E-COMMERCE TERMS OF SALE
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 9.5 & 9.6 (NATURE OF GOODS AND DISCLAIMER) AND CLAUSE 13 (LIMITATION ON OUR LIABILITY).
These Terms of Sale (the “contract”), together with any and all other documents referred to herein, set out the terms on which we sell our menopause supplements (“goods”) to consumers through this website, http://www.meno8.co.uk/. Please read carefully and ensure you understand the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to. You will be required to accept these terms before ordering any goods from us. If you do not agree to comply with and be bound by these terms, you will not be able to order goods through our site.
Summary of some of your key rights:
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to consumer goods. Nothing in these terms will affect your legal rights.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
Please note that you will not be eligible to claim the above remedies if:
This is a summary of some of your key rights. These are subject to certain exceptions. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- who we are and our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means CWH Supplements Limited; and
- ‘you’ or ‘your’ means the person using our site to buy goods from us.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to firstname.lastname@example.org.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Who are we?
We are CWH Supplements Limited, a company registered in England and Wales under company number: 14285469 and our website is owned and operated by this entity.
Our registered office is at: First Floor Victory House, Vision Park, Chivers Way, Histon, Cambridge, United Kingdom, CB24 9ZR.
- If you buy goods on our site you agree to be legally bound by this contract. This contract applies to consumers only and does not apply to customers purchasing our goods in the course of business.
- This contract is only available in English. No other languages will apply to this contract.
- When buying any goods on our site you also agree to be legally bound by:
- our website terms and conditions and any documents referred to in them;
- extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. If we do this, details will be highlighted at the top of this page. If the changes are likely to affect your order to your detriment, we will contact you to let you know if we intend to do this by giving you reasonable advance notice and you may contact us to end the contract before the changes take effect. If you end the contract for this reason, you will receive a refund for any goods paid for but not received; and
- specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
All of the above documents form part of this contract as though set out in full here.
- Information we give you
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
- read the acknowledgement email (see clause 4.3); or
- contact us using the contact details at the top of this page.
- The key information we give you by law forms part of this contract (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- Your privacy and personal information
- Ordering goods from us
- Below, we set out how a legally binding contract between you and us is made.
- Our site will guide you through the ordering process. Before submitting your order you will be given the opportunity to review and amend it. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
- No part of our website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. When you place your order at the end of the online checkout process (eg when you click on the [Place order button]), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the goods are unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the goods from us;
- we are not allowed to sell the goods to you;
- you have ordered too many goods; or
- there has been a mistake on the pricing or description of the goods.
- In the unlikely event that we are unable to accept your order, we will inform you of this and will not charge you for the goods. (If we have taken payment any such sums will be refunded to you as soon as possible using the same payment method that you used when placing your order.) This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
- We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
- a legally binding contract will be in place between you and us; and
- we will dispatch the goods to you.
- Our Confirmation Email will include our identity and contact details, full details of the products ordered, fully itemised pricing and payment terms (including, where appropriate, taxes, delivery and any other additional charges), and estimated delivery dates.
- If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information and you do not give us the accurate or complete information within a reasonable time of our request, we reserve the right to cancel your order and treat the contract as being at an end. We may also cancel your order if you do anything else which breaches this contract. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
- Minor changes may, from time to time, be made to the goods between your order being placed and us processing that order and dispatching the goods, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the goods and will not normally affect your use of those products. We may make more significant changes to the goods, but if we do so we will notify you 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.
If you are under the age of 18 you may not buy any goods from the site.
5. Right to cancel
5.1 For most products bought online consumers have a legal right to change their mind within 14 days without giving any reason, and receive a refund. You do not have a right to change your mind in respect of:
5.1.1. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
5.1.2. products that are likely to deteriorate quickly (in other words, perishable products);
5.1.3 products that have been personalised or custom-made for you;
5.1.4. any products which become mixed inseparably with other items after their delivery.
5.2. The cancellation period referenced above will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. You may use the model cancellation form available here, but it is not obligatory.
5.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6. Effects of cancellation
6.1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. The goods must be returned in their original unopened packaging. If the packaging is opened or damaged, you will not be entitled to any refund.
6.3. We will make the reimbursement without undue delay, and not later than:
6.3.1. 14 days after the day we received back from you any goods supplied; or
6.3.2. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
6.3.3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
6.6. If you have received goods:
6.6.1 you shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us;
6.6.2. you will have to bear the direct cost of returning the goods (unless you are returning the goods because they are faulty or misdescribed or because you have another legal right to do so as a result of something we have done wrong); and
6.6.3. you are only liable for any diminished value of the goods resulting from their handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Any goods to be returned must be sent to the address we notify for this purpose (which shall be provided to you on request). If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.1. We use Royal Mail to deliver our goods. During the online checkout process, you will be given available delivery options to choose from.
7.2. The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.6). Delivery dates are approximate and time of delivery is not guaranteed.
7.3. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence or other natural disaster, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, failures of suppliers or sub-contractors to do what they are supposed to, or any other event that is beyond our reasonable control.
7.4. Delivery will take place at the address specified by you when you placed your order with us.
7.5. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:
7.5.1. let you know;
7.5.2. cancel your order (or allow you to cancel your order if you wish to do so); and
7.5.3. give you a refund (minus the cost of delivery if the reason for the failed delivery is caused by your failure to give us adequate delivery instructions or to cooperate with us in arranging redelivery if applicable).
7.6. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.7. You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods. Ownership of the goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
7.8. Please note that we only sell to customers in the United Kingdom. We do not make deliveries to any addresses outside of the UK.
8. Price and Payment
8.1. The price of the product (which includes any associated VAT) will be the price indicated on the order page when you placed your order. All prices are in pounds sterling (£)(GBP). We make all reasonable efforts to ensure that all prices shown on our site are correct at the time of going online. In the unlikely event that any products are incorrectly priced, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
8.2. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
8.3. Delivery charges are included in the price of goods displayed on our site.
8.4. Payment for goods must always be made in advance and you will be prompted to pay during the order process. Payment must be made via our third party payment provider (currently Stripe), according to the details communicated to you during the payment process. You will be charged when we process your order. By providing payment provider information via our site and authorising payment, you represent and warrant that you are legally authorised to provide such information and to perform payments using your chosen payment method.
8.6. If your payment is not received by us and you have already received the goods, you must:
8.6.1. pay for such goods as soon as possible and in any case within 30 days; or
8.6.2 return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use or unseal them before you return them to us.
8.7. If you do not pay for the goods and fail to return them in accordance with clause 8.6, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this. Additionally, if any payment due to us is not made on time, we may charge you interest on the overdue sum at the rate of 4% above the base lending rate of the Bank of England. Interest will accrue on a daily basis from the due date until the actual date of payment of the overdue sum, whether before or after judgment. Any interest due must be paid at the same time as the overdue sum.
8.8. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
9. Nature of the goods and disclaimer
9.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
9.2. We are under a legal duty to supply you with goods that are in conformity with this contract.
9.3. The packaging of the goods may be different from that shown on the site.
9.4. We make all reasonable efforts to ensure that all descriptions and graphical representations of the goods sold on our site correspond to the actual products that you will receive. While we try to make sure that:
9.4.1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in the goods; and
9.4.2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
9.5. The information contained in the goods and on their packaging is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the goods or the information contained in/on the goods for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9.6. While there is third party evidence from research that menopause supplements can help alleviate menopausal symptoms, insofar as is permitted by law we make no claims, representations, warranties or guarantees that the goods will meet your requirements or expectations, produce or achieve any specific result or effect, or that they are suitable or safe for your consumption. The goods are not a medically regulated product. The goods should not be taken if you are pregnant. Any information provided by us about the goods sold on our site or otherwise is not intended as professional medical advice or to replace the advice of a doctor or other health care professional. You should consult a doctor, pharmacist or other qualified health professional before consuming our goods if you have any existing conditions, if you are taking prescription medication or you have any concerns regarding your health. It is your responsibility to determine whether the goods are suitable considering your health profile and personal circumstances and consuming the goods is entirely at your own risk. It is your responsibility to familiarise yourself with the ingredients comprising the goods and ensure they are not incompatible with any allergies or intolerances you suffer from. If you experience an adverse reaction, stop taking the goods and seek medical assistance immediately.
9.7. Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.8. If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
9.8.1. we will let you know if we intend to do this but this may not always be possible; and
9.8.2. you can refuse to accept such substitutes; in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
10 Faulty goods and complaints
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1. visit our webpage;
10.1.2. contact us using the contact details at the top of this page; or
10.1.3. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10.2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3. If your goods are faulty, please contact us using the contact details at the top of this page.
10.4. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us at email@example.com.
11. End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12.1. We may transfer our rights and obligations under these terms to another organisation (for example, if we sell our business). If this happens we will ensure that the transfer will not affect your rights under the contract.
12.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13. Limitation on our liability
13.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1. losses that were not foreseeable to you and us when the contract was formed;
13.1.2. losses that were not caused by any breach on our part;
13.1.3. business losses – we make no warranty or representation that the goods are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale) and we will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity; or
13.1.4. losses to non-consumers (we only supply our goods for domestic and private use).
13.2. To the fullest extent permitted by law, our total legal responsibility to you under this contract will not exceed the sum paid by you for goods under the purchase in relation to which your claim arises. Nothing in this contract seeks to limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else which may not be excluded by law. Nothing in this contract seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Third party rights
This contract is between you and us. No other person shall have any right to enforce any term of this contract.
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.
16. Waiver of Rights
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
17.2. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
17.3. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.