This page together with the documents expressly referred to within it tells You information about Us and the legal terms and conditions on which We sell any of the Products listed on Our website (www.honeysucklenutrition.com) to You.
Please click on the button marked “I Accept” at the end of these terms and conditions if You accept them. If You refuse to accept these terms, You will not be able to order any Products from Our Site.
IT IS HEREBY AGREED
1. ABOUT US
1.1 Company details. Honeysuckle Nutrition Limited (company registration number 12350597) (“We”, “Us” and “Our”), is a company registered in England and Wales and Our registered office is at 6, Earls Court, Priory Park East, Hull, HU4 7DY. Our VAT number is GB 348 3456 78. We operate the website www.honeysucklenutrition.com (“Our Site”).
1.2 Contacting Us. If You have any questions relating to these terms and conditions please contact Us by email email@example.com with Your order reference number. How to give Us formal notice of any matter under the Contract is set out in clause 15.
1.3 Customer. Upon purchasing Our products and Products, whether You are a consumer, business, company or otherwise, subject to this agreement, You are herein referred to as “You” or “Your” where applicable. We will contact You at the telephone number or email address that You provide upon placing Your order.
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (“Terms”) apply to the order placed by You and the supply of products by Us to You (“Contract”). Subject to clause 5 if You are a consumer, no other terms are implied by trade, custom, practice or course of dealing.
2.1.1 You accept that no terms, conditions or warranties other than as specifically set forth in these Terms shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern the relationship between Us and You in relation to the order by You and supply of Products by Us to You.
2.1.2 The Contract excludes all other terms or conditions which You may seek to apply under any order or acknowledgment or acceptance or similar document and supersedes all prior negotiations, representations or agreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by Us.
2.1.3 These Terms may change from time to time. We shall notify You by email of any changes to these Terms. Continual use of Our website by You shall be deemed to be Your acceptance of any changes to these Terms.
2.2 Entire agreement. The Contract is the entire agreement between Us and You in relation to its subject matter. The Contract applies to both consumers, businesses and companies alike save as otherwise stated. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
2.3 Language. These Terms are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to Your computer for future reference.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 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. Please follow the onscreen prompts to place an order. Each order is an offer by You to buy the Products specified in the order (“Products”) and You will be deemed to have read, understood and agreed to these Terms upon placing Your order. You are responsible for ensuring that Your order is complete and accurate before confirming the order.
3.2 When You place an order We will require Your name, email address, credit/debit card, phone and address details. This information is compulsory in order to ensure that Your order can be processed.
3.3 After You place an order, You will receive an email from Us acknowledging that We have received Your order. However, please note that this does not mean that Your order has been accepted. The Contract shall only exist once clause 3.4 has been satisfied.
3.4 Our acceptance of Your order will take place when We send the email to You to accept it, at which point the Contract between You and Us will come into existence (“Acceptance”). Acceptance of Your order may not take place for any of the following reasons, including but not limited to:
3.4.1 If the Products are out of stock;
3.4.2 If Your payment for the Products has not been authorised;
3.4.3 If there is an error in the description of the Products or a pricing error of the Products;
3.4.4 If You fail to meet all the criteria for Your order as set out in these Terms;
3.4.5 If any of Our delivery partners are temporarily unavailable due to exceptional circumstances that are beyond their, or Our, reasonable control.
3.5 Following Acceptance, We will send You an email to confirm that the Products have been dispatched from Our premises (“Dispatch Confirmation”) in accordance with the shipping option that You selected upon placing Your order. Dispatch of the Products is subject to clause 8.
3.6 If We are unable to supply You with the Products for any reason, We will inform You of this by phone or email and We will not process Your order. If You have already paid for the Products, We will refund You the full amount including any delivery costs charged as soon as possible.
3.7 We reserve the right to reject any order by You at any point for any reason.
4. OUR PRODUCTS
4.1 All reasonable care is taken to ensure that the details, prices and descriptions of Products on Our Site are accurate at the time when they are entered onto Our Site. Whilst We endeavour to keep Our Site as up-to-date and accurate as possible, there may be very rare occasions when the information on Our Site (for example Product prices, descriptions and labels) at a certain time may not reflect the position exactly at the point an order is placed by You. We do not give any warranty as to the accuracy or completeness of the information and cannot be responsible for any errors or omissions or for the results arising from the use of such information.
4.2 On very rare occasions, an error may occur and Products may be incorrectly priced on Our Site. In these circumstances, We will not be obliged to supply the Products at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any price errors. If such a situation occurs We will cancel Your order and refund the price You have paid, and, in addition will use reasonable endeavours to contact You and ask You whether You wish to purchase the Product as the correct price. If We are unable to contact You, We will proceed to cancel Your order and refund the price You have paid.
4.3 Although We have made every effort to be as accurate as possible, all [sizes, weights, capacities, dimensions and measurements] indicated on Our Site will have a slight tolerance.
4.4 The packaging of Your Products may vary from that shown on images on Our site.
4.5 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
4.6 Orders including free giveaways or other promotions will still be subject to carriage charges. Discount codes have expiry dates and will no longer work after this has passed. Only one discount code can be used per order.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if You are a consumer.
5.1 If You are a consumer, You may only purchase products from Our Site if You are at least 18 years old.
5.2 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.
6.1. If You are not a consumer, You confirm that You have authority to find any business on whose behalf You use Our Site to purchase products.
7. YOUR CONSUMER RIGHT TO CANCEL
This clause 7 only applies if You are a consumer.
7.1 If You are a consumer, You have the right to cancel the Contract and receive a full refund under the Consumer Rights Act 2015. This legal right is available if You notify Us as set out in clause 7.3 within 14 days of receipt of the Products of Your decision to cancel the Contract.
7.2 However, this right of cancellation does not apply in the following cases:
7.2.1 If You have opened the Products or their containers, or have used the Products;
7.2.2 If You fail to notify Us within 14 days of receipt of the Products that the Products are faulty or damaged; or
7.2.3 any Products which become mixed inseparably with other items after their delivery.
To cancel the Contract and request a refund, You must use a copy of the form which is enclosed with the delivery of Your order. The form must be sent to Our address as set out within clause 1.1 of these Terms.
Alternatively, You can also email Us at firstname.lastname@example.org . If You are emailing Us please include details of Your order to help Us to identify it. If You send Us Your cancellation notice by email, then Your cancellation is effective from the date that We process the email and email You to confirm that the cancellation and refund has been accepted.
7.3 The Products must be returned to Us in a re-saleable condition and at Your own expense. The Products must not have been opened, used or otherwise that may affect the resale of the Products.
7.4 Upon receipt of the returned Products, We will process the refund within 14 days. The refund shall be for the price paid for the Products and shall not include any postage paid.
8. RETURN AND REFUND
This clause 8 only applies if You are a consumer.
8.1 If You are a consumer, You have the legal right to reject faulty Products and receive a refund under the Consumer Rights Act 2015. This legal right is available if You notify Us as set out in clause 8.3 within 30 days of receipt of the Products of Your decision to cancel the Contract.
8.2 However, this right of rejection does not apply in the following cases:
8.2.1 If You have opened the Products or their containers, or have used the Products;
8.2.2 If You fail to notify Us within 30 days of receipt of the Products that the Products are faulty or damaged; or
8.2.3 any Products which become mixed inseparably with other items after their delivery.
8.3 To reject the Products and request a refund, You must use a copy of the form which is enclosed with the delivery of Your order. The form must be sent to Our address as set out within clause 1.1 of these Terms.
Alternatively, You can also email Us at email@example.com. If You are emailing Us please include details of Your order to help Us to identify it. If You send Us Your rejection notice by email, then Your rejection is effective from the date that We process the email and email You to confirm that the rejection and refund has been accepted.
8.4 If You have returned the Products to Us under this clause 8 because they are faulty or mis-described, We will refund the full price of the Products and will refund You on the credit card or debit card used by You to pay.
8.5 The Products must be returned to Us in a re-saleable condition and at Your own expense. The Products must not have been opened, used or otherwise that may affect the resale of the Products.
8.6 Upon receipt of the returned Products, We will process the refund within 14 days. The refund shall be for the price paid for the Products and shall not include any postage paid.
9. DELIVERY, TRANSFER OF RISK AND TITLE
9.1 Upon Acceptance, We will also email You with an estimated delivery date. This date will be an estimate only, will not be binding upon Us and time is not of the essence for delivery.
9.2 As set out in clause 3.5 of these Terms, following Acceptance, We will then email You the Dispatch Confirmation. The date of delivery shall be in accordance to the delivery option selected by You during the check-out process.
9.3 We use different couriers for Our deliveries depending on size, weight and number of parcels, and whether You have opted for next day delivery. To see a full list of delivery charges, delivery timescales and couriers, please visit Our Delivery and Returns pages.
9.4 Delivery is complete once the Products have been unloaded at the address for delivery set out in Your order and the Products will be at Your risk from that time. For delivery to occur, You warrant that You are responsible for providing Us with unobstructed access to the address for delivery at the time agreed by Us or Our authorised carrier so as to facilitate the delivery of the Products (including unloading of the same).
9.5 You own the Products once We have received payment in full, including of all applicable delivery charges.
9.6 If We fail to deliver the Products, Our liability is limited to the cost of obtaining replacement Products of a similar description and quality in the cheapest market available, less the price of the Products. However, We will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because You failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
9.7 If You fail to take delivery within 14 days after the date of the Dispatch Confirmation, We may resell part of, or all the Products and after deducting any reasonable storage and selling costs, account to You for any excess over the price of the Products or charge You for any shortfall below the price of the Products.
9.8 Occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 16 for Our responsibilities when this happens.
10. INTERNATIONAL DELIVERY
10.1 Delivery for outside the UK is available on certain products (“International Delivery”). International Delivery is charged in accordance with the size and destination address of the order as per the delivery cost at the time of order. However, should the volumetric weight be heavier when the parcel has been packed up We reserve the right to ask for additional funds to cover the cost of the delivery which You shall be liable for.
10.2 We use different couriers for International Deliveries depending on size, weight and number of parcels, and it will also depend if You have chosen next day delivery.
10.3 All delivery charges are subject to change depending on the delivery country, the size and the weight of Your parcel.
10.4 All International Deliveries may be subject to import duties and taxes, which are levied by the importing country at the time the delivery arrives in Your country. All applicable duties, fees and any additional charges are outside of Our control and You will be responsible for these.
10.5 If You are ordering products for International Delivery to someone else, please make sure they are aware that they will be responsible for these additional charges. We have no control over these charges and cannot predict what they may be. We recommend that You check the import fees in the country You would like to send to before ordering products to be delivered there.
10.6 We will contact You prior to Dispatch Confirmation should Your order attract any additional charges for delivery, import taxes or otherwise, and You will be required to pay any additional charges prior to Dispatch Confirmation.
10.7 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if You break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on Our Site at the time You submit Your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 11.5 for what happens if We discover an error in the price of Products You ordered.
11.2 Prices for Our Products may change from time to time, but changes will not affect any order You have already placed and has been accepted by Us.
11.3 The price of Products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of Your order and the date of delivery, We will adjust the VAT You pay, unless You have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of the Products does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm Your order. Delivery charges are subject to change and may vary dependent on size, weight, number of parcels or the destination for delivery. As a result, Our choice of courier may vary. To see a full list of delivery charges, delivery timescales and couriers, please visit Our Shipping and Returns page.
11.5 We sell a large number of Products through Our site. It is always possible that, despite Our reasonable efforts, some of the Products on Our site may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that:
11.5.1 where the Products’ correct price is less than the price stated on Our site, We will charge the lower amount when dispatching the Products to You; and
11.5.2 if the Products’ 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 Products 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. However, if We mistakenly accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the Products and refund You any sums You have paid.
12. HOW TO PAY
12.1 You can only pay for Products using a debit card or credit card or Paypal account. We will notify You of the payment cards that We accept during the check-out stage when You are placing Your order.
12.2 Payment for the Products and all applicable delivery charges shall be charged to Your payment card upon Us accepting Your order.
13. OUR WARRANTY FOR THE PRODUCTS
13.1 The Products are intended for use only in the UK. We do not warrant that the Products comply with the laws, regulations or standards outside the UK. You are responsible for ensuring that any Products ordered for International Delivery will comply with the laws, regulations or standards in the country of destination.
13.2 If You are a consumer, We provide a warranty that on delivery the Products shall:
13.2.1 conform in all material respects with their description;
13.2.2 be free from material defects;
13.2.3 be of satisfactory quality (within the meaning of the Consumer Rights Act 2015); and
13.2.4 be fit for any purpose held out by Us.
13.3 If You are a business, We provide a warranty that on delivery the Products shall:
13.3.1 conform in all material respects with their description;
13.3.2 be fit for any purpose held out by Us.
13.4 We will not be liable for breach of the warranties set out in clauses 13.2 and 13.3 if:
13.4.1 If You fail to use the Products in accordance with Our or the manufacturer’s instructions;
13.4.2 the defect arises as a result of wilful damage, negligence, or abnormal storage or working conditions;
13.4.3 any breach of warranty relates to Your order and Our supply and delivery of any free Products (not including delivery charges); or
13.4.4 any defect or damage arises as a result of any storage of the Products that is otherwise in accordance with Our or the manufacturer’s recommended storage conditions; or
13.4.5 the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
13.5 These Terms also apply to any replacement Products supplied by Us to You.
13.6 If You are a consumer, this warranty is in addition to Your 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.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 shall only apply if You are a consumer.
14.1 We only supply the Products for domestic and private use by You. You agree not to use the Products for any commercial, business or re-sale purposes, and We have no liability to You relating to any use save for domestic and private purposes as set out in this clause 14.1.
14.2 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, but We are not responsible for any loss or damage that is not foreseeable. 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.
14.3 Nothing in these Terms limits or excludes Our liability for:
14.3.1 death or personal injury caused by Our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 breach of the terms implied by the Consumer Rights Act 2015; or
14.3.4 any other liability that cannot be limited or excluded by law.
14.4 Except as expressly stated in these Terms, We do not give any representations, 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. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 shall only apply if You are a business.
15.1 We only supply the Products for use by Your business only, such as reselling the products if applicable. We shall not be liable as a result of any use of the products save for such use set out in this clause 14.1
15.2 Nothing in these Terms limits or excludes Our liability for:
15.2.1 death or personal injury caused by Our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 any other liability that cannot be limited or excluded by law.
15.3 Subject to clause 15.2, We will under no circumstances be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any claim or action which relates to Your order and Our supply and delivery of any free Products (not including delivery charges); or
15.3.2 any claim or action which relates to an ingredient in the Products that We have purchased from a third party; or
15.3.3 any claim or action which relates to storage of the Products otherwise in accordance with Our recommended storage conditions; or
15.3.4 any claim or action which is not brought by You within 24 hours of delivery of the Products; or
15.3.5 any loss of profits, sales, business, or revenue; or
15.3.6 loss of business opportunity; or
15.3.7 loss of anticipated savings; or
15.3.8 loss of goodwill; or
15.3.9 any indirect or consequential loss.
15.4 Subject to clause 15.3, Our total liability to You for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the amount of payment towards the price of the Products actually received by Us from You.
15.5 Except as expressly stated in these Terms, We do not give any representations, 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.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
16.2.1 We will contact You as soon as reasonably possible, or within 14 days of the Event Outside Our Control taking place, whichever is earlier, to notify You; and
16.2.2 Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
16.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact Us at firstname.lastname@example.org. If You opt to cancel, You will have to return (at Your cost) any relevant Products You have already received and We will refund the price You have paid, including any delivery charges, subject to any of these Terms that may apply.
17. COMMUNICATIONS BETWEEN US
17.1 When We refer to “in writing” in these Terms, this includes email.
17.2 Any notice or other communication given by You to Us under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email. Any notice given by Us to You shall be valid however it is given.
17.3 A notice or other communication is deemed to have been received:
17.3.1 if delivered personally, on signature of a delivery receipt;
17.3.2 if sent by pre-paid first class post or other next working day delivery service, at 11.00 am on the second working day after posting; or
17.3.3 if sent by email, at 9.00 am the next working day after transmission.
17.4 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 email, that such email was sent to the specified email address of the addressee.
17.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18.1 Variation. Any variation of the Contract only has effect if it is in writing and signed by You and Us (or Our respective authorised representatives).
18.2 Waiver. If We do not insist that You perform any of Your obligations under the Contract, 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 or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
18.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.4 Third party rights. The Contract is between You and Us. No other person has any rights to enforce any of its terms.
18.5 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.