together with any extensions or renewals;
“Price” means the price for the Products as offered on the Site or otherwise notified to you by us from time to time;
“Products” means the products we agree to supply to you under these Terms and Conditions.
“Registration Form” means our standard form request for information, completion and submission of which being your application for the Services.
“Services” means the services we agree to provide to you under these Terms and Conditions;
“Site” means the website www.nutrabiotics.co.uk which is owned and operated by us;
“we”, “us” and “our” means Nutrabiotics Limited (a company registered in England under number 08101406) and whose registered office is Ashberry House, 41 New Hall Lane, Bolton, BL1 5LW.
3 REGISTRATION & PURCHASING
3.1 In order to purchase any of the Products from the Site you must create an account by completing and submitting an online Registration Form. We may, in our absolute discretion, accept or refuse any registration application.
3.2 Receipt of your credit card details and debit of payments does not constitute our acceptance of your purchase request. Our acceptance of your purchase request takes place when you receive a confirmatory message from us which sets out your order details (“Confirmation”) at which point the contract is made. You should retain a copy of this for your records.
3.3 We reserve the right to decline your purchase request for any reason whatsoever.
4.1 The Price of the Products are in pounds sterling and are expressed exclusive of Value Added Tax (“VAT”) (where applicable) which will be charged at the prevailing rate.
4.2 Prices, Offers, Services and Products are subject to availability and we may change them at any time.
5 ORDER ACCECTENCE
5.1 Order acceptance and the completion of the contract between you and us will take place when you receive the Confirmation unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in these Terms and Conditions.
5.2 Where we supply you with both Products and Services we may invoice you separately for each.
5.3 Where the Products and or Services are provided to you in installments, while each installment will constitute a separate contract, our failure to provide one or more of the installments shall not entitle you to terminate the contract as a whole.
6.1 Payments must be made on-line by supplying us your credit/debit card details or by using paypal.
6.2 Unless we are negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when you place an order.
6.3 By submitting an order, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity, validate your payment card and obtain authorisations for your payments for the Products.
When paying online, We use Paypal to process confidential credit card information. You can find out more detailed information on the security applied to your credit card transaction on their website.
8 OUR RESPONSIBILITIES
8.1 Subject always to these Terms and Conditions, we shall:
8.1.1 endeavour to make the Site available; and
8.1.2 use reasonable skill and care in providing or procuring provision of the Products and or Services.
9 YOUR RESPONSIBILITIES
9.1 You acknowledge and agree that:
9.1.1 you are responsible and liable to met the Price for all Product or Service requests which in our reasonable opinion have been made with your authorisation;
9.1.2 you shall inform us immediately if you have any reason to believe that a third party has represented themselves as being in any way connected to you (or holds themselves out as being you) placed an order for Products and or Services without your authorisation;
9.1.3 all information that you provide to us is and remains at all times true, accurate and complete and complies with these Terms and Conditions;
9.1.4 you will pay the Price promptly without deduction or set-off;
9.1.5 you shall comply with these Terms and Conditions as amended from time to time, and further acknowledge and agree that it is your responsibility to check these Terms and Conditions, as may be amended, to ensure your continued acceptance of them.
9.1.6 we shall have no liability for the contents of any communication transmitted by virtue of the Services
10 CHANGES TO THE SITE
We reserve the right to modify the Site (including its functionality) from time to time without prior notice to you.
11.1 Without prejudice to any other rights or remedies we may have, we reserve the right to suspend, in whole or in part, the Site and/or your access to it, at any time and without notice to you, in circumstances where:
11.1.1 In our discretion solely we consider your use of the Site may expose us to claims or other liabilities, expose us to criticism, disrepute or cause us embarrassment howsoever arising or infringes our rights or the rights of third parties; or
11.1.2 You fail to pay the Price as it falls due.
11.2 The period during which we may suspend the Site and/or your access to it will continue until the circumstances giving rise to our right to suspend the Site and/or your access to it ceases to subsist or until our contract with you under these Terms and Conditions is terminated.
11.3 Even if we suspend the Site or your access to it under this clause 11, you will continue to be obliged to pay any Price owing or that arises during the period when the Site is suspended.
12.1 Subject to clause 11 above we reserve the right to terminate your use of the Site at any time.
12.2 In the event of termination, you will be entitled to a refund of that part of any Price you have already paid but in respect of such time you have not had delivery of the Products and or Services.
12.3 Notwithstanding clauses 12.1 and 12.2 above, we may at our absolute discretion terminate all or part of the Services with immediate effect by giving written notice to you of:
12.3.1 your commiting a material breach of these Terms and Conditions, or a series of breaches which when taken together amount to a material breach of these Conditions, provided that in the case of a breach which is capable of remedy you fail to remedy the breach within fourteen (14) days of receiving a written request to do so;
12.3.2 you being in material default of these Terms and Conditions which is irremediable;
12.3.3 an Insolvency Event affecting you occurs; or
12.3.4 we suffer from a Force Majeure Event more particularly detailed in clause 25.
12.4 Termination under these Terms and Conditions shall not affect any rights or responsibilities that are intended to continue, or come into force, after termination.
13 LIMITATION ON LIABILITY
13.1 To the fullest extent permitted by law we will not be liable to you or any third party for any:
13.1.1 loss of business, loss of revenue, loss of profits (whether actual or anticipated), loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data, loss of opportunity, loss of reputation;
13.1.2 other loss or damage which does not result directly from our actions, our sub-contractors or agents;
and which arises out of or is related to you ordering a Product or Service.
13.2 The Site is provided on an “as is” and “as available” basis and while we will take all commercially reasonable steps to minimise periods of interruption we do not warrant and reciprocally you acknowledge and agree that the Site may occasionally be unavailable for reason of repair, maintenance and upgrading or may be unavailable due to the nature and quality of the internet and or computer systems. We make no warranty, representation or guarantee of uninterrupted or fault free provision of the Site.
13.3 You further acknowledge and agree that we make no warranty and give no representation of any kind in relation to information supplied to us by third parties we accept no responsibility or liability for any inaccuracy in or arising out of any information supplied by any third party.
13.4 Our maximum liability to you will not exceed the Price. Nothing in these Terms and Conditions excludes or limits our liability for personal injury to you or death caused by our negligence.
13.5 You shall indemnify us against all costs (including legal costs), claims, damages, demands and expenses arising directly or indirectly out of any claim by any third party which arises in connection with your use of the Site unless it arises solely as a result of our negligence.
13.6 No warranty, guarantee or other term relating to quality or fitness for purpose is given in respect of the Products supplied by us but we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by any third party.
13.7 No warranty is given that:
13.7.1 the Site, any software available from the Site, or any website to which the Site is linked will being free from viruses or other defects;
13.7.2 the Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).
13.7.3 the type and nature of goods or services being offered are suitable for your particular circumstances;
13.7.4 that the information contained on the Site constitutes professional advice or a recommendation for any particular service.
You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any representations, warranties or obligations set out in your order or these Terms and Conditions.
15.1 Dates for delivery of the Products and or Services are an estimate only and time is not of the essence.
15.2 You shall be responsible for inspecting the Products on delivery for any apparent defects or errors. If any defects are discovered during this inspection, you must notify us immediately. You shall be deemed to have accepted the Products and or Services should notification of your rejection not be given to us within 7 days of payment. Anybody presenting themselves as acting on your behalf in order to inspect or accept delivery of the Products shall be deemed to be your representative and as such has all relevant authorities to accept the Products.
15.3 Risk in the Products will pass to you on delivery. Title in any Products supplied by us to you shall not pass to you until we have received in cleared funds all sums due to us.
15.4 Until ownership of the Products has passed to you, you will hold the Products on a fiduciary basis as our bailee and keep them separately and marked clearly as belonging to us. We reserve the right to enter your premises and you shall grant us access to recover any Products supplied by us to you if payment is not made on the due date. Until all sums owing to us have been paid in full and in cleared funds you shall properly store, protect and insure the Products against loss or damage and in the event of a relevant claim shall hold the proceeds of such insurance on our behalf as our trustees. You agree to be held personally liable to compensate us for any loss suffered should you trade or otherwise dispose of the Products before we have been paid in full and cleared funds.
15.6 Delivery of Products under 2kg shall be by 1st Class Royal Mail with delivery of Products in excess of this weight limit being made by a courier of our choosing.
Additional Shipping Details:
We deliver to all Worldwide Locations.
Who We Deliver By
We deliver your parcel by your country’s mail service. If you require a particular courier for your country or if you require express shipment please contact us for a quote.
All packages are shipped in discreet secure cardboard boxes. We take great care in ensuring our parcels protect your item from damage.
We aim to ship all orders placed before 3pm same day. However all orders are guaranteed to be dispatched within 24 hours of ordering.
We ship all parcels via 1st class mail. We estimate your order will be with you within 1-2 working days for UK mainland.
Europe and Republic of Ireland
We aim to ship orders the same day they are placed. Most orders will arrive with you within 3-7 days. If a card is left at your address please take this card to your local post office to collect the parcel.
USA, Canada, Australia & New Zealand & everywhere else
We aim to ship orders the same day they are placed. Most orders arrive within 5-14 days. Please bear in mind all shipments are dispatched from the UK so please be patient. Customs delays may occur too. If a card is left at your address please take this card to your local post office to collect the parcel.
16 REFUNDS AND RETURNS
16.1 Replacement products will only be available where in our absolute discretion the Products have been damaged or we have made an error in processing your order.
16.2 Subject to clause [16.1] we will replace damaged or erroneous Products and cover the cost of standard and or other reasonable postage costs by crediting the credit/debit card used to make the original transaction. It is your responsibility to provide us with proof of postage together with an unambigusous statement of why the Products are being returned when returning the Products.
16.3 We shall not be held responsible for loss of any Products returned to us in accordance with this clause .
16.4 Only products returned in their original packaging will qualify for a refund.
16.5 We reserve the right at our sole discretion to offer a refund of the Price instead of a replacement of the Products where Products are returned to us.
16.6. In accordance with the Direct Selling Regulations, if the goods are unsuitable or faulty when you receive them then please contact us within 7 working days of receiving the goods or return them to us within 14 days. In order to make a return please email us at: firstname.lastname@example.org to let us know you will be making a return and specify if you would like a refund or replacement. You will receive a refund or replacement within 2 weeks of us receiving the returning the goods.
16.7 All returns should be sent to the following address and include the original dispatch note together with any returned goods.
Nutrabiotics Ltd, Ashberry House, New Hall Lane, Bolton, BL1 5LW
17 INTELLECTUAL PROPERTY RIGHTS
17.1 You warrant, represent and undertake that you are the owner of all and any Intellectual Property Rights used in connection with your use of the Site or you have the requisite authority from the Intellectual Property Rights owner.
17.2 We will not be responsible for any infringement of third party intellectual property rights arising from your use of the Site and you agree to indemnify and keep us indemnified against any and all liability, loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by us whether directly or indirectly or consequential arising out of any dispute or contractual, tortious or other claims or proceedings brought by a third party alleging infringement of Intellectual Property Rights.
17.3 We draw your attention to all trade mark and copyright notices which may be present on anything you receive or have access to due to your taking out a subscription for a Product and remind you it is an offence to copy any part or all of a copyright work (which includes pictures, graphics and/or music) belonging to another party.
17.4 Nothing in these Conditions provides for any transfer or assignment of ownership of any Intellectual Property Rights we own in the Site, the Database or the Content.
You shall not assign or otherwise dispose of all or any of your rights or obligations under these Terms and Conditions without obtaining our prior written consent.
19.1 Any notice required to be given under or in connection to these Terms and Conditions shall be in writing, signed by or on behalf of the party giving it and shall be served by pre-paid first-class post, recorded delivery or registered post to the address and for the attention of the relevant party notified for such purpose, or to such other address as that party may have notified to the other party in accordance with this clause 17. Notices shall also be deemed to be served if sent by e-mail.
19.2 A notice shall be deemed to have been received:
19.2.1 in the case of pre-paid first-class post, three Working Days from the date of posting;
19.2.2 in the case of email upon confirmation of sending being produced by a server.
19.3 In proving service, it shall be sufficient to prove that the envelope containing the notice was addressed to the relevant party at its address previously notified for the receipt of notices (or as otherwise notified by that party) and delivered either to that address or into the custody of the postal authorities as pre-paid first-class post, recorded delivery, registered post or airmail letter, or that the notice was transmitted by email to the email address of the relevant party at the email address previously notified for the receipt of notices (or as otherwise notified by that party).
Our failure or neglect to exercise any of our rights or remedies under these Terms and Conditions should not be construed as a waiver of our rights nor in any way affect the validity of the whole or part of these Terms and Conditions nor prejudice our right to take subsequent action.
21 RELATIONSHIP BETWEEN YOU AND US
Nothing in these Terms and Conditions and no action taken by you or us pursuant to these Terms and Conditions shall constitute, or be deemed to constitute, a partnership, association or joint venture nor shall we or you be agents of each other or any other co-operative entity.
If any part of these Terms and Conditions are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that part shall be severed without effect to the remainder.
23 ENTIRE AGREEMENT
23.1 These Terms and Conditions together with the privacy statement on the Site constitute the entire agreement and understanding between you and us in respect of the matters dealt with in them and supersedes, cancels and nullifies any previous agreement between you and us in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
23.2 You acknowledge and agree that, in placing an order you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Terms and Conditions.
The headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.
We reserve the right to change or amend these Terms and Conditions at any time and without prior notice. You will be taken as accepting the then current Terms and Conditions each time you choose to order a Product or use the Services.
26 EXCLUSION OF THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no person other than you and us shall have any rights under them nor shall they be enforceable under that Act by any person other than you and us.
27 FORCE MAJEURE
27.1 We shall not be considered to be in default of these Terms and Conditions or liable to you by reason of any delay or failure in the performance of our obligations under these Terms and Conditions if caused in whole or in part by any act, omission or circumstance beyond our control (an “Event of Force Majeure”).
27.2 An Event of Force Majeure shall include, but not be limited to, an act of God, flood, storm, fire, war, terrorist act, riot, strike or other industrial action, act of Government, breakdown of machinery, shortages of materials, or a delay or failure on the part of any sub-contractor, supplier or carrier of goods or materials relating to these Terms and Conditions.
27.3 We shall endeavour to resume performance of our obligations as soon as the Event of Force Majeure has ceased.
27.4 If an Event of Force Majeure continues for a period of more than 1 month from the date of its commencement either you or us shall be entitled to terminate any contract between us immediately on notice to the other without liability except for any rights and liabilities which have accrued up to the date of termination of our contract.
28 GOVERNING LAW AND JURISDICTION
28.1 These Terms and Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation shall be governed by and construed in accordance with the laws of England.
28.2 Both we and you irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with these Terms and Conditions.