ATTENTION: PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. THIS NOTICE IS ISSUED BY BAREFOOT NUTRITION LIMITED.
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- This website is operated by Barefoot Nutrition Limited (“we”, “us”, “our” or “Barefoot Nutrition”) and these terms (“Terms”) apply to Products supplied directly to you by Barefoot Nutrition Limited via this website. We are registered in England and Wales with company no. 10696828 ("Barefoot Nutrition"). Our registered office is at Office 1, Anchor Quay, Penryn, Cornwall, TR10 8GZ. Our main trading address is Apt 15473, Chynoweth House, Trevissome Park, Truro, TR4 8UN.
FORMATION OF THE CONTRACT
- The shopping pages of our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been dispatched ("Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation. If we are unable to supply you with some or all of your order, for example because the products are not in stock or are no longer available or because we cannot meet your requested delivery date, we will inform you of this and we will not process your order. If you have already paid for the products we will refund you the full amount including any delivery costs charged as soon as possible.
- The contract is subject to your cancellation rights (see clauses 16 to 19 below).
- We may amend these Terms from time to time by uploading a revised version to the website. Every time you wish to order Products, please check these Terms to ensure you are familiar with the most up to date version and that you understand the terms that will apply to your purchase.
- You may have other rights granted to you by law in addition to those set out in these Terms that we cannot exclude. These Terms do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen's Advice Bureau or Trading Standards Office.
DESCRIPTION AND PRICE OF GOODS
- The description and price of the Products ordered will be as shown in the online shop at the time the order is placed.
- All Products are subject to availability. As described in clause 2 above, if on receipt of your order the Products are not available or in stock, we will inform you by email or by telephone as soon as possible and offer you alternative Products or refund or re-credit any sum that has been paid by you or debited from your credit or debit card for the Products.
- Every effort is made to ensure that prices shown on the website are accurate at the time your order is placed but we cannot guarantee price accuracy in every case. If the Products that you have ordered were incorrectly priced, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit any sum that has been paid by you or debited from your credit or debit card for the incorrectly priced Products.
- In addition to the price of the Products, you may be required to pay a delivery charge for delivery of the Products. This charge will be brought to your attention at the time you place your order for the Products. We will always ensure that you are shown the total price that you have to pay (inclusive of delivery charges) at the time that you submit your order to us.
- If we charge VAT, the price of all Products and delivery charges are inclusive of VAT.
- Payment for the Products and delivery charges can be made using any of the methods shown on the website at the time you place your order.
- Goods ordered will be delivered to the exact address you give when you place your order. Deliveries cannot be made outside of the United Kingdom.
- Every effort will be made to deliver the Products as soon as possible after your order has been accepted and in any event within 30 days of your order. However, we will not be liable for any loss or damage suffered by you through any unavoidable delay which is beyond our reasonable control or which does not arise due to our negligence. If there is a delay, we will inform you about it as soon as possible.
- If you are not able to accept delivery when it is attempted our carrier will leave a ‘missed delivery card’ with your tracking number and date of attempted delivery. If our carrier is unsuccessful in delivering the Products, the shipment will be held at the carrier’s facility for the period of time advised on the delivery card before returning to us.
- Subject to the following provisions of this clause, you have a legal right to cancel a contract made between us for the supply of Products made via this website. This right will last for 14 days after the day on which you receive the Products. This means that during the 14 day period if you change your mind or decide for any other reason that you do not want the Products, you can notify us of your decision to cancel the contract and receive a refund. Due to the consumable nature of the Products, this cancellation right does not apply if you have opened the Products, tampered with or otherwise damaged the anti-tamper seal. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by emailing email@example.com and we will advise you of the cancellation procedure. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail to us.
- If you cancel your contract you will receive a full refund for the price of the Products and any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. We are permitted by law to reduce your refund to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop (for example, mishandling the products or damaging the packaging before returning them to us. We will pay the refund to you on the credit card or debit card used by you to pay.
- To receive details about how you return Products to us, please email us at firstname.lastname@example.org. You must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. We will pay any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the unopened Products back from you or (if earlier) the 14 days after the day on which you provide us with satisfactory evidence that you have returned the Products back to us.
LIMITATION OF LIABILITY
- Nothing in these Terms of Sale shall limit our liability for death or personal injury arising from our negligence, or for fraud, fraudulent misrepresentation by us or our employees.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 21 – 23 INCLUSIVE.
- Subject to clause 22, we shall not be liable for any losses which were not reasonably foreseeable at the time of entering into a contract with us (whether or not caused by our negligence).
- For liability not covered by clause 21 above, we will not be responsible for any loss that could not have been expected to occur in advance of the loss occurring, or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
- In certain cases we may not be able to provide the Products, or carry out some of our other duties under contract, because of something that is beyond our reasonable control. This could include war, an act of terrorism, shortage of materials, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not our fault. If this happens then we will not be responsible for so long as the effects of the event continue for any failure to provide the Products. We will continue to try to provide the Products as soon as possible despite any such events.
APPLICABLE LAW & LANGUAGE
- Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- All comments, queries and requests relating to our Products or their intended use of are welcomed and should be addressed to Barefoot Nutrition Limited, Apt 15473, Chynoweth House, Trevissome Park, Truro, TR4 8UN or by email to email@example.com.
- Any complaints should both be placed in writing, and addressed to the Customer Care Department, at the above address, or by email to firstname.lastname@example.org.
- We pride our self on delivering complete customer satisfaction on all of our products. In the unlikely event that Products arrive damaged or faulty, please contact the Customer Care Department who will advise you further.