- Use of the website
- Conditions applicable
- Exchange Rates, Taxes & Duties
- Copyright Issues
- Returns and Refund Policy
- The Price and Payment
- The Goods
- Warranties and Liability
- Delivery of the Goods
- Title and Risk
- Remedies of Buyer
- Proper law of contract
- WEEE Regulations
This is the User Agreement which governs your use of this website and the purchase by you of the services and products we provide. Each website is owned and operated by the Seller.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Services Representatives by e-mail or call us on 0207 483 1991. Please note that all calls to our Customer Services Representatives will be charged at the local rate (BT users only, other network charges may vary).
1.1 "Buyer" means the person who buys or agrees to buy the Goods from the Seller.
1.2 "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.
1.3 "Goods" means the Sellers products, which the buyer agrees to buy from the Seller.
1.4 "Price" means the price for the goods including where applicable carriage packing insurance and VAT (where applicable).
1.5 "Seller" means Oxyvita Limited of 117 Finchley Road, Swiss Cottage, London, NW3 6HY.
1.6 "RMA number" means a Return Merchandise Authorisation number.
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2 Use of the website
Please take time to read these terms and conditions. It is important that you understand our contractual relationship relating to your use of this website. Placing your order confirms that you have read and agree to these Terms and Conditions.
All products sold through the Seller's websites are not an offer by the Seller to sell any product, but an invitation to you to make an offer to the Seller. We are free to accept or reject that offer. We will send you an order confirmation acknowledging receipt of your order. Once we have processed and despatched your order, you will receive a despatch confirmation.
Please make sure that you have read and understood the information in these Terms and Conditions as, it is your responsibility to make sure you have done so.
You undertake to us that the details you give to us while using our websites are correct in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the product or service.
If there are any changes to the details supplied to us by you, it is your responsibility to inform the Seller via an email or by contacting our Customer Services as soon as possible.
We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However there may be times when obvious errors occur. For example, very occasionally, this may result in a price, product or service or other detail displayed being incorrect. In this case we reserve the right to cancel that contract, but this of course will be without any liability to you.
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3 Conditions applicable
3.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and supersede all previous Terms and Conditions and take effect from 1st January 2010.
3.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions
3.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions
3.4 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
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4.1 General Disclaimer
While we endeavour to keep this website up to date and accurate at the time of publishing, including product pricing, we do not accept any liability to any person or persons for loss or damage which may arise from the information contained in product description or images. Products obtained from this website are purchased at the customers own risk and advice from a qualified medical practitioner should be sought if you have a pre-existing medical condition. We retain the right to change the pricing of any product at any time and to refuse orders, which contain products that are priced incorrectly. The Seller retains the right to refuse to accept any order.
4.2 Medical Disclaimer
All product descriptions and/or any advice given either on the website, telephone or via email should only be used as a guide and further guidance from a medical professional should be sought if you are intending to use any of the products purchased from this web site. If you are intending to use a product purchased from this website in relation to a pre existing medical condition, a child's medical condition or if you are pregnant then a medical professional should be consulted before you start any course of treatment. We accept no liability nor responsibility for the claims of the manufacturer nor do we accept any responsibility if the stated dosage is exceeded or not strictly adhered to.
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5 Exchange Rates, Taxes & Duties
Prices in currencies other than UK Sterling are calculated from exchange rate figures provided by our bank from time to time and will fluctuate. All taxes and duties remain the responsibility of the customer. UK VAT is included within the prices shown for each product.
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6 Copyright Issues
All product descriptions and images, where applicable, remain the copyright of the manufacturer or authorised distributor. All other images, information and source code are and remain the sole property of the Seller, and prior written permission is required in order to use our images, information or source code. Please email us for further details.
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The Seller understands the importance of keeping the information about you that you entrust to us confidential and secure ("Customer Information"). We will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
You can visit many pages on our website without the need to supply any Personal Information.
The Seller may collect Personal Information about you:
7.1.1 when you register an account
7.1.2 when you purchase products and/or services
7.1.3 when you participate in competitions, questionnaires and surveys
7.1.4 when you contact us or our customer services personnel
7.1.6 when you provide certain content the Seller, for example testimonials and customer reviews
7.1.7 from third party sources, for example credit checking agencies
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
While ordering you will be given the option to receive information from the Seller by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you un-tick the appropriate box on checkout. You must unsubscribe from our contact list at any time by clicking on the unsubscribe link. including a regular newsletters containing special offers. You will have the option on purchase or registration to unsubscribe from these newsletters. You will also have an option to unsubscribe when each newsletter is received. Should you wish to re-subscribe simply either email Customer Services or login to your account and tick the subscribe box.
Your Customer Information may be disclosed to carefully selected third party partners and providers including service providers, joint venture partners and outsource providers to perform various functions on our behalf. To the extent required to perform such functions on our behalf, these companies may process your Customer Information. Such functions include, delivering products and services, processing credit card payments, communicating with you, including providing customer service, via telephone, email, post or otherwise.
7.3 Information from other sources
We may receive information about you from other sources, for example from credit reference agencies to guard against fraud or address, delivery information from third parties engaged for record correction purposes etc.
7.4 How do we use your Customer Information?
The Seller will use your Customer Information for a number of different purposes including:
7.4.1 For registration
7.4.2 For fulfilling orders
7.4.3 For responding to your queries
7.4.4 For improving your onsite experience and providing you with information about products and services, special offers and promotions
7.4.5 For internal operations and analysis
7.5 Responding to communications
We may use your Customer Information to respond to your queries for example, about an order or problems ordering and navigating the website. In order to address your query, you may be contacted by email, over the telephone, or other communication method by a member of one of our customer services team. We may contact you via email, phone or other communication channel to respond to suggestions you may send to us (for example about our website, products and services) and to assess and announce the results of surveys, competitions and other contests you may have participated in. Some information including customer e-mails received by the Seller may be used by us for testimonials but your Personal Information, such as e-mail address or contact details, will never be displayed publicly by us.
7.6 Internal administration and fraud prevention
We may also use your Customer Information for internal administration, analysis and quality assurance purposes, including fraud prevention.
We use your Customer Information to help us guard against fraud. When you make a purchase for products or services offered on our website, we will automatically pass certain Customer Information which you provide to us (for example, your name, credit card, billing address details) to third party payment processors. If your Customer Information cannot be satisfactorily verified (for example, your stated billing address does not match your credit card details), we will contact you to notify you that your purchase request has not been confirmed and to request corrected details, if they can be provided, before we can process your order.
7.7 Compliance with laws and regulations
We may disclose your Personal Information to third parties, such as official bodies and our professional advisers, as far as we believe necessary:
7.7.1 to comply with relevant laws, orders or regulations,
7.7.2 to enforce our customer terms and conditions of use or other contractual agreements and
7.7.3 to protect the property and other rights of the Seller, customers and others (for example, in any way relating to protection against fraudulent activities in respect of the Seller).
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8 Returns and Refund Policy
The Seller abides by UK consumer legislation including the consumer protection rules set out in the Consumer Protection (Distance Selling) Regulations 2000.
8.1.1 Should you wish to cancel your order:
22.214.171.124 Before the goods have been despatched to you, you are required to send us notification of cancellation in writing or email stating your order or payment reference as proof of purchase.
126.96.36.199 Where goods have already been despatched to you, you are required to send us notification of cancellation in writing or email stating your order or payment reference as proof of purchase within 7 working days following the day of its delivery to obtain an RMA number authorising the return for a full refund or exchange. The costs of returning the goods to us shall be borne by you.
8.1.2 No returns will be accepted without an RMA number. The RMA number will be valid for 7 working days from issue.
8.1.3 Refunds may only be offered if the item purchased is returned complete with all contents enclosed in its original packaging and returned in a good and re-saleable condition. If the product returned has been used or is not in a fully re-saleable condition, we reserve the right to refuse a refund on the item and return the item back to you free of charge.
8.1.4 For your protection we suggest that all goods must be returned by recorded delivery or with proof of posting. Items must be returned in suitable protective packaging to avoid damage in transit. We cannot accept liability for goods lost or damaged during transit.
8.1.5 Upon receipt the goods will be inspected and where applicable authorised for a full refund of the amount paid or an exchange.
8.1.6 Refund or exchange will not be provided for items which are proven to be wilfully damaged or modified.
8.1.7 Refunds for valid claims will be made via the same method of payment as used to place your order.
8.1.8 Please note that for reasons of copyright, your rights to return products do not apply to those which fall into the following categories, if the item is returned unsealed:
188.8.131.52 Videos, CDs and DVDs
8.2 Faulty Goods
8.2.1 If your purchase is found to be faulty, please notify us by phone or email together with your order or payment reference to obtain an RMA number to authorise the return and receive a FREEPOST returns label. The item will be inspected by our returns department and faulty items will be repaired by the manufacturers and within the manufacturers guarantee period. If the item cannot be repaired an exchange or refund will be issued.
8.2.2 Returns cannot be accepted without an RMA number. The RMA number will be valid for 7 working days from issue.
8.2.3 If the item has been received by us and has been tested without a fault being found the item will be sent back to you free of charge.
8.3.1 Please allow up to 21 days for the money to appear in your account.
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9 The Price and Payment
9.1 The Price of the Goods shall be the price stipulated from time to time on the Seller's websites.
9.2 Unless otherwise agreed in writing between the parties, payment of the invoice shall be made immediately by credit card, debit card, cheques or echeque payment.
9.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 4% above the Base rate from time to time provided by our bank.
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10 The Goods
The quantity and description of the Goods shall be as set out in the Seller's websites provided that the Seller may from time to time change the specification of the Goods which are required to comply with any applicable safety hygiene or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods, but this shall not prejudice the buyers statutory rights.
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11 Warranties and Liability
The Seller warrants that the goods will at the time of delivery correspond to the description given by the Seller. So far as current statute and common law of England and Wales permits all other warranties conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
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12 Delivery of the Goods
12.1 Goods will be despatched once payment has been received from the Buyer. Goods that are paid for by cheque or echeque will not be despatched until payment has cleared (usually 5 working days).
12.2 Delivery of the Goods shall be made to the Buyer's requested delivery address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
12.3 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatsoever.
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13 Title and Risk
Risk shall pass to the Buyer on delivery of the Goods and Title shall pass only upon payment of the Price in full being received for the Goods.
Until property in the goods passes to the Buyer in accordance with this contract, the Buyer shall hold the Goods on a fiduciary basis as bailee for the Seller.
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14 Remedies of Buyer
Where the Buyer accepts or has been deemed to have accepted any goods then the Seller shall so far as current legislation permits have no liability whatever to the Buyer in respect of those Goods.
The Seller shall be under no liability whatever to the Buyer for any indirect loss and or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
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15 Proper law of contract
This contract is subject to the law of England and Wales whose courts shall have exclusive jurisdiction for any dispute arising out of it.
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The person or persons who order any goods on behalf of the Buyer warrant that they have the appropriate and necessary authority to do so and to bind the Buyer to the terms set out in this contract.
This contract contains the entire agreement between the Buyer and the Seller. Any notice given under this contract shall be deemed to have been validly given if posted to the party receiving it by first class pre paid post to the address of the party stated above.
Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of the contract.
If the Buyer fails to pay for the Goods in accordance with this Contract of sale or
16.1 commits any other breach of this contract of sale or makes any arrangement with its creditors or
16.2 commits an act of bankruptcy or a petition in bankruptcy is presented against the Buyer or
16.3 is unable to pay its debts as they fall due or
16.4 is subject to a winding up petition or shall have a receiver, administrator, manager or administrative receiver appointed
The Seller may without prejudice to any other rights it may have, suspend all future deliveries of Goods to the Buyer and or terminate the contract without liability upon its part and exercise its rights hereunder.
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17 WEEE Regulations
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
Recycling reduces the environmental and health risks associated with sending electrical goods to landfill.
Oxyvita Limited is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
Customers must return their like-for-like WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste, so that they can be recycled.
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