OUR TERMS & CONDITIONS
1.1 In these Conditions:
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. However, where the Good’s correct retail price at the time of the order is less than that stated on the Sellers website the Seller will charge the Buyer the lower amount. If the Good’s correct retail price at the time of the Buyers order is higher than the price stated on the Sellers website the Seller will contact the Buyer for their instructions before accepting the Buyers order. If the Seller accepts and processes the Buyers order where a pricing error is obvious and unmistakeable and could reasonably have been recognised as a mispricing, the Seller may end the contract and refund the Buyer any sums paid. In such instance, the Seller will require the return of any goods provided to the Buyer.
3.2 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller or their authorised representative. The Buyer will receive an “Order Confirmation Email” from the Seller once the order has been accepted by the Seller, at which point the Contract between the Buyer and Seller will come into existence. PLEASE KEEP HOLD OF THE ORDER CONFIRMATION EMAIL as it also provides your returns information should you need to return Goods to the Seller. The Order Confirmation Email will also contain the Buyers assigned order number, which will be required when contacting the Seller, and delivery tracking details. If the Seller is unable to accept the Buyers order, the Seller will inform the Buyer in writing and no charges will be made to the Buyer for the Goods. Reason for non-acceptance may be, but is not limited to, due to the product being out of stock, because of unexpected limits on the Sellers resources which could not be reasonably planned for, because the Seller has identified an error in the price or description of the Goods, or because the Seller is unable to meet a delivery deadline set by the Buyer.
3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements.
3.5 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller. Where the order is so cancelled with the agreement of the Seller the Buyer shall indemnify the Seller in full against all losses incurred, which may include damages, charges and expenses incurred by the Seller as a result of the cancellation. However, in limited circumstances, those where the Buyer has made a reasonable and obvious genuine mistake, the Seller may at their discretion revise the order upon the Buyers early request via email at firstname.lastname@example.org
4. Ending the Contract
4.1 Ending the Contract is dependent on a number of factors. These include; what Goods have been purchased, whether the Goods are faulty, the Sellers ability to meet the delivery deadline, the Buyers ability to make prompt payment and when the Contract is ended. Instances may include:
4.2 If the Buyer is ending a contract for a reason set out below the contract will end immediately and the Seller will refund the Buyer in full for any Goods which have not yet been delivered. The reasons are:
4.2.1 The Seller has told the Buyer about an upcoming change to the product, or these terms, which the Buyer does not agree to (see Clause 2.7);
4.2.2 The Seller has told the Buyer about an error in the price or description of the product ordered and the Buyer does not wish to proceed;
4.2.3 There is a risk that delivery of the Goods may be significantly delayed because of events outside of the Sellers control; for exception to this term see Clause 9.10
4.2.4 The Buyer has a legal right to end the contract due to a mistake on the part of the Seller (including late delivery, see Clause 7.2)
4.3 To end the contract with the Seller the Buyer must inform the Seller via one of the following modes:
4.3.1 Email the Seller at email@example.com The Buyer must provide their name, home address, phone number and email address. The Seller will also require the order number relating to the Buyers delivery, which can be found on the Buyers Order Confirmation Email (see Clause 3.1), and the reason for ending the contract to enable the Seller to deal with the query efficiently.
4.3.2 By post. Print off the form at the end of these Terms and Conditions and post it to the Seller at the address on the form, or simply write to the Seller at that address. The Buyer must provide their name, home address, phone number and email address. The Seller will also require the order number relating to the delivery and the reason for ending the contract to enable the Seller to deal with the query efficiently.
4.4 If the Buyer simply changes their mind about an order they will be entitled to, from the day after they receive their order, a 14-day cooling off period and will be permitted a full refund from the Seller for any returned or undelivered Goods from that order (section 30(3) Consumer Contracts Regulations 2013) (see 4.5 below for instances where the right to cancel due to change of mind would not be valid). The Goods must be returned to the Seller within 14 days of receipt using the returns procedure set out in the Order Confirmation Email. Where the Buyer has chosen a more expensive mode of delivery the Seller will only be liable to refund the standard rate of delivery for the Goods (section 29(1)(a) Consumer Contracts Regulations 2013). For example, where the Sellers offers standard delivery of Goods within 3-5 working days at one cost and the Buyer chooses to have the product delivered within 24 hours at a higher cost, then the Seller will only refund for the cheaper delivery option. If the order is delivered in several installments over different days the 14-day cooling off period will commence from the day after the last delivery to complete the order (section 30(5) Consumer Contracts Regulations 2013). During the 14-day cooling off period cancellations or reducing the order will also be accepted by the seller without penalty.
4.5 The Buyer does not have a right to change their mind in respect of any of the Sellers Goods where:
In all other circumstances (including where the Buyer is exercising their right to change their mind) the Buyer will be liable for the costs of any Goods returned.
4.7 If the Buyer is responsible for the cost of returns and the Seller has to collect the product from the Buyers premises, the Seller will charge the Buyer the cost for that collection.
4.8 Where the Buyer exercises their right to change their mind, and have the right to do so, the Seller will refund the Buyer for the Goods and the delivery cost via the same method used for payment. However, deductions to the refunded amount may be applicable - see Clause 4.4 and 4.9 below
4.9 If the Buyer exercises their right to change their mind:
4.10 Any refunds due to the Buyer will be made available as soon as possible by the Seller, or within 14 days from the day on which the Seller receives the Goods back in to the warehouse from the Buyer. For information about how to return Goods to us, please refer to the Order Confirmation Email (see Clause 4.6).
5.1 The price of the Goods (which includes VAT, in line with the present-day VAT rates at the time of the order) shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list relating to the country of destination shall apply.
5.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all Goods prices given by the Seller are exclusive of delivery charges.
6.2 If the Buyer fails to make full payment on the date of the order, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract and/or suspend any further deliveries to the Buyer.
7.2 The Seller will inform the Buyer of the estimated delivery date of the Goods at the time the order is placed. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any reasonable delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Seller will inform the Buyer of any substantial delay in writing and will take all appropriate and reasonable steps to minimise the duration of the delay. Where the delay in receipt of the Goods is deemed unreasonable, more than 30 days after the expected delivery date, the Buyer may contact the Seller to end the Contract with immediate effect and receive a full refund for any Goods paid for but not yet received, or return any subsequent deliveries received by the Buyer (following the 30-day delivery period) back to the Seller via the returns information provided in the Sellers Order Confirmation Email. Deliveries in installments will be treated as separate contracts (see Clause 7.3 below). If the Buyer does not wish to treat the contract as at an end following the 30-day delivery period the Buyer can provide the Seller with a new deadline for delivery, which must be reasonable. If the Seller fails to deliver on the new deadline set by the Buyer the Buyer is entitled to treat the Contract as at an end with immediate effect on the following working day of the new deadline date. Orders can be tracked by the Binfo@gastrogen.onlineuyer using the link provided in the Order Confirmation Email from the Seller. Generally, the Seller will aim to deliver the goods as follows: for delivery in the UK 1-2 working days, to the European Union 3-7 working days, outside of the European Union 5-8 working days, in any event within 30 days after the day on which we accept your order. The Goods may be delivered by the Seller in advance of any quoted delivery date. The Seller shall be entitled to make part delivery of the Goods at any time.
7.3 Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. The Buyers right to the 14-day cooling off period will commence following the final delivery of the whole order and will not be effected (see Clause 4.3 above).
7.4 If the Buyer fails to take delivery of the Goods at their premises, or the parcel is too large to pass through the letterbox, the courier will post a card through the Buyers letterbox informing the Buyer of the failed delivery and details of how to arrange redelivery or collection from a local depot. If the Buyer fails to arrange redelivery or fails to collect the Goods from a delivery depot, the Goods will be returned to the Seller and the Buyer will incur additional costs for any subsequent redelivery. If the Buyer fails to contact the Seller within a reasonable period to arrange redelivery the Seller is entitled to end the contract and Clause 7.5 below will apply.
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer from the time the Seller delivers the Goods to the delivery address provided by the Buyer or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivered of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and payment in full of all sums due from the Buyer to the Seller whether under the Contract or by virtue of any other liability of the Buyer to the Seller. Until such time as the property in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, the Seller is entitled to full payment of the price of the Goods and any delivery or other costs incurred by the Seller in steps taken to recover the Goods.
8.3 For the avoidance of doubt, nothing contained in this Clause 8 shall entitle the Buyer to return any of the Goods to the Seller except as expressly provided in these Terms and Conditions or as expressly agreed in writing between the Seller and the Buyer.
9.1 Subject to the conditions set out in Clause 9.2 below the Seller warrants that the Goods will correspond with their specification subject to such tolerances as are reasonable and as are normally accepted in the trade and will be free from defects in material and workmanship at the time of delivery.
9.2 The above warranty is given by the Seller subject to the following conditions:
9.2.1 The Seller shall be under no liability in respect of any defect arising from willful damage, negligence, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alternation of the Goods without the Seller’s approval.
9.2.2 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
9.2.3 The above warranty does not extend to Goods not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
9.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.
9.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (sections 13 and 14 Sale of Goods Act 1979 / sections 9, 10 and 11 Consumer Rights Act 2015) ) (whether or not delivery is refused by the Buyer) be notified to the Seller within 30 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
9.5 Any claim by the Buyer which is based on short delivery or non-delivery shall be notified to the Seller in Writing (in the case of short delivery) within 7 days of the delivery date and (in the case of non-delivery) within 30 days of the order date for the Goods which the Buyer claims have not been delivered. If the Buyer does not notify the Seller accordingly the Buyer shall not be entitled to reject any goods that have been delivered and the Seller shall have no liability for such short delivery or non-delivery.
9.6 Where the Buyer elects to exercise their legal right to reject the Sellers Goods based on any defect in the quality or condition of the Goods (section 19(3), 20 and 22(1) Consumer Rights Act 2015), the Buyer is required to email the Seller at firstname.lastname@example.org with details of the defect within 7 days of the delivery date, and return the Goods back to the Seller using the cheapest mode of postage and via the returns procedure provided in the Sellers Order Confirmation Email (section 20(7)(b) Consumer Rights Act 2015). PLEASE DO NOT RETURN THE PRODUCTS TO OUR ADDRESS. The Seller will reimburse the Buyer all postage costs if upon inspection of the Goods the Seller agrees that the goods are defective. Where any valid claim in respect of any of the Goods which is based on defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions the Seller shall be required to reimburse the Buyer any postage costs and replace the Goods or (refund to the Buyer the price of the Goods) (or a proportionate part of the price) (sections 19(3), 20(7)(a), 23 and 24 Consumer Rights Act 2015), but the Seller shall have no further liability to the Buyer. The Seller is under a legal obligation to supply products that are in conformity with this Contract. This means that the Goods must be as described, fit for purpose and of satisfactory quality
9.7 Where the Seller fails to comply with any of the terms of this Contract, the Seller will be responsible for loss or damage suffered by the Buyer that is a foreseeable result of the Sellers breach of contract or the Sellers failure to use reasonable care and skill. However, the Seller will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Seller and Buyer could reasonably foresee the event might happen, for example, if the occurring event was discussed during the sales process.
9.8 The Seller does not exclude or limit in any way their liability to the Buyer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Sellers negligence; for fraud or fraudulent misrepresentation; the right to pass the title in the Goods (section 12 Sale of Goods Act 1979 / section 17 Consumer Rights Act 2015); for breach of the Buyers legal rights in relation to the products including the right to receive products which are: as described (section 13 Sale of Goods Act 1979 / section 11 Consumer Rights Act 2015); of satisfactory quality and fit for purpose (section 14 Sale of Goods Act 1979 / sections 9 and 10 Consumer Rights Act 2015); supplied with reasonable skill and care.
9.9 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer (with the Sellers written approval), except as expressly provided in these Conditions.
9.10 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
9.10.2 War or threat of war, sabotage, insurrection, civil disturbance, or requisition;
9.10.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.10.4 Import or export regulations or embargoes;
9.10.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
9.10.6 Difficulties in obtaining raw materials labour, fuel, parts or machinery;
9.10.7 Power failure or breakdown in machinery.
10.1 The timing and cost of delivery will be as displayed on the Sellers website, gastrogen.online
10.2 In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and theses Conditions, the latter shall prevail.
10.3 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 10 shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply, notwithstanding any other provisions of these conditions.
10.4 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and notifying to the Seller the requirements of any such legislation or regulations requiring action on the part of the Seller. The Buyer will also be responsible for payment of any duties in connection with the delivery of the Goods, including import tax and local duties.
10.5 The Goods will be deemed delivered if, for any reason, they are seized by any import or other government body due the Buyers failure to pay import duties.
10.6 Where a contract for Goods is rightfully cancelled by the Buyer (in a manner satisfactory to these Terms and Conditions) and the Goods have been delivered outside of the United Kingdom the Seller will reimburse the Buyer for the cost of the Goods once they have been received back into the Sellers warehouse. The Seller will not reimburse the Buyer for any costs the Buyer may have incurred for shipping, either to or from the Buyer. The Seller will deduct the original shipping cost charged to the Buyer when the order was placed from the refunded amount REGARDLESS OF WHETHER THE BUYER WAS CHARGED FOR DELIVERY IN THE FIRST INSTANCE.
10.7 In the instance of 'Buy One Get One Free' offer, the Buyer will only be refunded by the Seller for any unopened boxes returned. If the Buyer has returned 1 box from an order for 2 boxes, a refund for half of the total amount paid will be processed by the Seller upon receiving the Goods in the Sellers warehouse.
10.8 The Buyer will also be responsible for payment of any duties or tax in connection with shipping the returned Goods back to the United Kingdom.
10.9 Goods must be received back into the Sellers warehouse in the same condition they were shipped out. Any damaged or non-resalable products will be charged to the Buyer and deducted from the refunded amount.
11.1 The Seller will use any personal information provided by the Buyer in the following way (Please also refer to our full Privacy and Cookies policy);
11.1.1 To supply the products to you;
11.1.2 To process your payment for the products; and
11.1.3 To inform you of similar products that we provide. You may unsubscribe from this services at any time.
11.2 We will only provide your personal information to third parties where the law either requires or allows us to do so.
11.3 In the event that the Buyer transfers all or any of their rights and obligations under their agreement to a third party, the Seller may transfer information about the Buyer to enable the third party to enforce their rights or comply with the obligations.
12.1 The Seller retains the right to transfer their rights and obligations under these terms to a third party.
12.2 The Buyer may only transfer their rights and obligations under these terms to a third party with the written consent of the Seller. The Buyer must contact the Seller at email@example.com and await a written approval from the Seller before any transfer to a third party takes place.
12.3 This contract is between the Seller (Gastrogen Ltd) and the Buyer. No other person shall have any third-party rights to enforce any of its terms, except as explained in Clause 12.2 in respect of our guarantee. Neither the Seller or the Buyer will need the agreement of any third party in order to end the contract or make any changes to these terms herein.
12.4 Alternative dispute resolution (“ADR”) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider.
12.5 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party given the notice.
12.6 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.7 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.8 The contract shall be governed by the laws of England and is subject to the exclusive jurisdiction of the courts of England and Wales.
Gastrogen CANCELLATION FORM
NOTICE: This is a cancellation form only. Please complete and return this form if you wish to withdraw from your Contract with us.
IF YOU WISH TO RETURN GOODS TO US, PLEASE USE THE DETAILS SET OUT IN YOUR ORDER CONFIRMATION EMAIL.
If you have any further queries in relation to your order or delivery please contact us by email at firstname.lastname@example.org Thank you for your custom.
I/We [*] hereby give notice that I/We [*] wish to cancel my/our [*] Contract of sale for the following goods:
Order Number (if received):………………………………………………………………….
Date Order Placed:……………………………………………………………………………
Date Order Delivered:………………………………………………………………………...
Name of Consumer:…………………………………………………………………………...
Address of Consumer:…………………………………………………………………………
Telephone/Mobile number of Consumer:……………………………………………………..
Signature of Consumer(s):…………………………………………………………………….
Signature of Consumer(s):……………………………………………………………………
(where possible a digital signature for online submissions, or handwritten signature if this form is notified on paper)
[*] Delete as appropriate