Terms and Conditions of Sale
1. Definitions
1.1 The term “Seller” means The Alliance for Natural Health International. Old Station House, 78 Dorking Road, Chilworth, Surrey, GU4 8NS, UK.
1.2 The term “Buyer” means the person(s) who buys or agrees to buy the goods from the seller.
1.3 The term “Order” shall mean the purchase order issued by the Buyer to the Seller for the purchase of the goods by any of the methods made available by the Seller for the Buyer to use for placing orders.
1.4 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.5 The term “Delivery Date” means an approximate date specified by the Seller when the goods are to be delivered.
1.6 The term “Goods” means the products, which the Buyer agrees to buy from the Seller and does not include any shipping or delivery costs charged by the Seller to deliver these products to the Buyer.
1.7 The term “Price” means the price for the goods excluding carriage, packing, insurance and VAT.
1.8 The term “Order Confirmation” shall refer to the email that is sent by the Seller to the Buyer once the Seller has accepted the Buyer’s order. The contract will then be deemed complete and will be deemed for all purposes to have been effectively communicated to the Buyer at the time the Seller sends this email to the Buyer (whether or not the Buyer receives that email).
1.9 “The Contract” shall mean the contract between the Seller and the Buyer, consisting of the Order, the Order Confirmation, the Conditions, but not any terms and conditions of purchase, other than these conditions, incorporated in or referred to in a purchase order.
1.10 The term “Best Before” date means the date that the Seller allocates to any perishable goods, allocated on a batch-by-batch basis, and as labelled on the goods with their production batch number. For these Conditions to apply to the Best Before date, the goods must be stored by the Buyer in a cool, dry location, below 25°C.
2. General
2.1 These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer. Any order received from the Buyer is subject to acceptance by the Seller, who reserves the right to decline any order.
2.2 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
2.3 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.4 These conditions supersede any other terms and conditions, including any terms or conditions, or descriptions, or statements as to the delivery, quality or performance of the goods or their suitability for any purpose appearing in any advertisements, catalogues, or other literature relating to the goods and override and exclude other terms and conditions, descriptions and statements as to quality and performance or suitability of the goods unless stipulated or referred to by the Buyer whether in a purchase order or otherwise.
2.5 No representative or agent of the Seller has any authority to agree any terms or make any representations that are inconsistent with these conditions. The Seller will not be bound by any statements made by any person purporting to act on the Seller’s behalf as to the conditions or statements as to the delivery, quality, performance or suitability of the goods unless any such statement is specifically confirmed in writing by a duly authorised officer of the Seller and annexed to the contract.
3. The Contract Price and Payment
3.1 The price shall be the seller’s quoted price. Prices shown on the Seller’s official documentation and in the online shop are inclusive of VAT, but the contract price is exclusive of VAT, which shall be due at the rate ruling on the date of the Seller’s invoice and exclusive of any carriage charges. The Seller reserves the right to amend prices at any time without prior notice, although doing so will give the Buyer the right to cancel any unconfirmed orders without penalty.
3.2 Unless agreed by the Seller as an official annex to the contract, payment shall be due and payable on the date of the order, prior to dispatch of the goods.
3.3 Interest on any overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate 6% above National Westminster Bank PLC’s base rate from time to time in force and shall accrue at such a rate until full payment is received.
4. The Goods
4.1 The quality and description of the goods shall be as per the Order placed by the Buyer.
4.2 The Buyer will ensure that the goods purchased are suitable and compatible with their requirements.
4.3 The Seller undertakes that the goods will conform to:
A) The Seller’s normal standards of manufacture;
B) The requirements of any legislation in force at the time the Order was placed by the Buyer.
5. Delivery Of Goods
5.1 Delivery of Goods shall be made to the Buyer’s address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
5.2 Where the goods are being dispatched via a courier the time quoted shall be for a normal service and not guaranteed within a timescale. No refund in full or part shall be offered as a result of late delivery by the courier. Where an order has been re-routed to an alternative delivery address, the Seller reserves the right to make additional charges.
6. Passing Of Property
6.1 The property in the goods shall not pass to the buyer until payment has been received by the Seller in full for the goods and for any other goods supplied by the Seller or any associated company of the Seller to the Buyer.
6.2 For the purpose of this clause the Buyer undertakes that until the Buyer has made payment in accordance with sub-clause 6.1:
A) Not to remove deface or cover up any identification marks on the goods or marks indicating that the goods are the property of the Seller;
B) To store the goods separately from those belonging to the Buyer or others:
C) To allow the Seller unrestricted access to the Buyers works or other place
where the goods are stored for the purpose of removal of the goods.
7. Passing Of Risk
7.1 The risk in the goods shall pass to the Buyer on delivery as defined in clause 5 above.
8. Right Of Cancellation For Distance Selling.
8.1 This clause applies only to non-face to face contracts where the Buyer is acting as a consumer.
8.2 This clause does not apply in the following circumstances:
A) Where the buyer is a business.
B) Where goods are ordered by distance selling and then collected from the Seller’s premises.
C) Where the goods have been opened, used, installed, packaging defaced or are in a non re-sellable condition as new.
D) Where a service has been provided in configuring goods to the Buyer’s requirements.
E) Special orders – when good(s) have been ordered is specifically for the consumer, the consumer will not have The right to cancel these good(s).
8.3 Where the consumer wishes to exercise their right of cancellation, no goods are to be opened, used, installed, packaging defaced or returned in a non re-sellable condition as new.
8.4 Notification of cancellation is to be given in writing within 14 working days, from the day after the receipt of the goods, sent to this address as detailed in clause 1.1.
8.5 It will be the Buyer’s responsibility at his expense, to return the goods, carriage paid, to the Seller within 14 days from the date of notification of cancellation. The Buyer must make reasonable efforts to ensure that the goods arrive at the Seller’s premises with the packaging not defaced and in a re-sellable condition as new, otherwise the right of cancellation will be void and the goods will be made available for collection, or there may be an extra charge for redelivery.
8.6 The refund will be processed within 30 days of receipt of written notification of the cancellation, subject to meeting in full all the requirements as set out in this clause.
9. Acceptance Of Goods
9.1 The Buyer shall be deemed to have accepted the goods 3 days after delivery to the Buyer.
9.2 The Buyer shall advise in writing within 3 days of receipt of the goods any discrepancies in specification from the goods ordered, after which it shall be deemed acceptance of the goods as the specification supplied. After this period, the Buyer shall not be entitled to reject goods that are not in accordance with the contract. The Buyer must check the specification of the goods received against the goods ordered prior to using goods, as this will deem acceptance.
9.3 The Buyer will not consider any claims for shortage of delivery or damage in transit unless written notice is given to the courier and the Seller within 3 days of the receipt of goods. In this condition time shall be deemed to be of the essence.
9.4 The seller undertakes to deliver remotely ordered goods to the delivery address, as opposed to an individual. A signature provided by an individual at the delivery address will deem acceptance of goods. Where the Buyer has signed for the goods as “received in good condition”, any claim will only be honoured on the basis of a full or part refund claim via the courier being successful.
10. Warranties and liability
10.1 The Seller shall replace at the Seller’s option any of the goods which are, or which become, defective within their Best Before date, provided that the buyer shall have notified the Seller in writing of such defect and have given the Seller a reasonable opportunity to inspect the defective goods.
10.2 All expenses incurred by the seller in connection with replacement of the defective goods, including all costs of transportation, shall be paid by the Seller.
10.3 The Seller’s liability in respect of defects in the goods shall be limited to those stated in this clause and subject to clause 2(1) of the Unfair Contract Terms Act 1997, the Seller shall not be liable whether in contract or in tort, including but not limited to negligence, or by reason of breach of statue duty or otherwise, for any damage or loss whatsoever suffered by the Buyer arising out of or attributable to such defects.
11. Limitation Of Liability
11.1 The obligations and liabilities of the Seller in respect of the descriptions of the goods, the quality of the goods or their fitness for purpose are limited to those which are expressly stated in clause 9 and 10 above. All conditions, warrantees and intermediate terms relating to the description of the goods, their quality and their fitness for purpose implied by common law or by statute or otherwise are hereby excluded from the contract.
11.2 Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under contract and whether the same be due to the negligence of that party or not.
12. Non Transferability
12.1 The contract is not transferable in any way whatsoever.
12.2 Any warranties or guarantees the Seller offers are for the benefit of only the Buyer, and are also not transferable in any way. If the Buyer chooses to resell or pass on the ownership of the goods, then any warranties or guarantees become void.
13. Force Majeure
13.1 The Seller shall not be liable in any respect whatsoever for delay in the performance of, or the failure to perform, any obligation pursuant to any order or contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or contract for 30 days or more, the Seller shall be entitled by written notice to cancel or terminate such order or contract or its outstanding obligations.
14. Set-Off
14.1 The Buyer shall not be entitled to exercise any right of set off or counterclaim.
15. Law
15.1 If it becomes necessary for a court to enforce these terms and conditions and any of these terms is found to be invalid, void or unenforceable, this will not affect the remainder of these terms, which shall remain in full force and effect.
15.2 The contract and these Terms and Conditions shall be governed in all respects by, and in accordance with, current English law, and you accept that non-exclusive jurisdiction of the English Courts.
15.3 Your statutory rights are not affected by anything in these terms.
16. Dispute Resolution
If any dispute or difference shall arise between the parties in connection with or arising out of the contract which cannot be settled amicably between the parties, then either party shall give the other 14 day’s written notice to such effect and such dispute or difference shall be referred to a single arbitrator agreed between the parties within 14 days of the date of said written notice, or in default of agreement, as may be nominated by the Present for the time being of the Chartered Institute of Arbitrators.