Terms & Conditions
The following terms and conditions apply to the use of Totally Natural Solutions website. Please read carefully. By accessing this website you are deemed to have agreed to the following terms and conditions.
The terms ‘Totally Natural Solutions’, ‘TNS’, ‘us’, ‘our’ and ‘we’ refer to Totally Natural Solutions Ltd, the owner of this website, whose registered office is:
Unit 2 Eastlands Estate
Kent TN12 6BU
+44 (0) 1622 872105
Registered in England No. 08410460
Telephone: +44 (0) 1622 872105
The terms ‘you’ and ‘your’ refer to the user, viewer or visitor of this website.
The terms ‘website’ and ‘site’ refer to totallynaturalsolutions.com
Visitors to this site should also read our Privacy and Cookies Policy.
Any orders placed using our online shop will be bound to additional terms and conditions.
If you have any questions about our terms and conditions then please contact Totally Natural Solutions using the above contact details. If you do not wish to accept these terms and conditions you should not use this site.
The use of this website is subject to the following terms and conditions:
2. Privacy and Cookies
3. User-Generated Content and Conduct
5. Third Party Websites
6. Intellectual Property
8. Transfer of Rights
10. Governing Law
The content of this site refers to the production and sale of alcohol. You may only use our site if you comply with the relevant alcohol age-restriction legislation of your location. For example, UK based visitors must be 18 years or over.
2. Privacy and Cookies
You can find out more about how we store and use your personal data in our Privacy and Cookies Policy, which forms part of these terms and conditions.
3. User-Generated Content and Conduct
Registered Users have the option to post feedback to our site in clearly designated spaces. Other than personally identifiable information and data protected within our Privacy and Cookies Policy, any material you post to this website will be considered non-confidential. You are prohibited from posting any material:
• 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;
• for which you have not obtained all necessary licences and/or approvals;
• 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
• 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).
You may not misuse this website and we will cooperate with any law enforcement authorities requesting us to disclose the identity or locate anyone posting any material in breach of the above.
The majority of this site is accessible without registration. If you wish to purchase our goods and services or leave feedback you will be required to register with us. Registration can only be accepted if you are over 18 years of age and are registering as an individual.
The security of passwords is the responsibility of the registrant. If you suspect someone else knows your password we recommend you change it immediately. This can be done in the Edit tab of ‘Your Account’ page, which is accessible via the login panel in the site’s header. If you forget your password you can reset it using the link in the login panel. We may suspend or cancel your registration if you breach our terms and conditions.
5. Third Party Websites
Links to or from external websites from this site are provided for convenience only and are not endorsements by us. We accept no responsibility for the content or availability of external sites. Users who decide to access these sites via our links do so at their own risk.
You may link to this site provided that you do not alter the appearance or content, imply we endorse any products or services that are not our own, misrepresent your relationship with us, or present any false information about us. In addition, you must only link from a website that you own, which does not contain distasteful, offensive or controversial content, infringes any intellectual property rights or does not comply with all applicable laws and regulations.
6. Intellectual Property
The content of this website is the copyright of Totally Natural Solutions Ltd. Pages of this site may be printed or downloaded if in full, unmodified and our copyright or trademark notice is included in all copies. Our content must not be permanently stored or used by others for commercial gain. No part of this website may be reproduced without our prior written permission.
Nothing in these terms and conditions is intended to limit or exclude any liability on the part of Totally Natural Solutions Ltd for fraud or for negligence causing death or personal injury or to the extent that applicable law prohibits such exclusion or limitation. We take reasonable care to ensure the content of our site is accurate when posted. We do not accept liability for any errors or omissions on this site or for any loss or damages arising from using this site. We do not warrant that the use of this site will be without delay or free from errors, omissions or viruses. Your use of any information or materials on this site is entirely at your own risk, for which we shall not be liable.
8. Transfer of Rights
You may not assign, sub-licence or otherwise transfer any of your rights and obligations in the terms and conditions to any other person.
We reserve the right to make changes to these terms and conditions, the content of our website or to suspend or terminate the provision of this website at any time, without notice and for any reason. Any changes to the terms and conditions will be made on this page.
10. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Unauthorised use of this site may give rise to a claim for damages and/or be a criminal offence.
Standard Terms and Conditions for Sale of Goods by Totally Natural Solutions Limited
1. Definitions and interpretation
1.1 In this document the following words shall have the following meanings:
“Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
“Contract” means the contract between TNS and the Customer for the sale and purchase of the Goods in accordance with these Term and Conditions;
“Customer” means the organisation or person who buys the Goods from TNS;
“Delivery Location” has the meaning given to it in clause 7.1;
“Force Majeure Event” an event, circumstance or cause beyond a party’s reasonable control;
“Goods” means the goods and products to be supplied to the Customer by TNS as set out in an Order;
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks [and service marks], business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in
designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and
be granted, renewals or extensions of, and rights to claim priority from, any rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.
“Order” means the Customer’s order for the Goods as set out in the applicable Proforma or Sales Order sent by TNS;
“Order Request” has the meaning given to it in clause 2.2.
“Proforma” means the proforma invoice summarising the Goods required and total price payable sent to the Customer pursuant to clause 2.3;
“Sales Order” means the sales order document summarising the Goods required, and total price payable sent to the Customer pursuant to clause 2.4;
“Terms and Conditions” means the terms and conditions as set out in this document, as amended from time to time in accordance with clause 16;
“TNS” means Totally Natural Solutions Limited, a company incorporate in England with company number 08410460 whose registered office is at Unit 2, Eastlands Estate, Maidstone Road, Paddock Wood, Kent, TN12 6BU;
“TNS Trademarks” shall have the meaning given to it in clause 21.2.
“TNS Website” means the website at https://www.totallynaturalsolutions.com/?v=79cba1185463
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a party includes its personal representatives, successors and permitted assigns.
1.4 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.6 A reference to writing or written includes email.
2. Basis of contract
2.1 Unless otherwise agreed in writing by TNS, these Terms and Conditions shall apply to the Contract to the exclusion of all other terms and conditions that the Customer seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Customers may submit a request for Goods via email or phone using the details on the TNS Website (“Order Request”).
2.3 If the Customer is a new customer with no agreed credit limit by TNS (see clause 6 below), or the Order Request exceeds the value of any credit limit agreed by TNS, upon receipt of the Customer’s Order Request TNS shall provide to the Customer its Proforma confirming the Goods required and total price payable immediately by the Customer.
2.4 If the Customer is an existing customer with a credit limit agreed by TNS (see clause 6 below), upon receipt of the Customer’s Order Request, TNS shall provide to the Customer its Sales Order confirming the Goods required and total price payable by the Customer.
2.5 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Terms and Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate. Any price or quantity discrepancies or queries on the sales order confirmation should be communicated by email to firstname.lastname@example.org within 48 hours of receipt of the Proforma or Sales Order (as applicable).
2.6 The Order shall only be deemed to be accepted when:
2.6.1 In the case of a Proforma being sent by TNS to the Customer, when the price of the Goods have been paid and TNS have sent to the Customer by email confirmation that payment has been received along with a summary of the order and expected date of dispatch; and
2.6.2 In the case of a Sales Order being sent by TNS to the Customer, when the Sales Order is sent, at which point the Contract shall come into existence.
2.7 Following acceptance of an Order, the Customer shall not have right in any circumstance to cancel or amend the Order without the prior written agreement of TNS.
3. Goods and samples
3.1 The Goods are described on the TNS Website.
3.2 Where a sample of the Goods is provided to the Customer in advance of a purchase, the parties accept that
such a sample is representative of the Goods in nature and that the bulk of the order may differ slightly as a result of the manufacturing process.
4.1 The price of the Goods shall be as stated in the Order.
4.2 Prices stated are net of bank and transfer charges which must be borne by the Customer.
4.3 TNS may, by giving notice to the Customer at any time up to 3 Business Days before delivery, increase the
price of the Goods to reflect any increase in the cost of the Goods that is due to:
4.3.1 any factor beyond TNS’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
4.3.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
4.3.3 any delay caused by any instructions of the Customer or failure of the Customer to give TNS adequate or accurate information or instructions.
4.4 The price of the Goods:
4.4.1 excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to TNS if applicable at the prevailing rate, subject to the receipt of a valid VAT invoice;
4.4.2 excludes the costs and charges of insurance and transport of the Goods, which shall be invoiced to the Customer.
5.1 Save where advance credit terms are agreed in writing with TNS (see clause 6 below), payment for Goods
shall be made on receipt of the applicable Proforma.
5.2 Where credit terms have been agreed in writing with TNS (see clause 6 below), TNS may invoice the
Customer for the Goods on or at any time after dispatch of the Goods from TNS.
5.3 The Customer shall pay each invoice submitted by TNS in accordance with clause 5.2:
5.3.1 within 30 days of the date of the invoice or in accordance with any credit terms agreed by TNS and confirmed in writing to the Customer; and
5.3.2 by way of bank transfer, in full and in cleared funds to a bank account nominated in writing by TNS;
5.3.3 time for payment shall be of the essence of the Contract.
5.4 Payment shall be made by electronic funds transfer unless otherwise agreed in writing with TNS. Cheques
are no longer accepted as payment.
5.5 If the Customer fails to make a payment due to TNS under the Contract by the due date, then, without limiting TNS’s remedies under clause 12 (termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.5 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.7 If the payment of the price or any part thereof is not made by the due date, TNS shall be entitled to require payment in advance of delivery in relation to any Goods previously not delivered or refuse to make delivery of any undelivered Goods without incurring any liability whatsoever to the Customer for non-delivery or any delay in delivery.
6.1 Credit terms may be offered by TNS and a business account opened by the Customer subject to the satisfactory credit vetting of the Customer by TNS. The offer of credit shall be at the sole discretion of TNS.
7.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified in the Order (“Delivery Location”). The Customer shall make all necessary arrangements to take delivery of the goods when they are tendered for delivery.
7.2 If the Customer fails to take delivery of the Goods within 3 Business Days of TNS notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or TNS’s failure to comply with its obligations under the Contract in respect of the Goods:
7.2.1 delivery of the Goods shall be deemed to have been completed at the time delivery was attempted
to be made by the TNS; and
7.2.2 TNS shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
7.3 Dates or times for deliveries are approximate only, and the time of delivery is not of the essence. TNS shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide TNS with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.4 All packaging, containers, pallets, cases, drums and flasks used in the carrying and delivery of Goods to the Customer shall be deemed as non-returnable to TNS and ownership and responsibility of these items shall pass to the Customer at the time of delivery. The Customer is expected to dispose of all such items responsibly and with due respect for the environment.
7.5 If TNS delivers up to and including 5% more or less than the quantity of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, TNS shall make a pro rata adjustment to the invoice for the Goods or refund (if payment has already been made) as applicable.
8. Quality and returns
8.1 TNS warrants that on delivery,
8.1.1 the Goods shall conform in all material respects with their description; and
8.1.2 be free from material defects in design, material and workmanship;
8.2 Subject to clause 8.3, if:
8.2.1 the Customer gives notice in writing to TNS within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 8.1;
8.2.2 TNS is given a reasonable opportunity of examining such Goods; and
8.2.3 the Customer (if asked to do so by TNS) returns such Goods to TNS’s place of business at TNS’s cost, TNS shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
8.3 TNS shall not be liable for the Goods’ failure to comply with the warranty set out in clause 8.1 if:
8.3.1 the Customer makes any further use of such Goods after giving notice in accordance with clause 8.2;
8.3.2 the defect arises because the Customer failed to follow the TNS’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
8.3.3 the defect arises as a result of TNS following any drawing, design or Specification supplied by the Customer;
8.3.4 the Customer alters or repairs such Goods without the written consent of TNS;
8.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or
working conditions; or
8.3.6 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.4 Except as provided in this clause 8, TNS shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 8.1.
8.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
8.6 These Terms and Conditions shall apply to any repaired or replacement Goods supplied by TNS.
9.1 Risk in the Goods shall pass to the Customer upon delivery of the Goods.
10.1 Title in the Goods shall not pass to the Customer until TNS has been paid in full in cleared funds for the Goods.
10.2 Until title to the Goods has passed to the Customer, the Customer shall:
10.2.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as TNS’s property;
10.2.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
10.2.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
10.2.4 notify TNS immediately if it becomes subject to any of the events listed in clause 12.1.2 to clause
10.2.5 give TNS such information as TNS may reasonably require from time to time relating to:
i) the Goods; and
ii) the ongoing financial position of the Customer.
10.3 At any time before title to the Goods passes to the Customer, TNS may require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
11. Limitation of liability
11.1 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
11.2.1 death or personal injury caused by negligence;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
11.2.4 defective products under the Consumer Protection Act 1987.
11.3 Subject to clause 11.2, TNS’s total liability to the Customer shall not exceed the price paid by the Customer for the Goods.
11.4 Subject to clause 11.3, the following types of loss are wholly excluded:
11.4.1 loss of profits;
11.4.2 loss of sales or business;
11.4.3 loss of agreements or contracts;
11.4.4 loss of anticipated savings;
11.4.5 loss of use or corruption of software, data or information;
11.4.6 loss of or damage to goodwill; and
11.4.7 indirect or consequential loss.
11.5 This clause 11 shall survive termination of the Contract.
12.1 Without limiting its other rights or remedies, TNS may terminate this Contract with immediate effect by giving written notice to the Customer if:
12.1.1 the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;
12.1.2 the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
12.1.3 the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
12.1.4 the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
12.2 Without limiting its other rights or remedies, TNS may suspend provision of the Goods under the Contract or any other contract between the Customer and TNS if the Customer becomes subject to any of the events listed in clause 12.1.2to clause 12.1.4, or TNS reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
12.3 Without limiting its other rights or remedies, TNS may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
12.4 On termination of the Contract for any reason the Customer shall immediately pay to TNS all of TNS’s outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, TNS shall submit an invoice, which shall be payable by the Customer immediately on
12.5 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
12.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
13. Promotional Literature and Exhibitions
13.1 The Customer shall not exhibit any of the Goods at any public exhibition nor produce any promotional material or advertisement in relation to the Goods without first obtaining the written permission of TNS.
14. Force Majeure
14.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate the Contract by giving 5 days’ written notice to the affected party.
15. Assignment and other dealings.
15.1 TNS may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
15.2 The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of TNS.
16.1 No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
17.1 No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 18.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
19.1 Any notice [or other communication] given to a party under or in connection with the Contract shall be in writing and shall be:
19.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
19.1.2 sent by email:
In the case of the Customer to: the address specified in the Order; In the case of TNS to; email@example.com
19.2 Any notice or communication shall be deemed to have been received:
19.2.1 if delivered by hand, at the time the notice is left at the proper address;
19.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
19.2.3 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place
of receipt, when business hours resume. In this clause 19.2.3, business hours means 9.00am to
5.00pm on a Business Day.
19.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
20. Third party rights
20.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
21. Intellectual Property Rights
21.1 The Customer acknowledges that all Intellectual Property Rights in the Goods, including any literature and other materials which are provided by TNS to the Customer along with the Goods, belong and shall belong to TNS and/or its licensors (as applicable), and the Customer shall have no rights in or to such
Intellectual Property Rights.
21.2 The Customer further acknowledges that the TNS name and logo applied to and/or used in relation to the Goods are trademarks belonging to TNS (the “TNS Trademarks”). Unless otherwise agreed by TNS in writing, the Customer shall have no right to use the TNS Trademarks and shall not do, or omit to do,
anything in its use of the Goods that could adversely affect their validity or reputation.
22. Governing law.
22.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England.
23.1 Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
CONSUMER SALES TERMS AND CONDITIONS
Our products are ingredient for use in beverages and should not be consumed directly. All products should be diluted as per dosage instructions prior to consumption.
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we shall supply our products to you which you purchase on our website via the shop https://www.totallynaturalsolutions.com/shop/?v=79cba1185463 (our “Website”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the our products to you, how we may change or end the contract with you, what to do if there is a problem and other important information.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Totally Natural Solutions Limited, a company incorporate in England with company number 08410460 whose registered office is at Unit 2, Eastlands Estate, Maidstone Road, Paddock Wood, Kent, TN12 6BU
2.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org or writing to us at Totally Natural Solutions Limited, Unit 2 Eastlands Estate, Maidstone Road, Paddock Wood, Kent TN12 6BU.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you receive a confirmation email or we send the product(s) to you following our receipt of payment by you for the product, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have requested.
3.3 Your order number. You will be allocated an order number when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 You must be 16 or over to place an order with us. By placing an order with us you confirm that you are at least 16 years old. You will be required to provide certain information with your order as part of our age verification process. If we (or our couriers) are in doubt as to your age or cannot verify your age using the information provided we may request that you (or the person taking delivery of the products) provide additional information to confirm your age. We may perform third party database checks in order to validate your name, address, age and other personal information supplied by you when you submit an order to us.
4 OUR PRODUCTS
4.1 Our products may vary slightly from their pictures. The images of our products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of our products. Your product may vary slightly from those images.
5 YOUR RIGHTS TO REQUEST CHANGES
If you wish to request a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price or delivery of the product, and anything else which would be necessary as a consequence of your requested change and ask you to confirm whether you wish to go ahead with the change by phone and/or email.
6 OUR RIGHTS TO MAKE CHANGES
6.1 We may make changes to the products after you have placed your order, for example to reflect changes in relevant laws and/or regulatory requirements. If we need to make any changes after you have placed your order, we will notify you and you can then contact us to end the contract before the changes take effect and receive a refund for any products which you have paid for but not received.
6.2 In addition, we may suspend or stop selling a particular product for any reason at any time. If you have placed an order for such a product but it has not yet been dispatched, we will notify you that we can no longer deliver the product to you and you will receive a full refund for that product.
6.3 Where products can be combined with or added to other goods (for example as part of the brewing process) we do not guarantee that our products will be suitable for all combinations, or that any combination will have the desired effect. You should consider all the ingredients of and instructions for all products or materials which are being combined.
7.1 Delivery costs. Any delivery costs will be as set out in the order process.
7.2 When we will deliver the product(s) ordered by you. We deliver products to you as soon as reasonably possible and in any event within 15 working days after the day on which we accept your order unless we contact you with an estimated delivery date. For the avoidance of doubt any dates stated shall be estimates only and shall not be of the essence.
7.3 We are not responsible for delays outside our control. If our supply of the product(s) is affected by an event outside our control, then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to try to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any our products you have paid for but not received.
7.4 Delivery location. Delivery will be made to the address you give in your order.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the product cannot be posted through your letterbox, we will inform of you of how to rearrange delivery or collect the product from a local depot.
7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the product from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11 will apply.
7.7 When you become responsible for the product. The product shall be your responsibility from the time we deliver it to the address you gave us.
7.8 When you own the product. You shall own the product once we have received payment in full and you have taken delivery of it.
8 PRICE AND PAYMENT
8.1 Where to find the price for the product ordered by you. The price of the product (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order.
8.2 When you must pay and how you must pay. We accept payment through the methods set out in our order process. Unless otherwise stated, payment must be made in UK Pounds Sterling (GBP) only. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we accept your order.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our products we sell may be incorrectly priced. We will normally check prices before accepting your order. If the product’s correct price is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have
been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any our products provided to you.
8.4 Changes in VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
9 YOUR RIGHTS TO CANCEL
9.1 You may end the contract if we breach it. You may end/cancel the contract at any time by writing to us if:
9.1.1 there is a risk the product may be significantly delayed because of events outside our control; or
9.1.2 you have a legal right to end the contract because we have breached the contract. If you are ending the contract for an undisputed reason set out at 9.1.1 to 9.1.2 the contract will end once the part has been returned to us and we will refund you any money you have paid in relation to the product.
9.2 Exercising your right to change your mind. If you are acting as a consumer only (not as a business), you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receives the product ordered by you, and receive a refund but this may be subject to deductions and you will have to pay the costs of return of any our products (as further described in clause 10 below).
9.3 Sealed Products. Some of our products are sealed for health protection and hygiene purposes. Because of this, once the seal of an item has been broken after you receive it, you do not have a right to change your mind and cancel your order for it unless there is a fault with the products.
10 CANCELLATIONS AND RETURNS (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone
number and email address.
10.1.2 By post. Print off the form
and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning our products after ending the contract. If you end the contract for any reason after the product has been dispatched to you or you have received it, you must return it to us. You must arrange for the product to be delivered back to us at Totally Natural Solutions Limited, Unit 2 Eastlands Estate, Maidstone Road, Paddock Wood, Kent TN12 6BU. If you are exercising your right to change your mind you must send off the product within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the product is faulty or mis-described; or
10.3.2 if you are ending the contract pursuant to clause 9.1 above because we have breached it;
and in either case this is undisputed by us. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of safe return.
10.4 How we will refund you. We will refund you the price you paid for the product including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
10.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which would means it is not in the same standard of condition as delivered. If we refund you the price paid before we are able to inspect the product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect the product, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 10.2 above.
11 OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information and/or instructions that is necessary for us to provide the product to you; or
11.1.3 you do not, within a reasonable time, allow us to deliver the product to you.
11.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 11.1 we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaching the contract.
11.3 We may stop providing the product ordered by you at any time. As stated earlier at clause 6.2, we may suspend or stop selling a product at any time. We may write to you to let you know that we are going to stop providing the product. If we do, we will let you know, and we will refund any sums you have paid in advance for the product which will not be provided.
12 IF THERE IS A PROBLEM WITH THE PRODUCT ORDERED BY YOU
12.1 How to tell us about problems. If you have any questions or complaints about the product ordered by you, please contact us. You can contact us by emailing us at firstname.lastname@example.org.
12.2 Our duty. We are under a legal duty to supply products that comply with our contract with you. Nothing in these terms will affect your legal rights.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the sale of the product including the right to receive the product ordered by you which is: as described and match information we provided to you on our Website; of satisfactory quality; fit for any particular purpose we state on our Website; supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987
13.3 Damage or loss due to incorrect use and/or installation of product. We are not responsible for any loss or damage that you may incur as a result of choosing the wrong part, incorrectly using the part and/or incorrect installation of the part by you or on your behalf.
13.4 We are not liable for business losses. We only supply the product ordered by you for domestic and private use. If you use the product ordered by you for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Please use our products responsibly. Usage instructions are included with our products and we are not liable for losses which result from your failure to follow those instructions.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us to:
14.1.1 provide the product ordered by you;
14.1.2 process your payment via our secure payment page provided by Sage Pay for such product ordered by you; and
14.1.3 if you agreed to this during the order process, to inform you about similar servicing that we provide, but you may stop receiving these communications at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15 OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You may only transfer this agreement to someone else with our written consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching the contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the
servicing, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed exclusively by English law and you can bring legal proceedings in respect of the servicing in the English courts.