Healthspan UK Limited Terms and Conditions
Healthspan UK LTD - Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we Healthspan UK LTD supply any of our products ("Products") listed on the website www.healthspan.co.uk and www.vetvits.co.uk ("our site") to you or ordered via our call centre or by mail. Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
o 1.1 www.vetvits.co.uk is a site owned by Healthspan UK Limited (the contracting party) and operated by Healthspan Ltd. (Both subsidiaries of Healthspan Group Limited). In addition to the Terms and Conditions set out here all orders are also subject to the site operator Healthspan Ltd’s terms and conditions. Where there is a conflict then the Terms and Conditions stated here take precedent. Healthspan UK Limited is registered in England under company number 7485064 and with our registered office at Witan Gate House, 500-600 Witan Gate West, Milton Keynes, Buckinghamshire, UK, MK9 1SH. We are trading from Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU.
o No Credit Card numbers are held within this web site or the associated back-office systems used to process your orders within the Healthspan Group of companies. For future reference to help us communicate with you, the first few and/or last digits only of the Credit Card number are kept by us.
o For any repeat orders our Credit Card Agency securely holds your Credit Card details and provides us with a unique token that represents that particular card; this token is only valid for payment to this company and this data is therefore worthless to any potential web site hacker.
3. SERVICE AVAILABILITY
o We do not accept orders from individuals resident in the USA, Holland or Canada.
4. YOUR STATUS
o By placing an order through our site, you warrant that:
o 4.1.1 You are legally capable of entering into binding contracts; and
o 4.1.2 You are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
o 5.1 After placing an order via our site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will notify where a Product may not be available of be delayed.
o 5.2 The Contract will relate only to those Products not notified as out of stock or delayed. We will not be obliged to supply any other Products which may have been part of your order until the Products are available and the dispatch of such Products can be confirmed.
6. AVAILABILITY AND DELIVERY
o Your order will be fulfilled within 30 days unless there are exceptional circumstances or we have notified of out of stocks or delays.
7. RISK AND TITLE
o 7.1 The Products will be at your risk from the time of delivery.
o 7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
o 8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
o 8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
o 8.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9. OUR REFUNDS POLICY
o 9.1 We guarantee your satisfaction with our Products and if, for any reason, you are not satisfied with any Product(s) you purchase, we offer a full 'no quibble' refund or exchange policy.
o 9.2 Without prejudice to condition 9.1, you may cancel a Contract at any time provided that the Products have not passed their sell-by-date. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. This provision does not affect your statutory rights.
o 9.3 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case; within 30 days of the day we received your cancellation or the day we confirmed to you via letter or e-mail that you were entitled to a refund for delivery of the defective Product.
o 9.4 Products returned by you for any reason will be refunded in full. We will provide a freepost label for any returns.
10. OUR LIABILITY
o 10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
o 10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
o 10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
o 10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
o 10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
o 10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
o 10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
11. IMPORT DUTY
o 11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
o 11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
o 1.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
o 1.2 Where appropriate Healthspan reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
o All notices given by you to us must be given to Healthspan UK Limited at Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
o 14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
o 14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
o 14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
o 15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
o 15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
o 15.2.1 Strikes, lock-outs or other industrial action.
o 15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
o 15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
o 15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
o 15.2.5 Impossibility of the use of public or private telecommunications networks.
o 15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
o 15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
o 16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
o 16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
o 16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
o If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
o 18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
o 18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
o 18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
o 19.1 We have the right to revise and amend these terms and conditions from time to time.
o 19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
o Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
21. INTELLECTUAL PROPERTY
o The content of www.vetvits.co.uk is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of www.vetvits.co.uk on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.vetvits.co.uk without written permission from Healthspan UK Ltd.
22. RESTRICTIONS ON USE
o You may not use the site www.vetvits.co.uk for any of the following purposes:
§ disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
§ transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
§ gaining un-authorized access to other computer systems
§ interfering with any other person's use or enjoyment of www.vetvits.co.uk
§ breaching any laws concerning the use of public telecommunications networks
§ interfering or disrupting networks or websites connected to www.vetvits.co.uk
§ making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
o You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
§ any claim by any third party that the use of www.vetvits.co.uk by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
§ any claim by any third party that the use of www.vetvits.co.uk by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
§ any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.vetvits.co.uk by you.
o Other than claims arising from the use by you of the site to order product(s) in the normal manner
o Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in our magazine/catalogue intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking a supplement. If you experience an adverse reaction, stop taking the supplement and seek medical advice.
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