Terms and Conditions
Last updated on 1st January 2020
1. CONTRACT FOR PURCHASE OF PRODUCTS
1.1. Organic Apoteke Brand is a registered in England & Wales with company number 0954 5889, whose address is at 1 Muirfield, Great Denham, Bedford, MK40 4FB, United Kingdom (“we”, “us” or “our”)
1.2. “You” means a person who orders or has ordered the supply of any product through the website at https://www.organicapoteke.com/ (the “Site”) or third party webshop.
1.3. All purchases through the Site are made subject to these terms & conditions. We may vary these terms & conditions from time to time at our discretion. The terms & conditions that apply to your order will be those published on the Site at the time that you submit the relevant order pursuant to Clause 1.4
1.4. You should make an order by completing and submitting the order form on Order page of the site in accordance with instructions on the Order Form in respect of the products that you specify on the form (the “Products”). We may accept or reject the order in our sole discretion without giving reason and shall endeavour to notify you of such acceptance or rejection. An acknowledgement of receipt of your order form shall not constitute acceptance of it. Similarly, neither payment by you nor acceptance of payment by us will constitute acceptance of your order
1.5. Acceptance of your order form will take place (and the contract between you and us will come into effect) when we send you an email accepting you order to the email address [provided by you at the time of] your order. If we decline to accept your order, we will refund any monies paid by you in respect of that order (subject to you providing any necessary details for refund)
2.1. The Products shall contain the ingredients set out in their description on the Site
2.2. Other descriptions including pictures or diagrams of the Products (including packaging), are for guidance only and intended to merely present a general idea of the Products. Nothing contained in any such description or illustration shall form any part of these terms and conditions.
3. PRICE & DELIVERY CHARGES
3.1. The price of the Products will be those displayed on the Site at the time that you submit your order form, subject to an inadvertent technical error for which we will not be liable
3.2. The prices displayed next to each of the Products on the Site are inclusive of any VAT payable but exclude any applicable handling or delivery charges.
3.3. Prices for handling and delivery are set out on the Site
4.1. You must make payment in full at the time you submit your order.
4.2. If you are ordering online, payment must be made by any of MasterCard, Visa, American Express, JCB, Diners Club, Switch, Solo or Visa Electron. All debit card and credit card numbers are encrypted and are processed via the WorldPay Internet Payment System.
5.1. We shall endeavour to arrange for dispatch of your Products within 14 days of receipt of your payment in full
5.2. You shall state the delivery address where products are to be delivered in the order form
5.3. All deliveries must be signed for upon receipt of the products, whereupon they shall be deemed deliveries [For this reason we cannot deliver to PO Box numbers]
5.4. We shall be entitled to assume that any person who signs acknowledgment of receipt of the Products is authorised to sign by you
5.5. Risk or loss or of damage to, and title to, the Products shall pass to you at the time of delivery of the Products by the courier or postal service as described in Clause 5.3
5.6. We reserve the right to charge you for any costs incurred by us if:
5.6.1. you have provided us with an incorrect delivery address on the order form, or
5.6.2. neither you nor anyone else is available to sign for the products
6. INSPECTION, TRANSIT DELAYS AND NON-DELIVERY
6.1. Nothing in this clause effects your rights under Clause 7.1
6.2. You must inspect the Products as soon as is reasonably practicable after delivery, Within seven days of delivery you shall notify us in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly .
6.3. Subject to Clause 6.2, if you establish to our reasonable satisfaction that any Product is defective or not in accordance with your order or these terms, your sole remedy shall be your choice of either the replacement of the relevant Product or the refund to you of the purchase price for the relevant Product including handling and delivery.
7.1. Subject to the products being unused and unopened, you may [if you are a consumer under the Consumer Protection (Distance Selling) Regulations 2000] by notice in writing to us cancel or part-cancel an order within seven days excluding weekends and public holidays in the UK (each such day being a “Working Day”) and shall be entitled to a full refund (less any delivery costs)
7.2. If you would like to cancel an order pursuant to Clause 7.1, you must return the Products (in a saleable condition) that are to be cancelled to Customer Services, Organic Apoteke, 1 Muirfield, Great Denham, MK40 4FB, United Kingdom.
7.3. If you fail to return the Products as described in Clause 7.2, we may at our own discretion arrange for the collection of the Products via courier, the cost of which will be deducted from any refund that is made to you.
8.1. Nothing in these terms and conditions will restrict our liability for death or personal injury resulting from our negligence of for fraud or for any other liability which cannot be excluded by law.
8.2. Except as expressly set forth in these terms and conditions, all conditions, warranties and representations expressed or implied by statuate, common law or otherwise with respect to the Products are excluded to the fullest extent permitted by law and, subject to Clause 8.1, in no event shall we be liable for any negligence or tortuous loss. In no event shall we be liable for any indirect or consequential loss howsoever caused.
8.3. We accept no responsibility for any adverse effect that you may suffer as a result of any one or combination of the ingredients of the Products.
8.4. Subject as provided in Clauses 6.3 and 8.1, any liability whether in contact, tort or otherwise on our part in respect of any defect in the Products or of any duty owed to you under or in connection with these terms and conditions shall be further limited in the aggregate to the repayment of the amount paid by you for the Products in question.
8.5. If we are hindered or prevented from performing our obligations under these terms and conditions, for any cause beyond our reasonable control or by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of, or cancel the whole or any part of the contract. In that event, we shall not be held responsible for its delay or cancellation or any inability to deliver
9. DATA PROTECTION AND PRIVACY
9.1. This Clause 9 sets the data-processing practices carried out by us through the use of the Internet.
9.2. In processing your order form for the products, we may make enquiries about you, including searching records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
9.3. We collect personal information from visitors to this Site through the use of online forms and every time you email us your details. We also collect information about the transactions you undertake. (Worldpay processes the the credit card payments)
9.4. We process personal information collect in this way for the purpose of providing and personalising our services; dealing with your inquiries and requests; administering your orders and accounts;processing payment for your orders;and providing you with information about products, services and promotions.
9.5. You can choose to unsubscribe from our mailing list be e-mailing us at [email protected] with the subject title “Unsubscribe”
9.6. Your credit card card details are encrypted and passes directly from your internet browser to the payment gateway
9.7. All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of visitors’ information.
9.9. We will disclose your personal information only to government authorities or other bodies exercising statutory or supervisory powers, but only if required to do so by law, or to our own professional advisors in strict confidence.
9.11. You have the right to access the personal data held about you. To obtain a copy of the information we hold about you, please write to us at the address in Clause 1.1 Please quote your name & address. Please also give brief details of the data of which you would like a copy to enable us to identify it more readily. We will require proof of your identity before providing you with details of any personal information that we may hold about you. We will charge to cover the administration costs involved in providing you with a copy of your information.
9.12. Given that the internet is a global environment using the internet to collect and process personal data necessarily involves transmitting data internationally. Therefore by browsing the site and communicating electronically with us, you acknowledge and aggress to our processing your personal data in this way.
10.1 Any and all notices to be given by either one of us to the other pursuant to or in connection with these terms and conditions or any contract entered into between us shall be deemed given when sent by email or fax in each case addressed to you at the e-mail address or fax number you have given us or to us at the e-mail address or fax number on the Site
10.2 You must quote the order reference number shown on the order form in all correspondence with us
10.3 The Site can be accessed via hyperlinks from third parties, without prior knowledge of Organic Apoteke Ltd. We also reserve the right to prohibit hyperlinks to third party websites that could harm the image or functionality of our website.
10.3 Reproduction/copying of contents or data, and in particular use of copy texts, or parts thereof, or images requires the prior permission of Organic Apoteke Ltd.
10.4 These terms and conditions supersede and extinguish any prior agreements, undertakings, promises or conditions, whether oral or written, express or implied between you and Organic Apoteke Ltd relating to the present order for the supply of goods by Organic Apoteke Ltd.
10.5 A failure or delay by us in enforcing compliance with these terms & conditions shall not be a waiver of that or any other provision of these terms
10.6 If any provisions of these terms and conditions shall be unlawful, void or for any other reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
10.7 None of these terms shall be enforceable under the Contract(Rights of Third Parties) Act 1999 by any third party.
10.8 English law governs these terms. You and we submit to the non-exclusive jurisdiction of the English courts.
We meet our obligations under the consumer protection laws currently in force, including:
- The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- The Consumer Protection (Distance Selling) Regulations 2000.
- The Consumer Protection Act 1987.
- The Data Protection Act 1998.
- The Sale of Goods Act 1979.
- The Supply of Goods and Services Act 1982.
- The Consumer Credit Act 1974.
- The Trade Descriptions Act 1968.
- The Unfair Contract Terms Act 1977 and the 1999 Regulations.
11. Intellectual property
11.1 The trade marks, logos and service marks (‘intellectual property’) displayed on our website are the registered and unregistered marks of Organic Apoteke™, our affiliates, our licensors and/or our and are protected by UK and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent