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Terms & Conditions

Agreed terms

1.            About us

1.1         Company details. Nutrisure Limited (company number 07139214) (we and us), is a company registered in England and Wales and our registered office is at North Barn Sulis Down Business Village, South Stoke, Bath, England, BA2 7PQ. Our main trading address is Units 1 & 2, Ashmead Business Park, Bristol, BS31 1SX. Our VAT number is 302832241. We operate the following website www.supernutrients.co.uk.

1.2         Contacting us. To contact us email info@supernutrients.co.uk.  How to give us formal notice of any matter under the Contract is set out in clause 14.2.

2.            Our contract with you

2.1         These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2         The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3         These Terms and the Contract are made only in the English language.

2.4         You should print a copy of these Terms or save them to your computer for future reference.

3.            Placing an order and its acceptance

3.1         You should place an order by following the onscreen prompts on the relevant website (Order). Each Order is an offer by you to buy the goods specified in the Order (Goods) subject to these Terms.

3.2         Our order process allows you to check and amend any errors before submitting your Order to us. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.

3.3         After you place an Order, you will receive an email from us acknowledging that we have received it. Our acceptance of your Order will take place as described in clause 3.4.

3.4         We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

3.5         If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4.            Goods

4.1         Any samples, drawings or advertising produced by us and any illustrations contained in our catalogues, brochures or on our websites are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force. The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

4.2         The packaging of your Goods may vary from that shown on images on our website.

5.            Delivery

5.1         We will deliver the Goods to the location set out in the Order or such other location as we may agree with you (Delivery Location) at any time after the Dispatch Confirmation.

5.2         We endeavour to ship Orders placed by 2pm on a working day via our website the same day, if the order is placed on a non-working day it will be shipped the next working day. However, any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.3         Delivery is complete once the Goods have been unloaded at the Delivery Location.

5.4         If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by a Force Majeure Event, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

5.5         If after we notified you that the Goods were ready for delivery you have not taken or accepted actual delivery of them, we may resell or otherwise dispose of part or all of the Goods, having provided a refund and after deducting reasonable shipping costs.

5.6         We shall endeavour to deliver all orders in one shipment, but where this is not possible, we may deliver the Goods by instalments.

5.7         For the purposes of the Contract Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

6.            Title and risk

6.1         The risk in the Goods will pass to you on completion of delivery.

6.2         Title to the Goods shall pass to you when we receive payment in full (in cleared funds) for the Goods.

7.            International delivery

7.1         Please note that orders placed via our websites will only be delivered to addresses within the UK.

8.            Price of goods and delivery charges

8.1         For Orders made via our website the price of the Goods will be the price as quoted on our website at the time you submit your Order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.4 for what happens if we discover an error in the price of Goods you ordered via the website.

8.2         Prices on our website are inclusive of VAT.

8.3         The price of the Goods does not include delivery charges. For website Orders our delivery charges are as advised to you during the check-out process, before you confirm your Order.

8.4         We sell a large number of Goods through our website. It is always possible that, despite our reasonable efforts, some of the Goods on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

8.4.1     where the Goods' correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Goods to you; and

8.4.2     if the Goods' correct price is higher than the price stated on our website, 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 Goods 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 Goods and refund you any sums you have paid.

9.            Payment

9.1         For Orders placed via the website we only accept payment with Paypal or credit / debit card. You must pay for the Goods before we dispatch them.

10.         Quality

10.1      We provide a warranty that on delivery the Goods shall:

10.1.1  subject to clause 4, conform in all material respects with their description; and

10.1.2  be free from material defects in design, material and workmanship;

10.2      Subject to clause 10.3, if:

10.2.1  you give us notice in writing within 48 hours of delivery that some or all of the Goods do not comply with the warranty set out in clause 10.1;

10.2.2  we are given a reasonable opportunity of examining the Goods; and

10.2.3  if we ask you to do so, you return the Goods to us at your cost,

we will, at our option, replace the defective Goods, or refund the price of the defective Goods in full.

10.3      We will not be liable for breach of the warranty set out in clause 10.1 if:

10.3.1  you make any further use of the Goods after giving notice to us under clause 10.2;

10.3.2  you alter or repair the Goods without our written consent;

10.3.3  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

10.3.4  the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

10.4      We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10.1 to the extent set out in this clause 10.

10.5      The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

10.6      These Terms also apply to any replacement Goods supplied by us to you.

11.         Our liability: your attention is particularly drawn to this clause

11.1      References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.2      Nothing in these Terms limits or excludes our liability for:

11.2.1  death or personal injury caused by our negligence;

11.2.2  fraud or fraudulent misrepresentation;

11.2.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

11.2.4  defective products under the Consumer Protection Act 1987; or

11.2.5  any other liability that cannot be limited or excluded by law.

11.3      Subject to clause 11.3, we will under no circumstances be liable to you for:

11.3.1  any loss of profits, sales, business, or revenue;

11.3.2   loss of agreements or business opportunity;

11.3.3  loss of anticipated savings;

11.3.4  loss of or damage to goodwill; or

11.3.5  any indirect or consequential loss.

11.4      Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.

11.5      Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. 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 Goods are suitable for your purposes.

12.         Termination

12.1      Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

12.1.1  you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;

12.1.2  you fail to pay any amount due under the Contract on the due date for payment;

12.1.3  you take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

12.1.4  you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

12.1.5  your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

12.2      Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

12.3      Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

13.         Force Majeure

13.1      Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from an event, circumstance or cause beyond that party's reasonable control (Force Majeure Event). In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. Where a Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date with you after the Force Majeure Event is over.

13.2      [If the period of delay or non-performance continues for 30 days the party not affected may terminate the Contract by giving written notice to the affected party.

14.         Communications between us

14.1      When we refer to "in writing" in these Terms, this includes email.

14.2      Any notice or other communication given 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.

14.3      A notice or other communication is deemed to have been received:

14.3.1  if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

14.3.2  if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

14.3.3  If sent by email, at 9.00 am the next Business Day after transmission.

14.4    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15.         General

15.1      Assignment and transfer.

15.1.1  We may assign or transfer our rights and obligations under the Contract to another entity.

15.1.2  You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

15.2      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).

15.3      Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

15.4      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. If any provision of the Contract is deemed deleted under this clause 15.4 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

15.5      Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

15.6      Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes or claims (including non-contractual disputes or claims) arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.