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Terms and Conditions
Please read the Terms and Conditions carefully before submitting an order to us.
Please do contact us if you have any questions. Our contact details are: Customer Services Department:
The Old Bowling Green
When you place an order on www.biobrade.com (the “Website") you are subject to the conditions on the Website at the time of placing the order. By submitting an order on the Website you (the “Customer") agree and accept to be bound by these conditions. These conditions are in addition to your statutory rights as a consumer and shall govern the contract to the exclusion of any other terms or conditions.
Please be aware that until your order is placed the Company (as defined below) reserves the right to vary these conditions from time to time without prior notice via this website. Once the order has been placed no variation to the conditions shall be binding unless agreed in writing between the customer and an authorised representative of the Company. Any reference in the conditions to writing shall include facsimile and e-mail.
Whilst the Company uses reasonable efforts to include accurate and up to date information on this site, it makes no warranties or representations as to the accuracy or reliability of information or material linked to or from this site. The Company cannot monitor the content not produced by the Company and any views expressed by third parties on these pages are not representative of the views of the Company. The information provided on this site is for guidance only and it does not constitute medical advice. If in doubt, before undertaking any strenuous exercise or course of food supplements you should seek medical advice from your doctor. The Company accepts no liability or responsibility for the content of this site except in relation to death or personal injury or breach of these terms and conditions caused by its negligence. Food supplements should be taken in conjunction with, and not as a substitute for, a healthy lifestyle and balanced diet. Always seek medical advice before taking any supplements if you are in any doubts, and if you are taking existing medication.
1.1 The Customer shall place an Order for Goods by submitting a completed Order Form on the Website. The Company shall confirm acceptance of the Customer's Order in writing and will supply the Goods to the Customer in accordance with the Customer's Order Form. 1.2 Subject to the Customer's statutory rights (as defined under the Consumer Rights Act 2015) the Company reserves the right to refuse to supply Orders. 1.3 The Company supplies the Goods to the Customer for the Customer's own use and not for resale or any other commercial purpose and by submitting the Customer's Order Form the Customer agrees: it shall not either directly or indirectly export or resell the Goods or any product incorporating the Goods; and it is a consumer as defined by the Consumer Rights Act 2015.
2.1 In accepting a quote or submitting an Order Form for the Goods the Customer acknowledges that: all information relating to the Goods and any material produced by the Company is supplied in good faith; and the limitations of monitor capabilities and of printers means that the colour and dimensions of the products on the Website may vary from the Goods supplied to the Customer under the Contract. 2.2 Any error in any quote, sales literature or other document or information issued by the Company or placed upon the Website may be corrected without any liability to the Company PROVIDED THAT if the Price of the Goods or a material difference in the specification of Goods is varied between the date of placing the Order and the Delivery Date the Customer shall subject to their statutory rights have the option to cancel their Order and a refund of the Total Price plus the reasonable and applicable cost of return post and handling will be made available by the Company to the Customer. 2.3 The Company reserves the right by giving notice to the Customer at any time before receipt by the Company of the Customer's Order Form to increase the Price of the Goods to reflect: any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties or material increase in the costs of the Goods to the Company). 2.4 The Company reserves the right by giving notice to the Customer at any time to increase the Price of the Goods to reflect any change in delivery dates, quantities of the Goods which is requested by the Customer prior to acceptance of any changes to the Order, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions. 2.5 The Company may make any changes in the specification of the Goods to conform with any applicable statutory or European Union requirements or, where the Goods are to be supplied to the Customer’s specification, which do not materially affect their quality or performance (or where any particular Goods are unavailable, to substitute for the Goods ordered other Goods which are substantially similar in nature and price).
3.1 The Customer has the right to withdraw from the Contract within 30 working days of the Delivery Date of the Goods by serving written notice of withdrawal and the Company shall credit the Customer's Credit Card for the Total Price of the Goods less any applicable delivery charges as listed in clause 4.2. 3.2 The Customer shall pay the costs of returning the Goods to the Company by the same method as they were delivered in the event that the Goods have been despatched by the Company prior to receipt of the written notice of withdrawal.
4.1 Subject to clauses 2.3 and 2.4 the Price of the Goods and Conditions governing this Contract shall be the Price and Conditions quoted on the Website on the date of placing the Order. 4.2 For Orders valued greater than £15.00 the Price of the Goods includes delivery within the UK by second class post. For Orders valued less than £15.00 or where the Customer opts for an improved delivery service or where the Customer's address is outside the UK the Customer will pay the Company's delivery charges as quoted on the Website on the date of submission of the Order Form. 4.3 The Price for the Goods is inclusive of any applicable value added tax, which the Customer shall be liable to pay to the Company.
5.1 If within five Working Days of payment for the Goods the Customer serves written notice on the Company confirming with evidence that the Customer could have purchased identical goods offline in a non-e-commerce transaction at a lower retail price (excluding sales, promotions or discount prices offered by other retailers or wholesale outlets) than the Price (excluding any applicable delivery charges) of the Goods when ordered, the Company shall refund the difference in the retail price of the Goods to the Credit Card account used for payment by the Customer.
6.1 Payments shall be made by the Customer's Credit Card on the date on which the Order is placed. 6.2 Credit cards accepted by the Company are those listed on the Website on the date on which the Order is accepted by the Company. 6.3 Upon providing the Company with details of the Customer's Credit Card and submitting the Order, the Customer represents, warrants and undertakes: that the information contained within the Order is true and accurate and that he or she is duly authorised to use the Customer's Credit Card and authorises the Company to deduct payment from the Customer's Credit Card account as payment in full for the Total Price of the Goods and all other payments which shall become due to the Company under the Contract and that it is acting as a Consumer for the purposes of the Consumer Rights Act 2015 and is not purchasing as a business or on behalf of a third party for resale.
7.1 Every reasonable effort will be made by the Company to ensure the Goods ordered are despatched to the place set out in the Order Form within 1 Working Day of the acceptance of the Order Form by the Company, any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any reasonable delay in delivery of the Goods however caused. 7.2 Delivery of the Goods shall be performed by a third party. The Company shall not be liable for late delivery unless the Company has acted negligently. 7.3 If the Customer does not take delivery of the Goods or fails to give the Company adequate delivery instructions then the Company may store the Goods until actual delivery and charge the Customer for its reasonable costs (including insurance) of storage and delivery. The Company shall not owe the Customer any duty of care under this clause and shall not be liable to the Customer for any loss, damage or deterioration of the Goods during storage. 7.4 Where delivery is otherwise than at the Customer's premises, the Customer shall be liable for additional delivery and insurance charges.
8.1 Risk of damage or loss of the Goods shall pass to the Customer on delivery or, if the Customer fails to take delivery of the Goods, the time when the Company or its agent has used its reasonable endeavours to deliver the Goods. 8.2 Subject to the provisions of clause 3 and sub-clause 8.1 title in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the Total Price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due.
9.1 All intellectual property and other proprietary rights (including, but not limited to, copyright and trade marks) and all technical, business or similar information (including but not limited to, all designs, documents) and other materials relating to the Goods and the Company shall be, and shall remain, the property of the Company only. 9.2 Material on this Website is protected by copyright which is owned by the Company and the contents must not be used for any commercial purposes by the Customer or any third party. ALL RIGHTS RESERVED.
10.1 Nothing in this clause 10 shall exclude the Company's liability for death or personal injury caused by its negligence. 10.2 Subject to the conditions set out below the Company warrants that all Goods will correspond with the Order at the Despatch Date and will be free from defects on delivery. 10.3 If the Company is in breach of the warranty contained at clause 10.2 above, the Customer shall advise the Company in writing immediately and in any case not later than 30 working days from the Delivery Date or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time from the date of discovery of the defect. 10.4 If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and at the Company's reasonable discretion the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the Total Price as if the Goods had been delivered in accordance with the Contract. 10.5 On receiving a notice under clause 10.3 above, the Company will: replace all or any part of the defective Goods; or refund the price of those Goods which are defective. 10.6 Subject to Clause 10.1 the warranty contained in clause 10.2 shall be the extent of the Company's liability for defective Goods. 10.7 The Goods are sold as food supplements and are not recommended as fit for any particular purpose. 10.8 In circumstances where Goods are sold to a Customer not dealing as a consumer (within the meaning of the Consumer Rights Act 2015) 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 Company shall not be liable to the Customer or any third party 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 Company by operation of law. 10.9 The Company shall not be liable for any claims by the Customer or a third party for any of the following losses which may arise by reason of any breach of the Contract or reliance on information contained on this Website or any implied warranty, condition or other term, any representation (unless fraudulent) or any duty of any kind imposed on the Company: any loss of anticipated profits or expected future business; damage to reputation or goodwill; any damages, costs or expenses payable by the Customer to any third party; loss of any order or contract; or any consequential loss of any kind. 10.10 Unless otherwise provided in these Conditions, and subject to clause 10.1, the liability of the Company for breach of any express or implied term of this Contract or due to the Company's negligence shall be limited to the reasonable cost of remedying any defect in the Goods or other matter constituting a breach and in no circumstances shall the Company's liability exceed the Total Price paid by the Customer (or due) to the Company under the Contract. 10.11 Without prejudice to any other provision of this clause 10, neither party shall be in breach of the Conditions of the Contract for any delay in performing, or failure to perform, its obligations under the Contract if that delay or failure was due to any cause or circumstances beyond its reasonable control. 10.12 If either party is affected by the circumstances referred to in clause 10.11 it shall notify the other party of the nature and extent. 10.13 If the circumstances referred to in 10.11 prevail for a continuous period of 30 Working Days the parties shall negotiate in good faith and agree upon alternative arrangements as may be fair and reasonable. 10.14 The Customer shall indemnify the Company against any loss or damage suffered by the Company as a result of any claims brought against the Company by any third party for any loss, injury or damage in any way connected with this Contract provided that this clause will not require the Customer to indemnify the Company against any liability for the Company's own negligence. This clause does not affect the Customer's statutory rights as a consumer.
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 The Customer 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 applicable duties. 11.3 The Goods shall be delivered DDU and the Company shall be under no obligation to give notice to the customer to insure the Goods during sea transit under Section 32(3) of the Sale of Goods Act 1979.
12.1 The Company 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 Customer: fails to make payment of the Total Price plus any applicable postal and handling costs on the date of the Order; and is in breach of these Conditions or any other contract between the parties; 12.2 On termination, the Customer shall pay to the Company all costs, expenses (including legal and other fees incurred), arrears, charges, or other payments arising in respect of the Goods under the Contract at the date of termination.
13.1 The Company may withdraw the sale or distribution of any Goods produced by or generally supplied by the Company without prior notice, or liability, to the Customer. 13.2 Where the Company provides the Customer with product information (including but not limited to labelling) about any conditions, recommendations or warnings necessary to ensure that the Goods will be safe the Customer agrees to use the Goods accordingly. Subject to clause 10.1 the Company shall not be liable for injury or loss suffered by the Customer where the Customer fails to follow the Company's Conditions or recommendations. 13.3 For the avoidance of doubt the exclusion referred to in Clause 13.2 includes but is not limited to circumstances where the customer exceeds the recommended daily intake in respect of each product.
15.1 Competitions are only open to residents of the UK.
16.1 Any notice required under these Conditions shall be in writing addressed to the other party at its principal place of business or any other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served: 16.1.1 if sent by pre- paid first class post to the party to whom it is given, on the second Working Day after posting; or 16.1.2 if sent by pre-paid air-mail post to the party to whom it is given, on the seventh Working Day after posting; or 16.1.3 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; 16.1.4 if sent by email to the recipient's email address at the date and time but provided that a hard copy is sent by post (subject to 16.1.1) within 24 hours of delivery of the email. 16.2 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 and shall continue to be valid and enforceable to the fullest extent permitted by law. 16.3 The Contract and these Conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts. 16.4 The Customer shall not transfer, assign or sub-contract its obligations under the Contract without the Company's prior consent in Writing. 16.5 Failure or neglect by the Company to enforce at any time any of these Conditions shall not be a waiver of the Company's rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice the Company's right to take subsequent action.
These are the Terms and Conditions of BioBrade Limited (registered number 11674623) whose principal place of business is:
The Old Bowling Green
By ordering, the Customer acknowledges it has agreed to the incorporation and acceptance of these Conditions.