Let food be your medicine
We take our legal responsibilities to our customers seriously - please take time to read through this section thoroughly as these terms and conditions will be the basis of our contractual agreement when you place orders with us. Your statutory rights are not affected by thsese terms.
BY ORDERING ANY OF THE PRODUCTS, YOU AGREE TO BE BOUND BY THESE CONDITIONS
REFERENCES IN THESE CONDITIONS TO "YOU" AND "YOUR" ARE TO YOU, THE INDIVIDUAL ACCESSING THE WEBSITE AND PURCHASING THE PRODUCTS; TO "SERVICES" REFER TO THE SERVICES THAT WE OFFER FROM TIME TO TIME ON THE WEBSITE; TO "CONTENT" REFER TO THE TEXT, GRAPHICS, PHOTOGRAPHS, INFORMATION AND ALL OTHER MATERIAL DISPLAYED FROM TIME TO TIME ON THE WEBSITE; AND TO "WE", "US" AND "OUR" REFER TO LIFE WITHOUT DRUGS AND TEMPLE HEALTH FOODS.
1. Information about us
WWW.LIFEWITHOUTDRUGS.CO.UK (our "Website") is operated by TEMPLE HEALTH FOODS. Our registered office address is 17 TEMPLE FORTUNE PARADE, LONDON, NW11 0QS
2. Use of Our Website
2.1 We endeavour to ensure that our Website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if our Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed for any reason. Please note that access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
2.2 By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, and discriminatory or in breach of confidence or privacy or a third party's rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our Website in breach of this Condition.
3. How the Contract is formed Between You and Us
3.1 Your order constitutes an offer to us to buy Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (subject to these Conditions) once the Product(s) have been dispatched (the "Order Acceptance"). The contract between us will only be formed when we send to you the Order Acceptance.
3.2 The contract between you and us will relate only to those Products whose order we have accepted in the Order Acceptance. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been accepted in a separate Order Acceptance.
4 Deliveries, Risk and Title
4.1 The sale of the Products listed on our Website is subject to the availability of those Products.
4.2 We use every reasonable effort to ensure that the descriptions and photographs of the Products are as accurate as possible but give no warranty in respect of the accuracy of this information. • 4.3 We endeavour to deliver the Product(s) within 7 business days of the date of the Order Acceptance, unless otherwise stated in the Order Acceptance or unless there are exceptional circumstances.
4.4 The prices for delivery of the Products are set out on our Website, as amended from time to time.
4.5 The Products will be at your risk from the time of delivery, or attempted delivery, to the address you specify in your order.
4.6 Ownership of the Products will only pass to you following delivery if we have received full payment of all sums due in respect of the Products, including delivery charges.
4.7 We endeavour to ship orders by national postal service or upon request by courier within 1 business day of receipt of order. Allowance must be made for weekends and national holidays. There may be circumstances where it may be necessary to allow 3-5 business days for delivery.
5 Order Cancellations
5.1 If you are ordering Products as a consumer, you may cancel your order with us at any time within 7 days, beginning on the day after you receive the Products.
5.2 To cancel your order, you must inform us in writing within 7 days and return the Product(s) to us immediately, in the same condition in which you received them together with all packaging and instructions that were supplied with the Product (see Condition 6.4 below).
5.3 If we do not receive notification of the cancellation in writing within the 7 day period and delivery of the returned Products promptly in a good condition, your request to cancel the order will be rejected.
5.4 Details of this statutory right to cancel your order, and an explanation of how to exercise it, are provided in the Order Acceptance. This provision does not affect your statutory rights. • 5.5 Provided that you cancel your order and return the Products to us in accordance with the requirements of these Conditions, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy.
5.6 We reserve the right to terminate and cancel your order with us if: a. we have insufficient stock to deliver the Products you have ordered; b. we do not deliver Products to the geographical location requested in your order; c. One or more of the Products that you ordered was listed at an incorrect price due to an error in the pricing information on the Website.
5.7 If we do terminate and cancel your order with us, we will notify you as soon as possible by e-mail and will re-credit the amount paid by you to your account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any compensation in respect of this cancellation.
6 Refunds Policy
• 6.1 Should you wish to cancel your order or return a Product to us due to it being damaged , please notify us by contacting us at our registered office address, clearly describing the reason that you wish to obtain a refund: a. by email to firstname.lastname@example.org; or b. by post to TEMPLE HEALTH FOODS, 17 Temple Fortune Parade, London, NW11 0QS • 6.2 Should any of the Products we deliver be damaged or the incorrect quantity, you should notify us of this in accordance with Condition 6.1 within 30 days of receipt and return the Product to us promptly in accordance with this Condition 6. • 6.3 Products must be returned in accordance with this Condition 6, otherwise the cancellation of the order and/or the refund may be rejected. • 6.4 All returns of Products are made at your own cost and risk. Therefore, we strongly recommend that you use an insured delivery method such as Royal Mail Special Delivery. • 6.5 All Products must be returned in the same condition in which you received them, together with your proof of purchase and all packaging and instructions that were supplied with the Product. • 6.6 We will endeavour to refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due promptly and, in any case, within 30 days of the day we receive your cancellation or the day we confirm to you via e-mail that you are entitled to a refund for delivery of a Product. • 6.7 We reserve the right to replace damaged Products or refund you in full in respect of damaged Products, which are returned within the time period set out in Condition 6.2, including a refund of the delivery charges for sending the item to you. All Products returned as damaged, which are returned outside the 7-day period referred to in Condition 5.1 above, will be checked and if found to have no damage will be returned to you.
7 Price and Payment
7.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
7.2 Prices include VAT
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit/debit card. We accept payment by Visa, MasterCard, or PayPal. We will charge your credit/debit card at the time that you make your order. Should we not have a Product available for dispatch at the time of taking your payment; your payment will be regarded as a pre-payment. Orders for Products made by telephone can be paid for by cheque, credit/debit card or bank transfer. We reserve the right to refuse any credit/debit card transactions.
7.7 We do not store, nor do we intend to store any financial details submitted to us, including credit and debit cards.
8 Our Liability
• 8.1 THE PRODUCTS THAT YOU PURCHASE FROM THIS WEBSITE ARE THIRD PARTY PRODUCTS. DUE TO THE NATURE OF THESE PRODUCTS , WE DO NOT GUARANTEE THAT ANY OF THE PRODUCTS WILL BE FIT FOR PURPOSE OR OF SATISFACTORY QUALITY AND WE HEREBY DISCLAIM ANY SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS DISCLAIMER DOES NOT AFFECT YOUR STATUTORY RIGHTS AGAINST THE THIRD PARTY SELLER. FURTHERMORE, WE DO PROVIDE A RETURNS POLICY IN CONDITION 6 IN RESPECT OF DAMAGED PRODUCTS WHICH ARE RETURNED IN ACCORDANCE WITH CONDITION 6. • 8.2 EXCEPT AS SET OUT IN CONDITION 8.3, OUR LIABILITY IN CONNECTION WITH ANY PRODUCT PURCHASED THROUGH OUR WEBSITE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT. • 8.3 THIS DOES NOT INCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU: a. FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; b. UNDER SECTION 2(3) OF THE CONSUMER PROTECTION ACT 1987; c. FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR d. FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR ATTEMPT TO EXCLUDE, OUR LIABILITY • 8.4 WE ACCEPT NO LIABILITY FOR ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. • 8.5 WE GIVE NO REPRESENTATION, WARRANTY OR GUARANTEE IN RESPECT OF THE WEBSITE, THE AVAILABILITY OF THE WEBSITE, THE CONTENTS OR ANY OF THE SERVICES FROM TIME TO TIME AVAILABLE IN CONNECTION WITH THE WEBSITE.
9 Events outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a "Force Majeure Event").
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures; electrical power failures, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, acts of God; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; shortage of labour or materials; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; non-performance of third parties; loss of or fluctuations in heat, light or air conditioning; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government or foreign courts or tribunals.
9.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
10 Copyright in Our Website
10.1 The copyright and other intellectual property rights subsisting in the Content on our Website are owned by us and our licensors and we expressly reserve all rights in the same. You may print and download extracts from the content of our Website for your own non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
10.2 Unless we state otherwise, all other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purpose whatsoever without our prior written permission.
11.1 The products advertised in the Web Site are intended for sale to persons dealing as Consumers and are not for re-sale.
11.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between Us, so that no contractual rights are conferred on third parties. .
11.3 Any contract between us shall incorporate these terms and conditions and be under English law. If there is any dispute, the English Courts will have exclusive jurisdiction.
12 Our Right to Vary These Terms and Conditions
12.1 We have the right to revise and amend these Conditions from time to time.
12.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).