TERMS AND CONDITIONS OF SALE
These Terms were last updated on July 30, 2018
Welcome uk.bodybio.com (our “Website”). This document (together with any documents expressly referred to in it) tells you the more about us and the legal terms and conditions (“Terms”) on which BodyBio Limited sells any products on this Website to you. These Terms will apply to any contract between us for the sale of Products to you ("Contract").
Please read these terms carefully before you submit your order to us.
By ticking the checkbox labelled on the checkout page, you will be confirming your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any products from our site. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. ABOUT US
We are BodyBio Limited, a company registered in England and Wales. Our company registration number is 10871140 and our registered office is at Eldo House Kempson Way, Bury St Edmunds, Suffolk, IP32 7AR (“we”, “us”, “BodyBio”). Our registered VAT number is 281070033.
If you have any queries about these Terms or problems with our Products, you can contact us by telephoning our customer service team at 08000 608 380 or by writing to us at firstname.lastname@example.org
Your use of our Website is governed by our Terms of Website Use https://bodybio.co.uk/pages/terms-and-conditions. Please take the time to read this, as it includes important terms which apply to you.
2. HOW THESE TERMS APPLY TO YOU
Our terms and conditions vary slightly depending on whether you are a business or consumer customer. In some areas you will have different rights under these terms depending on what kind of customer you are. Provisions specific only to consumers or to businesses have been highlighted throughout these Terms.
You are a consumer if you are an individual resident in the United Kingdom and buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). In all other cases, you will be a business customer.
Our Website and these Terms only cover sales of our Products to UK customers. If you are based in the USA, you can order BodyBio products from our US website here BODYBIO.COM]. For any other countries, please see our list of international distributors https://www.bodybio.com/category-s/151.htm].
3. OUR PRODUCTS
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown in images on our website.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
Our products have been manufactured on the basis of extensive clinical research around the world, but every individual body is different we do not make any claim or guarantee that you will experience the suggested benefits. Content on this Website or our products is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem in connection with the products purchased on this Website.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. There may also be certain Products which can only be legally purchased if you satisfy the legal age requirement for that Product. Please do not attempt to order these Products through our site if you do not satisfy these age requirements as we are not allowed by law to supply these Products to you if you do not satisfy these age requirements.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. These Terms (and any document expressly referred to in them) constitute the entire agreement between us in relation to your purchase. These Terms apply to and will be incorporated into the Contract, and will prevail over any alternative or inconsistent terms or conditions contained in, or referred to in, your purchase order, standard terms, specification, or as implied by law, trade custom, practice or course of dealing. You acknowledge that in entering into the Contract you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
7. PLACING AN ORDER
Instructions on placing an order are displayed on the relevant pages of our Website.
After you place an order, you will receive an email acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our Contract with you begins when we email you to confirm that we have accepted and dispatched your order (“Dispatch Confirmation”).
All Products on our Website are subject to availability and payment. If we are unable to accept your order (e.g. because the product is out of stock or we have been unable to process your payment), we will inform you of this on the Product page or by email and will not charge you for the order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
We will also be unable to accept your order where we have identified an error in the price or description of your ordered products or we are unable to meet a delivery deadline you have specified. In these instances, we will contact you to inform you of the error and to see if you are happy to proceed with the order with the revised prices and/or delivery dates. We will not accept or charge you for your revised order until you have confirmed you are happy for us to do so.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. If you wish to make a change to the Product you have ordered (but prior to the Dispatch Confirmation) please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8. OUR RIGHTS TO VARY THESE TERMS
We may revise these Terms and/or Products from time to time to reflect (a) changes in how we accept payment from you, or (b) changes in relevant laws and regulatory requirements. Where we need to make other changes to the Terms and/or Products, including those which will have a more significant practical impact on you as a result of changes to legal requirements, we will keep you informed of these changes and you may then contact us to end the Contract before the changes take effect and receive a refund for any products paid for but not received. Every time you order Products from us, the Terms in force at that time (as displayed in the relevant date at the top of this document) will apply to the Contract between you and us.
9. DELIVERY AND PACKING
The costs of delivery will be as displayed to you at the checkout page on our Website. We will fulfil your order by the estimated delivery date set out in our Dispatch Confirmation, unless the delay has been caused by an event outside our control (for which we cannot hold responsibility). If delivery is delayed due to events outside our control, we will contact you as soon as possible to let you know and provide a revised estimated delivery date. We will take reasonable steps to minimise the effect of the delay and if there is a risk of substantial delay you may contact us to cancel the order and request a refund for any products you have paid for but not received.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave the package in a safe place out of sight in accordance with your instructions provided during checkout online or you will be left a note informing you of how to rearrange delivery or collect the products from a local depot. After this, it is your responsibility to track and arrange delivery or collection for your order.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. We cannot offer refunds or replacements for deliveries of which you fail to take delivery on our second attempt. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 12 will apply.
The products will be your responsibility from the time we deliver the product to the address you gave us. You own the products you have purchased once we have received payment in full.
10. YOUR RIGHTS OF RETURN AND REFUND (IF YOU ARE A CONSUMER)
This clause only applies if you are a consumer.
If you wish to end your Contract with us, your rights when you do so will depend on your reasons for cancellation and when you decide to end the Contract. If you want to end the Contract with us because:
- Of something we have done or are going to do. The Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons which allow you to end the Contract on this ground are that:we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 8);
- We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- There is a risk that supply of the products may be significantly delayed because of events outside our control; or
- You have a legal right to end the contract because of something we have done wrong.
The Products are faulty or not as described, you may have a legal right to end the Contract or to get the product repaired or replaced, or to get some or all of your money Please refer to clause 13 if you are a consumer and clause 14 if you are a business for further details.
You have changed your mind about the Product. In most cases, you may return or exchange any item purchased from BodyBio for any reason within 14 days of delivery for an exchange or refund, through one of the methods set out in clause 10.6 Refunds will be made subject to the conditions in clauses 10.3 to 10.5 below. If your Products have been split into several deliveries over different days, you will have 14 days after the day you (or someone you nominate) receives the last delivery.
We are entitled to refuse your refund request or reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (e.g. if a seal to the Products has been opened). You should therefore ensure that the Products are returned to us in as close to original condition as possible together with all original packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (please see our Shipping Policy https://bodybio.co.uk/pages/shipping-policy. For example, if you had the option of Standard delivery taking 4-6 business days but you opted for expedited 1-day delivery at a higher cost, we will only refund what you would have paid for Standard Delivery.We will make any refunds due to you as soon as possible:
- If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a product to us, see clause 10.8.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
To cancel your Contract with us and request a refund, you can do so by:
- Phone or email: Call customer services on 08000 608 380 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online form: Completing the BodyBio Return Form and directions set out in our Returns Policy https://bodybio.co.uk/pages/refund-policy.
- Post: Print off the form [INSERT LINK TO PRINTABLE FORM]/[in the Schedule below] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
11. YOUR RIGHTS OF RETURN AND REFUND (IF YOU ARE A BUSINESS CONSUMER)
This clause 11 only applies if you are a business consumer.
We offer a 14 day guarantee on all our Products. You may return or exchange any item purchased from BodyBio for any reason within 14 days of delivery for an exchange or refund, by completing the BodyBio Return Form and directions set out in our Returns Policy https://bodybio.co.uk/pages/refund-policy.
If your Products have been split into several deliveries over different days, you will have 14 days after the day you (or someone you nominate) receives the last delivery.
You will be responsible for any costs of return.All returns are subject to inspection to determine whether you are eligible for a refund. If you are entitled to a refund under these Terms, we will refund you the price you paid for the Products being returned (excluding delivery costs) by the method you used for payment, subject to the following:
- A 20% restocking charge applies for any Products which are returned after 14 days from the date of final delivery (see clause 1 above).
- A 20% restocking charge applies for any Products which have been opened. We may reduce your refund of the price (excluding delivery costs of the original delivery of the Products to you) to reflect any other reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. You should ensure that the Products are returned to us in as close to original condition as possible together with all original packaging.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (please see our Shipping Policy https://bodybio.co.uk/pages/shipping-policy. For example, if you had the option of Standard delivery taking 4-6 business days but you opted for expedited 1-day delivery at a higher cost, we will only refund what you would have paid for Standard Delivery.
- We will make any refunds due to you within a reasonable period of receiving your completed Return Form and returned Products.
12. OUR RIGHTS TO END OR NOT PROCEED WITH THE CONTRACT
We will not be responsible for supplying the Products late or not supplying any part of them, or we may be entitled to end a Contract for a Product at any time by writing to you if:
- You do not make any payment to us when it is due and/or we are unable to process your payment because of a problem with your card;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your contact details, delivery time slots, order number and confirmation to proceed with an order following changes of details required to the original order; or
- You do not, within a reasonable time, allow us to deliver the products to you.
Where the above causes arise before delivery of the Dispatch Confirmation, we will not be obliged to accept the Contract and will not be responsible for supplying the Products late or not supplying any part of them.
If we end the Contract in the situations set out in clause 11.1 above, we will refund any money you have paid in advance for the Products we have not provided, but we reserve the right to charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
13. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 13 only applies if you are a consumer.
If you are a consumer we are under a legal duty to supply Products that are in conformity with this Contract. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We do not in any way exclude or limit our liability for death or personal injury caused by:
- Our negligence;
- Fraud or fraudulent misrepresentation;
- For breach of your legal rights in relation to the products including the right to receive products which are:
- As described and match information we provided to you and any sample or model seen or examined by you;
- Of satisfactory quality;
- Fit for any particular purpose made known to us; and
- For defective products under the Consumer Protection Act 1987.
- Under the Consumer Rights Act 2015 your goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
This is only a summary of your key legal rights and are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in the following clause.
14. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
This clause 14 only applies if you are a business customer.
If you are a business customer we warrant that on delivery, any Products shall:
- Conform in all material respects with their description and any relevant specification;
- Be free from material defects in design, material and workmanship; and
- Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)
All the above warranties are subject to clause 3.4.
Subject to clause 3, if:
- You give us notice in writing (in accordance with clause 10.2) within 30 days of delivery that a Product does not comply with the warranty set out in clause 1;
- We are given a reasonable opportunity of examining such Product; and
- You return such Product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective Product in full.
- You make any further use of such Product after giving a notice in accordance with clause 14.2(a);
- The defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
- You alter or repair the Product without our written consent; or
- The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Except as provided in this clause 14.4, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1, including from terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982
The Products are your responsibility as soon as they are delivered to you and you are responsible for any onward supply, distribution or sale of the Products. This means that you must take out and maintain appropriate public and product liability insurance in relation to the Products.
These Terms shall apply to any repaired or replacement products supplied by us under clause 2.
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- Defective products under the Consumer Protection Act 1987; or
- Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Any loss of profits, sales, business, or revenue;
- Loss or corruption of data, information or software;
- Loss of business opportunity;
- Loss of anticipated savings;
- Loss of goodwill; or
- Any indirect or consequential loss.
Subject to clause 14.7 and clause 14.8, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. PRICE AND PAYMENT
The price of the Products (which include VAT) will be the price indicated on the order pages during the checkout process. This does not include delivery charges, which will be as displayed during the checkout pages on the Website.
We take all reasonable care to ensure that the price of the product advised to you is correct at the time when the relevant information was provided. However please see clause 15.4 for what happens in this event.
If the rate of VAT changes between your order date and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- Where the Product's correct price is less than the price stated on our Website, we will charge the lower amount at dispatch. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- Where the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
If you think an invoice is wrong please contact us promptly to let us know.
We accept payment with most debit and credit cards. Payment for all Products and applicable delivery charges must be made before dispatch. We will not charge your credit or debit card until we dispatch the products to you.
16. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Payment disputes are handled under the Laws of England and Wales