The Contract between us:
- Pricing and Payment.
6.1 The prices payable for goods are as set out in our website and are inclusive of any delivery charges to you except where specifically specified to the contrary.
6.2 We must receive payment for the whole price of the goods including delivery charges, which can be made using PayPal or stripe
6.3 Once payment has been received via PayPal or stripe we will confirm your order by sending an e-mail to you at the e-mail address you provided stating the Order Reference Nos.
6.4 If we are unable to fulfil an order due to inability to obtain supplies from manufacturers or suppliers we will refund your payment by the same route that payment was made.
6.5 Special offers will be for a limited time only.
6.6 V.A.T. will be charged at the rate applicable at the time of purchase.
6.7 All transactions must be in sterling.
6.8 Acceptance of your order brings into existence a legally binding contract between us. Only those aged 18 and over are entitled to enter into legally binding contracts and as a result are the only people entitled to purchase through this site. Any individuals who are unable to enter into legally binding contracts are prohibited from ordering goods using this site. If you do not qualify please DO NOT use this site. By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older.
6.9 We reserve the right to claim statutory interest at 5% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Terms of payment are on receipt.
7.1 We will deliver the goods ordered by you to the address you gave us for delivery at the time you placed your order however we strictly reserve the right to only post to the billing address when a different delivery address is given, for reasons of security.
7.2 We aim for orders to be dispatched within two to three working days. Most orders are dispatched within twenty four hours but we cannot be held responsible for delays caused by a third party. We will do everything we can to ensure delivery of your order in the above time frame with a maximum of 30 days. If unfortunately goods are not delivered or are damaged or defective due to any event or circumstance beyond our control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident we will refund your payment and cancel your order or replace the goods but are unable to do this until the 30 day time period is up or unless the goods are returned unopened in a state fit for resale.
7.3 Our liability for late delivery or failure to deliver is limited to the price payable for the goods not including the postage charge.
7.4 Risk of damage or loss to the goods passes to you on receipt/delivery of the order or part order or if you are unable to accept the order or if you refuse to accept the order when delivery is attempted.
7.5 Should you not be able to receive goods posted to you and they are returned to us an extra delivery charge may become payable. You will be informed of this and given the option to cancel if preferred.
7.6 Our liability if goods are lost or not delivered will be limited to the price of the goods. Returns will only be credited if they are in good condition and unopened. Large orders may need to be divided into more than one parcel.
7.7 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.8 If the goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question. The goods must be returned to us before reimbursement or replacement can take place.
8.1 Orders will be sent by Royal Mail by 2nd class post for deliveries within the U.K.
8.2 Postage is free on all of the health tests for delivery to mainland U.K. and Northern Ireland but not to the Highland and Island areas.
8.3 You will need to pay for return postage to the lab.
- A Test time frames
8A.1 Many of the tests have a use by date on them and all tests must be completed and sent back to the laboratory before the use before date. It is your responsibility to make sure you use the test within this time frame.
8A.2 All tests must be completed within 6 months of ordering the test. It is your responsibility to make sure you use the test within this time frame.
8A.3 In regard to 8A.1 & 8A.2 which ever is the soonest will preside over the other. e.g if the use by date is 3 months then this takes priority over the 6 months or if the use by date is 9 months the 6 month clause takes priority.
- Right for you to cancel your contract.
9.1 You may cancel your contract with us for the goods ordered prior to their dispatch. You do not need to give us any reason for cancelling your contract.
9.2. Once the goods have been dispatched you are entitled to a full refund if you let us know within 7 days of the order and return the goods unopened and unused except in certain circumstances where returns are not acceptable. Please see 9.3
9.4 To cancel your contract you must notify us by e-mail to our e-mail address firstname.lastname@example.org within 7 days of placing your order.
9.5 If you have received the goods before you cancel your contract then you must send the goods back unopened and undamaged to our contact address at your own cost and risk. We recommend these are sent via recorded delivery and must be sent back within 30 days.
9.6 Once you have notified us within the specified time frame above that you are cancelling your contract, any sum debited to us from you will be re-credited to your account minus any deductions as soon as possible and in any event within 30 days of receiving the returned goods PROVIDED THAT the goods in question are returned and received by us in the condition they were in when delivered to you. If you do not return the delivered goods you will be charged the full price. If you did not pay the costs of delivery to us, we shall be entitled to deduct the cost of the postage from the returns fee.
9.1 Cancellation by IBS and Gut Solutions Ltd. Nutrition and Vitality Trading
9.1 If we have insufficient stock to deliver the goods you have ordered, if a product is discontinued or removed from sale.
9.2 If we do not deliver to your country / area.
9.3 If one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
9.4 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or we will issue a cheque if you paid by cheque as soon as possible but in any event within 30 days of your order. We will not be obliged to offer additional compensation for disappointment suffered.
10.1 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
10.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
10.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer either under applicable local law or other statutory law, or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or sent by e-mail to our contact address email@example.com and all notices from us to you will be displayed on our website from time to time.
12 Third Party Rights.
12.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13 Governing Law.
13.1 Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
- Entire Agreement.
14.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of IBS and Gut Solutions Ltd trading as Nutrition and Vitality how so ever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
14.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15.1 Any vouchers must be used up within one year of purchase/payment.
16 Community Standards and Conduct in Forums.
16.1 You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, e-mailed, or otherwise transmitted to you on the Nutrition and Vitality website whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person from which such Postings originated. This means that you are entirely responsible for all Postings that you post, e-mail or otherwise transmit to IBS and Gut Solution Ltd. Trading as Nutrition and Vitality. We do not control all of the Postings posted, e-mailed or otherwise transmitted on the Nutrition and Vitality Site and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You understand that by using the Nutrition and Vitality site you may be exposed to Postings that are offensive or objectionable. Under no circumstances will IBS and Gut solutions Ltd be liable in any way for any Postings (other than Content developed by IBS and Gut Solutions Ltd ), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, e-mailed or otherwise transmitted to or through the Nutrition and Vitality web- site.
16.2 You agree not to use the Nutrition and Vitality site (including any Forums) to:
16.2a Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion).
16.2b Harm minors in any way.
16.2c Impersonate any person or entity, including, but not limited to, a IBS and Gut Solutions LTD director, officer, employee, shareholder, agent or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
16.2d Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Nutrition and Vitality site.
16.2e Upload, post, e-mail or otherwise transmit any Postings or other materials that you do not have a right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
16.2f Upload, post, e-mail or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright or other proprietary rights of any party.
16.2g Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose.
16.2h Upload, post, e-mail or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
16.2i Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of the www.nutritionandvitality.co.uk site) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum.
16.2j Interfere with or disrupt the www.nutritionandvitality.co.uk site or servers or networks connected to the nutritionandvitality.co.uk or disobey any requirements, procedures, policies or regulations of networks connected to the nutritionandvitality.co.uk site.
16.2k Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.
16.2l “Stalk” or otherwise harass another user of www.nutritionandvitality.co.uk site.
16.2m Collect or store personal data about other users of the www.nutritionandvitality.co.uk site.
16.3 Your privilege to use the www.nutritionandvitality.co.uk site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, nutritionandvitality.co.uk, in its sole discretion, may terminate your use of, or participation in, any community, chat room or other Forum for any reason.
16.4 All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of nutritionandvitality.co.uk site (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
- Parental or Guardian Permission.
17.1 Some of the Content on the www.nutritionandvitality.co.uk site may concern the topic of sex and may not be appropriate for children. WE STRONGLY RECOMMEND THAT ALL CHILDREN ASK FOR THEIR PARENT’S OR GUARDIAN’S PERMISSION BEFORE VIEWING OUR WEBSITES. Parental or guardian permission is required for children under 13 years of age to use any Forum.
18.1 These Terms and Conditions of Use apply only to the www.nutritionandvitality.co.uk site, and not to the websites of any other company or organization. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that www.nutritionandvitality.co.uk is not responsible for the availability of such external sites or resources, and does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, goods, or other resources available on any other website. You should direct any concerns with respect to any other website to that website’s administrator or Webmaster.
- Third Party Services.
19.1 You may order services, merchandise or other goods through the www.nutritionandvitality.co.uk site from third parties (collectively, the “Sellers”). All matters concerning the services, merchandise and other goods desired from the Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Sellers. Nutrition and Vitality makes no warranties or representations whatsoever with regard to any services, merchandise and other goods provided by the Sellers. You will not consider Nutrition and Vitlity nor will IBS and Gut solutions Ltd be construed as a party to such transactions, whether or not IBS and Gut Solutions Ltd may have received some form of revenue or other remuneration in connection with such transactions, or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
- Governing Law and Other Miscellaneous.
20.1 These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts of the United Kingdom and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and www.nutritionand vitality.co.uk relating to the subject matter herein. These Terms and Conditions of Use may be modified only by our posting of changes to these terms and conditions, or by writing signed by both parties. Each time you access the Nutrition and Vitality site, you will be deemed to have accepted any such changes.
www.nutritionandvitality.co.uk may assign its rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
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