Terms and Conditions
Please read these Terms and Conditions before placing an order with us as by ordering the Customer acknowledges that they have agreed to the acceptance and incorporation of these Terms and Conditions.
By placing an order on www.clubvits.com ("the Website") you are subject to the conditions set out in these Terms and Conditions. By submitting an order on the Website you ("the Customer") agree and accept to be bound by these conditions. These conditions are in addition to your statutory rights as a consumer and shall govern the contract to the exclusion of any other terms or conditions.
The Company reserves the right to vary these Terms and Conditions without notice. Once the order has been accepted no variation to the conditions shall be binding unless agreed in writing between the customer and an authorised representative of the company. Any reference in the conditions to writing shall include e-mail and facsimile.
If you have any questions relating to our Terms and Conditions or any other aspect of our business please contact us by any of the following means:-
Post: Customer Services Supervisor
Club Vits Limited
Kilnbeck Business Park
Annie Reed Road
Telephone: 01482 838811 (From outside the UK + 44 1482 838811)
Fax: 01482 838900 (From outside the UK + 44 1482 838900)
'Contract' means contract for the purchase and sale of the Goods which is binding on both parties.
'Conditions' means these standard Terms and Conditions of sale set out in this document and includes any variations agreed in writing between the parties.
'Company' means Club Vits Limited a company incorporated and registered in Great Britain (Registration Number 6744645) and whose registered address is Kilnbeck Business Park, Annie Reed Road, Beverley, East Yorkshire. HU17 0LF.
'Customer's Credit Card' means the credit or debit card of the Customer to be used as the method of payment for the Goods.
'Customer' means consumers as defined in the Unfair Contract Terms Act 1977.
'Goods' means the products offered by the Company and those chosen by the Customer and listed in the virtual shopping cart.
'Order' means any order submitted by the Customer for the supply of Goods by the Company.
'Order Form' means the order form completed and submitted to the Company's website or sent to the Company’s registered address.
'Dispatch Date' means the date the Company dispatches the Goods.
'Delivery Date' means the date the Goods are received by the Customer.
'Price' means the price (inclusive of Value Added Tax) of each of the Goods as given for the relevant Goods on the Website.
'Total Price' means the total of the Price of all Goods selected and deposited in the virtual shopping cart together with any charges for packing and delivery. The Total Price will include Value Added Tax at the appropriate rate.
'Website' means the Company's website: www.clubvits.com
'Registered Office' means the registered office of Club Vits Limited whose address is Kilnbeck Business Park, Annie Reed Road, Beverley, East Yorkshire. HU17 0LF.
'Working Days' means Monday to Friday excluding Public Holidays.
‘Incoterms’ means the International rules for the interpretation of trade terms of the International Chambers of Commerce in force on the date when the Contract is made.
Disclaimer and Health Warning
The Company takes all reasonable care that the information on its website is accurate. It makes no representations or gives any warranty as to the accuracy or reliability of such information or material linked to or from this site. The Company cannot control the content produced by or views expressed by third parties on the website or on links from or to the website. Any advice given by the Company is for guidance and is not medical advice. Customers are advised to consult their doctor for medical advice if they have any doubt. The Company accepts no liability or responsibility for the content of this site except in relation to death or personal injury caused by its negligence. Food supplements should be taken in conjunction with, and not as a substitute for, a healthy lifestyle and balanced diet.
By submitting a completed Order Form on the Website the customer shall be deemed as placing an order with the Company. The Company shall confirm acceptance of the Customer's Order in writing and will supply the Goods to the Customer in accordance with the Customer's Order Form. The Company reserves the right to refuse to supply orders but this does not affect the Customer's statutory rights as defined under the Unfair Contract Terms Act 1977. The Company supplies the goods to the customer for their own use and the customer warrants that they will not directly or indirectly resell or export the goods and are a consumer as defined in the Unfair Contract Terms Act 1977.
The Company provides information on the goods and its services in good faith. Images used on the website and other promotional material are intended to be a representation of the goods and are not warranted to be an exact likeness. Any error or omission on the website or other promotional materials may be corrected by the Company. The customer may cancel the order with the Company and obtain a full refund if they have relied upon the error or omission.
Cancellation of Orders
The Customer may cancel the order within 30 days of delivery and must provide written details to the Company of the order and reason for cancellation. The Company will credit the Customers credit card with the Total Price. The costs of returning the goods to the Company shall be borne by the customer unless incorrect or faulty goods have been supplied or an error has been made by the Company.
Price and Delivery Charges
The price of the goods will be that indicated on the website at the time of placing the order and will include Value Added Tax at the appropriate rate. Offers on the Company’s website may differ from other promotions. Delivery charges (usually for post and packing) will be as advised at the time of placing the order. Within the UK delivery will normally be made by second class post however the Company reserves the right to use other methods of delivery as it deems appropriate or as agreed with the customer.
Payments shall be made by the Customer's Credit Card on the date on which the Order is accepted by the Company. Credit cards accepted by the Company are those shown on the website at the time of placing the order. On submitting the order the customer warrants that they are duly authorised to use the credit card and authorises the Company to deduct the Total Price from the customers credit card account. Other methods of payment may be made with the written agreement of the Company. The Company reserves the right to request payment in full before goods are supplied to the Customer. The Company will send the customer an invoice / delivery note detailing the goods supplied and the Total Price for the goods, delivery and any other charges made.
Returns and Refunds
All Returns should be sent to the Company’s registered address. This returns policy does not affect the customer’s statutory legal rights.
You have right under the Distance Selling Regulations to return the product within 7 days of receipt. The goods must be returned in an unused and re-saleable condition. Product cannot be returned if the security seal has been broken.
Refunds will be made to the customer’s credit card which was used for payment unless otherwise agreed between the customer and the Company. Refunds will only be for goods which are defective or incorrectly dispatched. No refunds will be given on goods which have been opened unless defective.
Dispatch and Delivery
Your order will normally be dispatched to the address you have advised us of within two working days from acceptance of your order. Any delivery dates quoted will be approximate and are given in good faith and the Company will not be liable for any reasonable delay however caused. Delivery will be made by a third party or by the Company’s representative if the Company so chooses. Overseas delivery times will vary and you should allow up to 28 days for delivery. We will advise you if a product is out of stock and will suggest an alternative product if one is available. Delivery charges will be as indicated on the website and will be advised at the time of ordering. If the Customer fails to take delivery of the Goods or gives the Company incorrect or incomplete delivery instructions then the Company may store the Goods until delivery is made and charge the Customer for its reasonable costs of storage and delivery. The Company shall not owe the Customer any duty of care in this event and shall not be liable to the Customer for any loss, damage or deterioration of the Goods during storage.
Risk and Title
The risk of loss or damage to the goods passes to the customer on delivery or in the event of delivery not being able to be made as a consequence of fault, negligence or omission on the customer’s part at the date delivery which would have been made in the absence of this fault, negligence or omission. Title to the goods remains with the Company until the Company has received in cash or cleared funds the Total Price of the goods.
The Company RESERVES ALL RIGHTS to intellectual property and other proprietary rights (including but not limited to: trade marks, copyright, designs, technical and business information) relating to the Goods and the Website. The contents of this Website may not be used in whole or in part without the expressed written consent of the Company.
Warranties, Liability and Indemnity
Nothing in this clause is intended to exclude the Company's liability for death or personal injury caused by its negligence and the Consumer’s statutory rights are not affected. The Company’s liability shall not exceed the Total Price of the goods except as provided in the Consumer’s statutory rights.
The Company warrants that all Goods will correspond with the Order at the date of dispatch and will be free from defects at the time of delivery. In the event that the Company is in breach of this clause the customer shall advise the Company in writing as soon as possible and in any event not later than 30 days after delivery other than when the defect was not apparent upon reasonable inspection. The Company will replace the defective goods or refund the price of the goods that are defective and this will be the extent of the Company’s liability (for the avoidance off doubt but not exclusively the Company will not be liable for the following: any loss of anticipated profits or expected future business; damage to reputation or goodwill; any damages, costs or expenses payable by the Customer to any third party; loss of any order or contract; or any consequential loss of any kind).
The Goods are sold as food supplements and are warranted as being fit for this purpose only.
Where Goods are sold to a Customer who is not a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions, terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law. The Company shall not be liable to the Customer or any third party for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on the Company by operation of the law.
The Customer shall indemnify the Company against any loss or damage suffered by the Company as a result of any claims brought against the Company by any third party for any loss, injury or damage in any way connected with this Contract provided that this clause will not require the Customer to indemnify the Company against any liability for the Company's own negligence. This clause does not affect the Customer's statutory rights as a consumer.
Neither the Company nor the customer shall be liable for any delay or failure to comply with the obligations under these conditions if the delay or failure arises from any cause which is beyond the reasonable control of that party including but not limited to any statutory changes or rulings.
For goods that to be exported by the Company from the UK Incoterms will apply but if there is any conflict between these and the Company’s Terms and Conditions the latter will prevail. The Customer shall be responsible for complying with any legislation or regulation governing the importation of the Goods into the country of destination and for the payment of any applicable duties. The Goods shall be delivered DDU and the Company shall be under no obligation to give notice to the customer to insure the Goods during sea transit under Section 32(3) of the Sale of Goods Act 1979.
Termination of Contract
The Company may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the Customer fails to make payment of the Total Price on the date of the Order or is in breach of these Conditions or any other contract between the parties. On termination of the contract the Customer shall pay to the Company all costs, expenses (including legal and other fees incurred), arrears, charges, or other payments arising in respect of the Goods under the Contract at the date of termination.
Cessation, Variation and Use of Goods
The Company may cease or suspend the sale or distribution of any Goods without prior notice or liability to the Customer. The Company reserves the right to vary the specification of the goods but will strive to ensure that the performance of the goods is not adversely affected by such changes. The Company further reserves the right to make any amendments it deems necessary to the information provided on or about the goods, on the website or in other communications with the consumer. Where the Company provides the Customer with information about any conditions, recommendations or warnings necessary to ensure that the Goods will be safe the Customer agrees to use the Goods in accordance with this information. Other than the customers statutory rights the Company shall not be liable for injury or loss suffered by the Customer where the Customer fails to follow the Company's conditions, recommendations or warnings. The consumer is advised to consult their doctor if they are in any doubt about their health condition and the suitability of the goods in this respect also they are advised not to exceed the recommended intake.
When the Customer submits an order on the website or sends emails to the Company this is electronic communication. The Company may email the Customer or post notices on the clubvits.com website and this is electronic communication. The consumer consents to receive communications from the Company electronically and consents that all agreements, notices, disclosures and other communications that the Company provides electronically satisfies any legal requirement that such communications be in writing. This condition does not affect your legal rights.
English law will apply to the contract and the English courts will have jurisdiction in the case of any dispute.