Terms & Conditions
Welcome to the Elixan website, www.elixan.co.uk (the website). This page tells you information about Elixan and the legal terms under which you may use the website and on which we sell products and manage events through the website. These terms apply whether you are a guest or a registered user, and whether you are just accessing or browsing the website, or registering and creating an account with us. The Terms and Conditions will apply to any contract between Elixan and you for the sale of Nutri Advanced products, the purchasing of Elixan products, and all other transactions carried out using the website.
The website is owned and operated by Elixan.
Please read the Terms and Conditions carefully before you use our website, and contact us or a legal advisor if you have any questions. By using the website you confirm that you have read, understood and agree to the Terms and Conditions and that you agree to be bound by them.
If you do not agree to be bound by all of the Terms and Conditions, please do not proceed and please refrain from using our website.
These Terms and Conditions are effective from 1st of June 2017 and include:
- Terms covering the permitted and prohibited uses of our website, and standards for content that you may submit to the website;
- Terms that will apply and that you will be subject to when you choose to purchase products on our site
Changes to the Website and the Terms and Conditions
We update the website regularly and you should note that we may change, withdraw or correct any website content or our services at any time. While we endeavour to keep the website up to date, please be aware that on very limited occasions, content may be out of date.
We may also change the Terms and Conditions from time to time without notice. You should check this page regularly to take account of any changes as the Terms and Conditions are legally binding on you.
Access to the Website
You are responsible for making all arrangements to enable you to access the website. You must also ensure that all persons who access the site through your internet connection are aware of all of the Terms and Conditions and that they comply with them.
We make all efforts that we reasonably can to keep the website up and running smoothly. However, from time to time we may be required to suspend operation of the website or restrict access to it without notice to you. This may be for repair, maintenance, improvement or for another technical reason. We do not guarantee that the website will be available all of the time or that your use of it will be uninterrupted or error-free.
We try to ensure that the website is free from software bugs, viruses and other malicious or harmful content, but we do not guarantee that the website will be completely secure or free from these items or content that may cause damage to your computer or other device. It is important that you have in place suitable security and protection software to protect your computer and other devices.
If you use, or we provide you with, a user identifier or password for security purposes and to enable you to access certain areas of the site, it is important that you keep these confidential and do not disclose them to anyone else. If we believe, in our reasonable opinion, that you have not complied with the Terms and Conditions, we reserve the right to suspend your account or disable access to the site via your user identifier.
Use of the website from outside the UK
Unless specified otherwise, the website and its content cover our products and services available in the UK or the Republic of Ireland (ROI) as applicable. If you access the website from outside the UK or the ROI, please be aware that you are responsible for compliance with any applicable local laws. Depending on your location, there will be restrictions on product availability and delivery. Currently we do not delivery to locations outside of the UK or the ROI. Other products that do not require delivery are available world wide.
Information about You
Content of the Website
We have taken reasonable care in the preparation of the content of the website. Information and materials provided by us are provided in good faith using sources that we believe to be reliable. However, the content of the website is not intended to amount to advice upon which you should rely, and any reliance you place on such content is at your own risk.
You are responsible for ensuring that any information, goods or services available on or through the website meet your specific requirements and you should seek specialist advice before taking or refraining from taking any action based on the content available on or via the site.
We use reasonable endeavours to make sure that the information on the website is correct, but we do not guarantee that the website content is accurate, up-to-date, error-free, complete or suitable for your particular requirements or will achieve any particular results in your or any case, and we do not guarantee that it does not infringe the rights of any third party.
Where content is submitted by other users of the website using our interactive services, user forums or via third party social media facilities, please note that the views expressed by those other users on the website or on any related sites do not necessarily represent our views or values.
Disclaimers and Limit of Liability
Please read these provisions carefully as they limit our legal liability in connection with your use of the website.
As far as is permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it.
We shall be liable to you in respect of any fraud or other criminal act committed by us, and in respect of any personal injury or death arising from our negligence. All other liabilities are excluded to the fullest extent permitted by English law.
Except where required by applicable law, we will not be responsible for or liable to any user or third party for any loss or damage arising in connection with:
- the use of, or inability to use, the website;
- the use of or reliance on any content displayed on or given via the website or any related social media or third party sites;
- any errors or inaccuracies in such content;
- use of websites linked to our website;
- any unavailability of the website;
- the use of or reliance on content submitted by any user of the website, whether appearing on the website or on a related social media site or other related third party site;
- a virus or other technologically harmful material that may affect your computer, software, data or other materials and which arises from your use of the website or your downloading of any content.
If you are a business, you may only use the site for your own internal business purposes and please note that we will not be liable for:
- loss of profits, sales, business, or revenue;
- loss of use, or any business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer, please note that the website is for your private use only and you agree that you will not use it for any commercial or business purposes. We will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Copyright and Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the website, the computer code comprising the website, and in the content on the website including any materials published on it. The website and these materials, including any trademarks and logos, is copyright of Elixan and all rights are reserved.
Unless we have given you our express written permission, you may not commercially exploit, or use for any commercial purpose whatsoever, all or any part of the website or its content. If you wish to make enquiries about a licence to reproduce material from the website, please contact us or the copyright owner.
Unless we have given you our express written permission, you are not allowed to copy, download, print, redistribute, reproduce, transmit, broadcast, record, edit, re-post any part of or all of the website or its content in any form, except that:
- You may print off one copy of the content and may download extracts of the content in an unaltered form for your personal reference and non-commercial use only;
- You may copy the content to individual third parties for their personal and non-commercial use, but only if you acknowledge the website as the source of the material and also acknowledge our intellectual property rights in the content. You must also acknowledge our status (and that of any contributors) as originators and authors of the content.
You must not modify any such copies or downloads, and any illustrations, photographs, video sequences or graphics must include their accompanying text.
A list of registered trademarks is available on request.
Linking to and from Our Site
You may link to our homepage provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website not owned by you, and the website from which you are linking must comply in all material respects with the principles set out in our content standards set out below and the Terms and Conditions.
Our website must not be framed on any other site without our prior written permission, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice at our sole discretion.
You may find that the website includes links to other websites provided by third parties. These links are provided for your convenience and we have no control over and shall not be responsible for the content of any linked websites. The existence of any links does not imply that we recommend or endorse the content in any linked websites.
Your Use of the Website
You may only use the website for lawful purposes and you may not use it in a way that infringes anyone else’s rights or that restricts or inhibits anyone else’s enjoyment of the website.
You are prohibited from using or exploiting our website or content:
- For any commercial purposes without our express written permission;
- For data mining or for market research purposes or for collecting users’ personal or contact information;
- For the purpose of harming or attempting to harm anyone in any way;
- To divert users to other websites;
- To promote, advertise or market any other services or products without our prior written approval;
- For any unlawful or fraudulent purpose, or in a way which breaches any applicable local, national, or international law or regulation;
- To send, knowingly receive, upload, download or use any material which does not comply with our content standards (detailed below);
- To transmit, or procure the sending of unsolicited or unauthorized advertising or promotional material (spam);
- To knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or other programs or code designed to harm or adversely affect the operation of any computer software or hardware;
- To interfere with, damage or disrupt the website or any part of it including any computer code, equipment, network comprising or used in the provision of the website.
Please note that any unauthorised use of the website, any part of it or its content may give rise to a claim for damages and may be a criminal offence.
Submitting Content to the Website
When you submit content to the website or to any related third party website or page such as our Facebook page, Twitter or YouTube, or social networking site, or when you make contact with other users of the site, you must comply with our content standards set out below and the Terms and Conditions. You will be responsible for and liable to us for any loss or damage that we suffer as a result if you do not comply.
You must be 18 years of age or older and be registered with us on the website to submit content. Suppliers and manufacturers may not submit content either directly or indirectly to the website or to our related third party website pages.
Unless we have a specific written agreement with you regarding content that you submit, please note that we will consider any content (other than personal data) submitted to the website, or to any Elixan related third party website or page, to be non-confidential and non-proprietary, and we will have the right to use, edit, copy and distribute this content and disclose it to third parties, for any purpose at our discretion. By submitting content, you confirm and warrant that you have the right to use it, and to grant us these rights over it.
We provide interactive services on the website including services to allow you to submit content and to comment on website content, including commenting via a variety of social media tools and user forums. While we can’t review all submissions by our users, We reserve the right to monitor, moderate and/or remove any information posted, transmitted or received through the website. All decisions regarding moderation and publishing and/or removal of content and comments are at our sole discretion.
We may add to our interactive services from time to time, and we shall provide information about the service and the form of moderation we shall use for each service, based on our assessment of the risks to you and other users of the website. However, we are not obliged to monitor or moderate any content or services we provide and we exclude all liability for any loss or damage arising from the use of any interactive services by a user in contravention of our content standards.
We have the right to remove any submission you make to the website if, in our opinion, your submission does not comply with our content standards.
We also have the right to disclose your identity to any third party who is claiming that any content submitted by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy.
Whilst we encourage you to contribute your views, some people may decide to come onto the website with the intention of causing trouble for other users. If you do choose to break our rules by breaching the Terms and Conditions, we may:
- Suspend or withdraw your right to use our website and/or withdraw any submission made by you to our site, immediately, on a temporary or permanent basis;
- Instigate legal action against you, including action for reimbursement of our costs, losses and damages resulting from the breach;
- Disclose such information to law enforcement authorities as we reasonably feel is necessary; or
- Take any other action we reasonably deem is necessary.
Our content standards apply to all submissions that you make to our website, or to any related third party website or page such as our Facebook page, Twitter or YouTube, or other social networking site.
All content submitted to the website should be polite, in English, and should be accurate as to any facts, or if opinions, should be genuinely held, and must:
- comply with applicable law in the UK and any country from which the submission is made; and
- reference the sources of information and content as appropriate.
Content submitted must not:
- Contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory.
- Contain or promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any illegal activity.
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be made in breach of any legal duty owed to a third party including infringing any copyright, database right or trade mark of any other person.
- Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that it emanates from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Contain comments about other users, reviewers or bloggers on our website.
- Include spam or advertising, third party brand names or trademarks, computer code or website URLs.
- Contain availability, price, or alternative ordering or delivery information or information about our suppliers or manufacturers.
- Be misleading, inaccurate or unfair in respect of products shown on the website.
- Contain information or comments about competitive products or events or any comparisons between competitive products and events and those shown on the website.
Please let us know if you find any submissions which do not comply with these content standards.
If you are a consumer, please note that the Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction over any claim arising from or related to a visit to the website. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England over any claim arising from or related to a visit to the website, although we retain the right to bring proceedings against you for breach of the Terms and Conditions in your country of residence or any other relevant country.
If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between you and us, both oral and written.
To contact us, send an email to email@example.com
TERMS AND CONDITIONS OF SALE
The company you are dealing with and which owns and operates the website www.elixan.co.uk (the website) is Elixan.
Please read the Terms and Conditions carefully before making any orders with us and contact us or a legal advisor if you have any questions. By placing an order with us, you confirm that you have read, understood and agree to the Terms and Conditions and that you agree to be bound by them. If you do not agree to be bound by all of the Terms and Conditions, please do not proceed and please do not place orders with us.
We may change these Terms and Conditions from time to time without notice. You should check this page every time you wish to make an order with us to take account of any changes as they are legally binding on you.
These Terms and Conditions are effective from 1st of June 2017.
If you are a consumer (generally an individual using the website and making orders for personal use), you may only purchase products or make any other transactions with us if you are at least 18 years old.
If you are dealing with us as a business or acting on behalf of a business you confirm that you have authority to legally bind the business and that you are authorised to manage the business’ account with us.
Please note that all Nutri Advanced products sold via Elixan are advised to be used in conjunction with a balanced diet and should not be used as a replacement for a healthy diet and lifestyle.
Registering with Us
You warrant that all information that you provide to us is true, accurate and up to date at all times. You can make any changes to your information and manage your account using the website.
Our Order process
Please follow the steps on the website. If you have any questions about any our products please contact us by sending an email to firstname.lastname@example.org.
The website allows you to check your order details at each stage and make any amendments and correct any errors before placing your order. Details of any product or event special offers are set out on the site. Please read all of the details carefully to ensure that the products and/or the event is right for you and please check all of the details of your order carefully before submitting it to us.
If the products you wish to order are known to be out of stock we will inform you of this and either offer you a refund or expected delivery date once your chosen product is in stock.
After you submit your order on the website we will send you an email acknowledging that we have received it and confirming the details of the order so that you can check them. Please note that this does not mean that we have accepted your order.
We will confirm our acceptance your order by sending you an email stating that the products have been processed. Our acceptance of your order together with the Terms and Conditions forms the legally binding contract (Contract) for the sale and purchase of the products.
Changes to your order
If you wish to change your order, please contact us immediately by sending an email to email@example.com. We will endeavour to make any changes that you require. However, this may not be possible if we have already started processing your order. You must confirm all changes in writing to us within a reasonable time. Please be aware that any changes to an order may result in changes to the price and to the delivery timescales. We will inform you of these when you have made your changes.
Currently we only deliver in the UK. Depending on your location, there may be restrictions on product availability and delivery. Please note that any such deliveries will be subject to customs, legal, regulatory and certain practical restrictions and are therefore at your risk. Please contact us by sending an email to firstname.lastname@example.org with any queries.
If we are unable to supply you with a product (for example because the product goes out of stock or is no longer available after you have submitted your order) or if we are unable to deliver to your chosen address or within the delivery timescales specified, then we will inform you of this by e-mail (giving you a number to contact us) or we will contact you. We will not process your order, and if you have already made a payment for the products, we will ask you if you want us to hold your order until any out-of-stock products are back in stock or if you would like a refund in which case we will refund you the full amount paid as soon as reasonably possible.
Cancellation of Product Orders and Returns
If you are a consumer:
- You have a legal right to cancel your Contract with us under the Consumer Contracts Regulations 2013 at any time up until 14 days after you have received the products that you ordered (if you receive your order in instalments, this means 14 days after your receipt of the final instalment). Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. Your legal rights are not affected by the Terms and Conditions.
- You may also cancel a Contract if circumstances outside our reasonable control occur which affect our ability to supply the products for a period of at least 30 days and as a result you decide that you no longer wish us to supply them.
- If you wish to exercise your right to cancel a Contract after your order has been despatched, we will refund the original purchase price and if you have paid for delivery, our standard delivery charge, provided that you have notified us in writing no longer than 14 working days after you received the products and provided that you have taken reasonable care of them and return them undamaged and unused in the products’ original and undamaged packaging with any security strip intact. You must return them to us as soon as is reasonably practicable (and no later than 14 days after you let us know of the cancellation). Unless the products are faulty or not as described or were incorrectly supplied, you will be responsible for the cost of returning the products to us.
- Please note that we will not be able to provide a refund if the products are not returned to us as set out above or if the security strip on a product is broken, and please also note that we are permitted by law to retain sums to reflect any reduction in the value of the products if this has been caused by your handling them in a way that would not be reasonably permitted in a shop.
- Some of our products have very specific storage requirements (set out on the product label or instructions) to maintain their quality and shelf-life and these are regarded as perishable goods. Your right to cancel and receive a refund does not apply in the case of any products which are perishable goods unless such products are faulty or not as described.
To return a product, just download our returns form (above) or contact us by email at email@example.com or via the Contact Us page on the website.
Any refunds to you will be made to the pay pal account used for placing and paying for your order or direct to your bank via a bank transfer. We will refund your order within 7 working days but please allow up to 14 days for any refund to be processed and to reach your account.
Details of returning a product can be found on our Returns page.
If the Products are faulty or not as described
Faults with Nutri products are rare. If you are 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 the Terms and Conditions will affect these legal rights.
If, on delivery to you the product is faulty or not as described, or the product subsequently develops a fault, then please contact us by sending an email to firstname.lastname@example.org
More details on faulty products can be found on our returns policy.
We take reasonable care to ensure that the products on the website are described accurately and fairly and that product and event information shown is correct and up-to-date. However, it is important for you to note that:
- the images of products on the website are for illustrative purposes only;
- packaging of products may vary from that shown on the website or any of our literature;
- the flavour and texture of our natural products may vary from time to time;
- we cannot guarantee that the colour reproduction that you see on the website or our literature will accurately reflect the colour of the product when you receive it;
- there may be minor differences between the product and its description on the website and there may be typographical or other minor errors or omissions in any description on the website or our literature;
- all products are subject to availability. We will inform you as soon as possible if we are unable to supply any products or events and where appropriate we may offer you a substitute of equal or higher quality and value.
In some circumstances, we may experience difficulties in our supply of products, and we reserve the right to substitute alternative products of equal or greater quality and value at no extra cost to you. If this is the case, we will contact you prior to despatching the substitution and you will have the right to cancel your order, and if you decide to cancel, then we will offer you a refund of the price including any delivery costs (if paid).
The prices of the products and events will be as quoted on the website from time to time in pounds Sterling and include VAT at the applicable rate chargeable in the UK. 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 in full.
Product prices do not include delivery charges, which are quoted on the website from time to time.
The website contains a large number of products and it is always possible that, despite our reasonable efforts, some of these may be incorrectly priced. If we discover an error in the price of the products or event that you have ordered we will inform you of this error and we will give you the option of continuing to purchase 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
During the order and checkout process, we will ask you for your payment details. Payment will be taken via Pay Pal.
Please be aware that for products not available straight away, payments made by PayPal are taken immediately and held in a PayPal holding account until the products are available for dispatch.
Once you have placed your order you will receive confirmation email, you agree to pay us as set out in the Terms and Conditions and in accordance with the terms and conditions of PayPal, our online payments provider.
Our online payment provider is authorised and registered by the Financial Services Authority and is obliged to comply with the Payment Card Industry Data Security Standard (PCI DSS) and to keep all of your personal information secure and private.
If you do not make any payment due to us by the due date for payment, We reserve the right to charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC (or its successors) from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount and any reasonable fees we incur from third parties that we may use to collect overdue amounts, and any reasonable fees in respect of any legal proceedings.
We may request a deposit from you to secure an order, and then we will request the remaining balance from you at a later date. Any deposits made by you in advance will be refunded by us (less our reasonable costs for administration and/or storage) if you do not proceed with your order. In certain circumstances, we may have to ask you for a non-refundable deposit and if this is the case, we will inform you at the time of taking the deposit. Unfortunately, we are unable to refund any non-refundable deposits if you subsequently decide not to proceed with your order.
Delivery of Products
Your order will be fulfilled by the estimated delivery date given when you submitted your order, unless there is a delay due to circumstances outside our control. Subject to your cancellation rights set out above, we will not be liable for any delay or failure to deliver the products due to circumstances outside our control such as delays with Royal Mail. If there is any delay with our processing of your order, we will contact you with a revised estimated delivery date. We will try to deliver all of the products in one order together, unless you have requested otherwise, but we reserve the right to deliver your order in instalments, for example if there is a delay on a particular product. If you request us to deliver in instalments, then we may charge you extra delivery costs at our discretion.
Delivery will be completed when we deliver the products to the delivery address that you specified.
For home deliveries, if no one is available at the address to take delivery, the courier/Royal Mail will leave you a note that the products have been returned to either our couriers or our premises, in which case, please contact the courier or us (as appropriate) to rearrange delivery.
We take reasonable care to ensure that the products and their packaging leave our premises in good condition. Where possible please check your delivery is received undamaged. If your package is received damaged please report it to Royal Mail, take a photograph or the damaged package, do not open it, report it to us at email@example.com and retain the package. PLEASE NOTE: You must contact us within 7 days of receipt of your package, otherwise your complaint may not be upheld.
If your product is received damaged or opened, please DO NOT USE the product, take a photo of the damaged product and contact us at firstname.lastname@example.org and retain the package. PLEASE NOTE: You must contact us within 7 days of receipt of your package, otherwise your complaint may not be upheld.
For home deliveries, if no one is available at the address to take delivery, the courier/Royal Mail will leave you a note that the products have been returned to either our couriers or our premises, in which case, please contact the courier or us (as appropriate) to rearrange delivery
Title and Risk
The Goods shall be at the risk of the Customer following delivery and notwithstanding delivery, title in the Goods shall not pass to the Customer until the Customer has made payment of all sums owing to the Company, failing which the Company shall have the right to repossess or otherwise to recover the Goods. Until title passes, the Customer shall hold the goods as bailee for the Company and shall store or mark them such that at all times they can be identified as the Customers property.
We warrant that the products and our events will comply with their description, and we warrant that the products will be free of material defects for the period set out on the product packaging and/or labels.
It is important that you read the product and event descriptions and any instructions carefully to ensure that they are suitable for your requirements and for use by you. We do not warrant that any product or event will be suitable for use by you or will achieve any particular results for you or, in the case of products, will help alleviate or cure any particular symptoms or condition. If you have any questions please contact us and please seek advice from a qualified medical practitioner.
The warranty does not apply to any defect in the products arising from:
- natural deterioration over time (fair wear and tear) which does not affect the normal usage of the product in accordance with its instructions;
- wilful damage, abnormal storage conditions, accident, negligence by you or by any third party; or
- any failure by you to use or store the products in accordance with the product descriptions or user instructions.
We will perform our obligations under the Terms and Conditions with reasonable care and skill.
If you are a consumer, the express warranties set out in the Terms and Conditions are in addition to your legal rights in the UK in relation to products or services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Offers and Promotional Codes
From time to time, we may make offers and promotions to you using promotional codes, subject to the following terms. Offers and promotional codes:
- must be used in accordance with the terms of the specific promotion or offer;
- may be used against purchases of products or booking of events as set out in the terms of the offer or promotion;
- may be used to pay for orders of a higher price than the promotional amount, on payment of the difference;
- cannot be exchanged for cash;
- are valid for the limited time specified with the offer or promotion.
- cannot be returned or refunded, except in accordance with your legal rights;
- should be looked after by you as cash as Elixan will not accept liability if a promotional code is lost or stolen.
- the voucher code promotions BFGOF and BTGOF can be used a maximum of 15 times per customer per annum.
Limits on Our Liability
You must follow the advice given to you in the user instructions for the product. We cannot accept liability for deterioration of products or damage to products we have supplied which is caused by your failure to follow this advice including where deterioration or damage is caused by your lack of care with regard to the use or storage of the products in accordance with the instructions. You are responsible for storing the products over time and for ensuring that they continue to be safe to use. Except as set out below, we shall not be liable for any indirect or consequential losses or damages that arise out of a product fault not caused by us.
Please note that 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 circumstances outside our reasonable control that directly or indirectly delays or prevents our timely performance under the Contract. Any agreed dates or times shall be postponed automatically for the period of delay arising from such circumstances.
Except as set out below and otherwise in the Terms and Conditions, we will not be responsible for or liable to any user or third party for any loss or damage arising in connection with:
- the use of, or inability to use or access, events;
- the use of or reliance on any content of events, or any errors or inaccuracies in such content;
- any unavailability of the events due to circumstances outside our reasonable control;
- in respect of online events, a virus or other technologically harmful material that may affect your computer, software, data or other materials and which arises from your use of the event or your downloading or streaming of any event.
Nothing in the Terms and Conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- defective products under the Consumer Protection Act 1987.
If you are a business customer: then our liability is restricted in accordance with the following:
- a) subject to the above clause, we will under no circumstances whatever 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:
- loss of profits, sales, business, or revenue;
- loss of use, or any business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage;
and our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price paid and payable by you for the products or event.
- b) except as expressly stated in the Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the products or events. 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 or events are suitable for your purposes.
If you are a consumer:
- a) if we fail to comply with the Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence;
- b) we supply the products and events to you for domestic, non-commercial and private use only. You agree not to use the product or event for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
- c) we do not in any way exclude or limit our liability for any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- d) we exclude all liability that we have not expressly accepted in the Terms and Conditions, including liability for indirect or consequential loss or damage.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation. We will notify you in writing or on the website if this happens, but this will not affect your rights or our obligations under the Terms and Conditions.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of the product warranty to the recipient of the gift without needing to ask our consent. Your rights under our warranties are not transferable to any subsequent purchaser of the products.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under the Terms and Conditions, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that the Terms and Conditions are governed by English law. This means a Contract for the purchase of products, and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
If you are a business, you and we both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).