Welcome
to The Positive Health Shop Terms and Conditions of use.
These terms apply to all users visiting our website www.positivehealthshop.com.
1. INTRODUCTION
1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas
of this Website are only open to you if you register.
However registration is not compulsory to browse and purchase
from the main catalogue from our site
1.2 We may revise these terms and conditions at any time
by updating this posting. You should check this Website from
time to time to review the then current terms and conditions,
because they are binding on you. Certain provisions of these
terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages of this
Website. If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue to use
this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via
our online checkout process. As part of our checkout process
you will be given the opportunity to check your order and
to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch
the order. We will send you a despatch confirmation by email.
When we despatch the order the purchase contract will be made
and you will be charged, unless we have notified you that
we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
or
(d) if you do not meet any eligibility criteria set out in
our terms and conditions.
3. PRICING
3.1 All prices include VAT (where applicable) at the current
rates. We reserve the right to express the price exclusive
of VAT, but we shall show VAT separately and include it in
the total price.
3.2 Where we charge separately for packing, carriage and
insurance and other relevant charges, the appropriate rates
are set out in our specified pricing structure shown elsewhere
on this Website.
3.3 Our prices are reviewed periodically and the next review
will be on 01/01/2010.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email
to support@positivehealthshop.com
before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by advising
us within seven days of receipt and then returning goods
to us in accordance with clause 4.2 below.
4.2 Under the Distance Selling Regulations 2000, you may
return goods you have ordered from us for any reason at any
time within 7 days of receipt for a full refund or exchange.
Under the terms of our Returns Policy, we insist that the
goods must be unopened and with all packaging returned inclusive
(except in the case of product defect). The Distance Selling
Regulations 2000 allows the opening of goods to inspect them
as long as they do not feature within our list of excluded
products below:
Exclusions
The following kinds of products may not be returned
under the DSR (unless shown to be defective):
(a) Fresh or refrigerated products with a manufacturer specified
shelf life of less than two months from date of purchase
unless defective or damaged. (A full list of current products
meeting this criteria is available upon request)
(b) Nutritional oils and other temperature sensitive products
where refrigeration is considered essential, unless defective
or damaged. (A full list of current products meeting this
criteria is available upon request)
(c) Live bacteria products such as pre-biotics, pro-biotics
and some digestive enzymes (room temperature stable and ambient
stable products are not covered by this clause) unless defective
or damaged (A full list of current products meeting this
criteria is available upon request) ;
(d) Books unless damaged in transit
(e) Training and Usage Manuals where purchased, supplied
in CD/DVD format unless defective
(f) Any prescription specific, bespoke product formulated
by Positive Nutrition to meet a practitioner prescription
unless damaged or defective;
(g) Any prescription specific product ordered via Positive
Nutrition from one of our suppliers or manufacturers specifically
to meet the individual needs of the customer/patient unless
damaged or defective;
(h) gift vouchers.
4.2a All customers agree to a statutory
duty throughout the thirty day period of cancellation to
retain careful possession of the goods and take reasonable
care of them
Unless the liability for the return lies with us (by way
of product defect, in-transit damage or incorrect supply),
the costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund
of the amount paid or an exchange credit as required. Goods
purchased at 'sale prices' will be refunded at sale purchase
price when returned.
4.4 The rights to return the goods to us as referred to in
clause 4.3 will not apply in the following circumstances:
-
(a) in the event that the product has been used
(b) to any products that by their nature have a limited lifespan,
such as certain nutritional oils, live enzyme based products
and all pre-biotic, probiotic and probiotic containing products
of a non-ambient nature
(c) Trade returns made without valid RMA authorisation. Please
see below for Trade and Practitioner customers
The provisions within clauses 4.2, 4.3 and 4.4 do not affect
your statutory rights. For a full explanation of our Returns
Policy, click here
5. TRADE GOODS RETURNS & REFUNDS
5.1 Unless otherwise stated BY MUTUAL AGREEMENT OR CONSENT,
all purchases by practitioners or health professionals will
be deemed as Trade Sales. If a return of Trade purchased items
is required, an RMA (Return Merchandise Authorisation) must
be obtained from Customer Support BEFORE goods are returned
to us. All paperwork relating to goods returned must carry
the RMA number in order for us to accept them back into stock.
All goods returned by the customer are the responsibility
of the sender until signed for and accepted back into stock
by Positive Nutrition Limited. We would ALWAYS advise returning
goods by a trackable, recorded or insured postal service
5.2 We reserve the right to refuse return of correctly supplied
goods if this procedure is not followed. In most instances
where goods have been supplied correctly by us and are returned
from a Trade sale, we will levy a re-stocking charge of up
to 25% of the product price to cover administration costs.
6. Sell-by and use-by dating liabilities
6.1 It is understood by customers that all goods are supplied
by us as a reseller only. We do not manufacturer the products
we sell. We therefore have no control over use-by and sell-by
dates that come associated with each product batch number.
6.2 Whilst we will always do our very best to supply products
with a reasonable shelf life, we are unable to supply specific
dated products on customer request nor are we able to accept
liability for over-runs on the batch date expiry caused by
customer multi-purchase. It is the customer's responsibility
to enquire as to the suitability of the product for use within
a specified timescale and not ours. This is due to changing
dosage regimes by the customer over which we have no control.
6.3 You have the right of return if you dem the dates unnaceptable
for whatever reason. For products returned due to unacceptable
sales dates, we are unable to accept or bear the postage/packing
costs of return and we will only accept the product back into
stock if unopened and returned in a re-saleable condition.
We do not accept live bacteria, probiotic or liquid oil products
back into stock when these have been deemed to have been correctly
supply under the above 6.1 & 6.2 conditions
7. LICENCE
7.1 You are permitted to print and download extracts from
this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified
in any way;
(b) no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and this permission
notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including
without limitation photographs and graphical images) are owned
by us or our licensors. For the purposes of these terms and
conditions, any use of extracts from this Website other than
in accordance with clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and conditions,
your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed
extracts from this Website.
7.3 Subject to clause 5.1, 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 without
our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any
reason this Website is unavailable at any time or for any
period.
8.2 Access to this Website may be suspended temporarily and
without notice in the case of system failure, maintenance
or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable information, which
is covered under the Privacy
Policy, any material you transmit or post to
this Website will be considered non-confidential and non-proprietary.
We will have no obligations with respect to such material.
We and our nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for
any and all commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or
from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability,
or otherwise be contrary to the law of or infringe the rights
of any third party, in the UK or any other country in the
world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or
harmful data).
9.3 You may not misuse the Website (including, without limitation,
by hacking).
9.4 We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the
identity or locate anyone posting any material in breach of
clauses 7.2 or 7.3. We always log the I.P. address of all
site users as well as a geographic location of the originating
computer and pass this information to the authorities for
use in the case of fraud of any kind.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave
this Website. We have not reviewed all of these third party
websites and do not control and are not responsible for these
websites or their content or availability. We therefore do
not endorse or make any representations about them, or any
material found there, or any results that may be obtained
from using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely
at your own risk.
10.2 If you would like to link to this Website, you may only
do so on the basis that you link to, but do not replicate,
the home page of this Website, and subject to the following
conditions:
(a) you do not remove, distort or otherwise alter the size
or appearance of the Positive Nutrition Limited logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that we are endorsing any
products or services other than our own;
(d) you do not misrepresent your relationship with us nor
present any other false information about us;
(e) you do not otherwise use any Positive Nutrition Limited
trade marks displayed on this Website without our express
written permission;
(f) you do not link from a website that is not owned by you;
and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does
not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted
in this clause 10.2 for breach of these terms and to take
any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage
we or any of our group companies may suffer or incur as a
result of your breach of clause 10.2.
11. REGISTRATION
11.1 To register with www.positivehealthshop.com you must
be over eighteen years of age.
11.2 Each registration is for a single user only. We do not
permit you to share your user name and password with any other
person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued
rests with you and if you know or suspect that someone else
knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately
at our reasonable discretion or if you breach any of your
obligations under these terms and conditions.
12. DISCLAIMER
12.1 While we endeavour to ensure that the information on
this Website is correct, we do not warrant the accuracy
and completeness of the material on this Website. We may
make changes to the material on this Website, or to the
products and prices described in it, at any time without
notice. The material on this Website may from time to
time, be out of date or be awaiting updated information
from the manufacturer. Because of this we make no commitment
to the timely accuracy of such material.
12.2 The material on this Website is provided 'as
is' without any conditions, warranties or other terms
of any kind. Accordingly, to the maximum extent permitted
by law, we provide you with this Website on the basis that
we exclude all representations, warranties, conditions and
other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose
and the use of reasonable care and skill) which but for
these terms and conditions might have effect in relation
to this Website.
13. LIABILITY
13.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any
of our group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability
and responsibility for any amount or kind of loss or damage
that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption, and
whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in
any way or in connection with the use, inability to use or
the results of use of this Website, any websites linked to
this Website or the material on such websites, including but
not limited to loss or damage due to viruses that may infect
your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website
or your downloading of any material from this Website or any
websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude
or limit our liability for (i) death or personal injury caused
by negligence (as such term is defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation as to
a fundamental matter; or (iv) any liability which cannot be
excluded or limited under applicable law.
13.3 If your use of material on this Website results in the
need for servicing, repair or correction of equipment, software
or data, you assume all costs thereof.
12.4 You agree to indemnify us fully, defend and hold us,
and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses, costs
(including reasonable legal fees) arising out of any breach
of the terms and conditions by you, or your use of this Website,
or the use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection
with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the
Website are appropriate or available for use outside the United
Kingdom. It is prohibited to access the Website from territories
where its contents are illegal or unlawful. If you access
this Website from locations outside the United Kingdom, you
do so at your own risk and you are responsible for compliance
with local laws.
15. MISCELLANEOUS
15.1 You may not assign, sub-license or otherwise transfer
any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found
by any court of competent jurisdiction to be invalid, the
invalidity of that provision will not affect the validity
of the remaining provisions which shall continue to have full
force and effect.
15.3 Only the parties to these terms and conditions may seek
to enforce them under the Contracts (Rights of Third Parties)
Act 1999.
16. DISCOUNTS AND PROMOTIONS
16.1 All promotions and price offers within the website will
be for a period as specified within the detail
s for the
same offers or whilst stocks last. We reserve the right
to terminate promotions early if stock levels or other
factors dictate
16.2 All discount coupons and vouchers offered to customers
shall have no cash value and all promotional codes contained
within the vouchers will be for a single use only. Photocopies
are not acceptable. All discounts are applied to pre-determined
spending levels NET OF VAT OR POST/PACKING COSTS. Discount
vouchers cannot be used to gain extra discounts on already
discounted or promotionally priced items
16.3 All promotional codes specifically linked to 'Welcome'
'New Customer' or 'Introductory Discount' are not open-ended
and customers must return to redeem these vouchers within
six calendar months from the date of issue. For administration
purposes, we log all customer codes issued but cannot be responsible
for prompting the customer for their use within the given
time constraints. Discount vouchers of this type cannot be
used in conjunction with any other promotional offers.
16.4 All 'buy one get one free' promotions will be scheduled
and occur within timescales as dictated by manufacturer funding.
Maximum purchasing levels will always be set for these promotion
and they are not available to Trade customers. All prices
are based on UK RRP and not UK Wholesale/Trade pricing
USING THIS WEBSITE INDICATES THAT YOU
ACCEPT THESE TERMS AND CONDITIONS AND ARE PREPARED TO BE
LEGALLY BOUND BY THEM REGARDLESS OF WHETHER OR NOT YOU
CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO
NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
17. BUSINESS DETAILS
Our business name is Positive Nutrition
and our principal correspondence address for all matters
relating to the running of the business and for Product
Returns & Refunds is:
The Positive Health Shop
PO Box 136
Portishead
Bristol BS20 7WN
Our business registered address is:
Positive Nutrition
Number One Pier Close
Bristol BS20 7BU
Our VAT registration number is GB-763034152
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