Terms and Conditions of Sale
AXISBIOTIX TERMS & CONDITIONS OF SALE
These Terms set out the basis on which we sell Product(s) to you on the www.axisbiotix.com website (the Website). Please read these Terms carefully. Subject to clause 2.5, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
In these Terms, when we say:
you or your - we mean you, the customer ordering and purchasing Products;
we, us or our - we mean Axisbiotix Limited, a company registered in England (company no: 12276227), registered office address: AxisBiotix Limited, The Core, Newcastle Helix, Newcastle upon Tyne NE4 5TF from whom you purchase Products online at axisbiotix.com.
To contact our customer service team, please e-mail: firstname.lastname@example.org.
OUR AGREEMENT WITH YOU
1.1 Each order you place and purchase of Product(s) you make is subject to these Terms.
ORDERING PRODUCT(S) FROM US
2.1 You will have an opportunity to check and correct any input errors in your order via the Website up until the point at which you submit your order by clicking the "confirm order and pay" (or similar) button on the check-out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the "confirm order and pay" (or similar) button, you will need to pay for the Product(s) you have ordered via the Website.
2.2 Your order is an offer to purchase from us. When you place an order with us, you do so in accordance with these terms, subject to our acceptance of your order. We will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
2.3 Unless we have notified you that we do not accept your order or you have cancelled it in accordance with our returns policy prior to dispatch, we accept your order when the Product(s) are despatched for delivery to you.
2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
2.5 Our agreement is formed when we accept your order. The processing of your payment and acknowledgment of receipt of your order (by email) does not constitute legal acceptance of your order.
2.6 If we accept your order, we have a legal duty to supply our Product(s) in conformity with our agreement.
PRICING AND DELIVERY CHARGES
3.1 Unless otherwise stated, prices for Product(s) are displayed in GBP £ or USD $ as applicable. Prices are inclusive of value added tax (VAT) or other applicable sales tax. However, if the rate of VAT/sales tax changes between the date of your order and the date of delivery, we will adjust the VAT/sales tax you pay, unless you have already paid for the Products in full before the change in VAT/sales tax takes effect.
3.2 Prices for Product(s) exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the delivery address, please see the Delivery section below for further details. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket and added to your order.
3.3 We may update prices at any time. Despite our best efforts, Products may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
AVAILABILITY OF PRODUCT(S)
4.1 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in clause 3.3, we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged.
5.1 The total cost of your order and/or purchases is the price of the Product(s) and applicable delivery charges.
5.2 We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
5.3 Payment can be made by debit or credit card. We currently accept all major debit and credit cards from the UK and the USA.
5.4 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
5.5 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
Where you purchase Products on a subscription basis, your Product subscription will automatically renew and you will receive repeat deliveries based on the subscription duration and frequency that you originally selected. We will notify you at least 10 days in advance of your automatic renewal date to remind you of this date. By purchasing on this basis, you authorize us to automatically charge your credit/debit card account for the Product subscription price on each renewal date without any additional action by you. You may cancel your subscription at any time by emailing us at email@example.com. You will need to cancel 10 days before your subscription renewal date to avoid being charged for your next Product delivery.
DELIVERY OF YOUR ORDER
7.1 When you order Product(s) the terms that apply to your delivery will depend upon the delivery address you select. Unless we specifically agree otherwise, we currently only deliver to addresses in the UK or USA.
7.2 Orders received before 8am UK time (Monday to Friday) are dispatched within 3 working days. Orders submitted during the weekend will be processed on Monday morning UK time. Our standard delivery times after dispatch are: UK 2-3 working days, and USA 3-5 working days.
7.3 All orders are sent via courier and can be tracked via an SMS or email with a track and trace link sent from the courier which enables you to track your order. If you do not receive an SMS or email within 72 hours of placing your order (Monday to Friday) please contact us at firstname.lastname@example.org.
7.4 We are unable to alter or cancel orders once they have been placed. If you wish to change delivery details please contact us at email@example.com immediately and we will do our best to help. If you wish to cancel your order after placing it, please see the Cancellation section below.
7.5 If your order has not arrived 10 working days after the date of dispatch, please contact us at firstname.lastname@example.org
7.6 Subject to availability and these Terms, where we have agreed to deliver the Product(s), our carrier will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order.
7.7 You must do all that you reasonably can to enable the delivery to take place on the given date. If our carrier is unable to deliver the Product(s) as a result of your action or inaction (for example, you are not present at your property), our carrier may need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
7.8 Delivery will be completed when we deliver the Product(s) to the address you specified in your order.
7.9 You will own the Product(s) once we have received payment in full. On delivery of the Product(s) to you, the Product(s) shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage.
CANCELLATION OF YOUR ORDER
8.1 You may cancel your order (or any part of it) for any reason within 14 days after the date of delivery:
by accessing ‘subscriptions’ within your online account; or
e-mailing us at email@example.com; or
writing to us at: AxisBiotix Limited, The Core, Bath Lane, Newcastle Helix, Newcastle upon Tyne, NE4 5TF UK.
to cancel the order (or part of it) and arrange return.
8.2 Where your order comprises multiple delivery shipments, the 14 day cancellation period for the Product(s) in your order runs from the date of the delivery of the last shipment to you.
8.3 You will lose your right to cancel after the expiry of the 14 day period referred to in clauses 8.1 and 8.2 (this does not affect your rights if there is any problem with the Product(s)).
8.4 You may use the cancellation form at the end of these Terms, but you do not have to.
8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6 Your right of cancellation will not apply to Product(s) which are sealed and which will not be suitable for return due to health protection or hygiene reasons, if they become unsealed or opened or partly consumed after delivery.
8.7 You may need to take delivery of the Product(s) before you can cancel your order if the Product(s) are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 10.
RETURNS AND REFUNDS
9.1 Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elected to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 14 days after the day:
you notified us to cancel your order, where you have not received the Product(s) (and the Product(s) have not been despatched to you); or
we receive the Product(s) you returned to us, where you were in receipt of the Product(s); or
you provide us with a proof of return for the Product(s), where you have returned the Product(s) but we have not yet received them.
9.2 If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order.
9.3 You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Product(s) (in which case you must comply with any disposal instructions). Unless the Product(s) is (are) faulty you will be responsible for the cost of returning the Product(s).
9.4 You must keep the Product(s) you wish to return in your possession and take reasonable care of the Product(s) at all times while they are in your possession. This means that you must not use the Product(s) (except to the extent reasonably necessary to inspect and examine them).
9.5 We reserve the right to make a deduction from the amount of any refund for loss in value of the Product(s) returned where the Product(s) show signs of unreasonable use; for these purposes, unreasonable use includes handling the Product(s) beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Product(s) (or they have been dispatched to you), we may withhold any refund until we have received the Product(s) or you have supplied proof of return for the Product(s).
Your consumer rights are not affected
FAULTY OR DAMAGED PRODUCT(S)
10.1 On receipt of the Product(s) you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Please email us with details and with a photograph of the unopened, damaged goods within the original packaging to firstname.lastname@example.org.
10.2 In addition to the right to cancel an order as described in clause 8, if there is a problem with your order or the Product(s) you purchase is(are) faulty, we may make good any shortage or non-delivery, or offer an exchange or refund as appropriate in accordance with your consumer rights. Please e-mail us at email@example.com.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 In your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:
11.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
11.1.2 loss which arises when we are not at fault or in breach of our agreement; and
11.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
11.2 As a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
11.3 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
11.4 Our Website may contain information and materials created and submitted by third parties, and, subject to clauses 11.2 and 11.3, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
OUR RIGHTS TO CANCEL
12.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Product(s) to you, provided that where you have paid for Product(s) in advance of our cancellation of our agreement, we shall, at our discretion, supply those Product(s) to you or cancel the supply of those Product(s) and refund you the price paid for those Product(s).
EVENTS BEYOND OUR CONTROL
13.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Product(s) supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
14.1 If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
YOUR PERSONAL INFORMATION
16.1 Subject to clause 16.2, you and we agree that our agreement is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.
16.2 Regardless of clause 16.1, you and we agree that if you are a resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.
OTHER IMPORTANT TERMS
17.1 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.
17.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.3 If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
UPDATES TO THESE TERMS
18.1 We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase a Product from us, the Terms in force at that time will apply (as set out on our Website). Please check on our Website to ensure that you understand which Terms apply.
CONTACTING US AND YOU
19.1 If you have any questions, complaints or concerns with respect to your order or these Terms, please contact our customer services team by email at: firstname.lastname@example.org;. We are available 9am -5pm Monday to Friday (UK times) and will endeavour to respond to all queries as quickly as possible.
19.2 Any formal legal notices should be sent to our registered office address which is at AxisBiotix Limited, The Core, Newcastle Helix, Newcastle upon Tyne NE4 5TF
19.3 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.
To: Axisbiotix Limited
Address: AxisBiotix Limited, The Core, Bath Lane, Newcastle Helix, Newcastle upon Tyne, NE4 5TF UK.
Email address: email@example.com;
I/we hereby give notice that I/we cancel my/our contract of sale of the following Products:
Ordered on/received on:...........................................
Name of consumer(s):..............................................
Address of consumer(s):...........................................
Signature of consumer(s) (only if this form is notified on paper):