- An order for goods placed by you, the buyer, through our website(s) shall be subject to these terms and conditions.
- All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- Nothing in these terms and conditions shall affect the statutory rights of any consumer.
- All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions.
- You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
- No order submitted by you, the buyer, shall be deemed to be accepted by us until you have received written confirmation.
- We are entitled to refuse any order placed by you and will not be required to provide an explanation.
- The goods may differ slightly from the images shown.
- We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product, you, the buyer, shall be entitled to return the goods unopened together with the original invoice for a full refund within ten working days from the date of delivery, should the substituted product not be acceptable to you.
Price and Payment
- The price of the goods will be the price quoted on the website at the date the order is received and will include VAT but not delivery unless specified otherwise.
- We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, material or other costs of manufacture).
- In the unlikely event of there being such an increase in the price of the goods, you, the buyer, shall be entitled to cancel the order at any time before delivery.
- On confirmation of acceptance of your order, under these terms and conditions, payment will be charged to the debit or credit card account provided by you, the buyer, on the website order form.
- By placing an order, you, the buyer, consent to payment being charged to your debit or credit card account as provided on the order form.
- Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.
- We will issue you with an electronic receipt to your e-mail address once the goods have been dispatched.
- We are registered in accordance with the provisions of the Data Protection Act and confirm that any personal information, including details of any debit or credit card account provided by you, the buyer, on the order form, will not be disclosed to any third party [save for associated companies within the Vydex Group].
- The goods will be delivered to you, the buyer, at the address provided by you on the order form.
- The risk in the goods shall pass to you upon such delivery taking place/payment being charged to your debit or credit card account in accordance with these terms and conditions.
- Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused.
- The price of the goods does not include, and we are not responsible for, any duties, taxes or other levies payable on the arrival of the goods in any country outside of the United Kingdom and such duties, taxes and levies are the responsibility of you, the buyer.
- We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within seven days from the first date of delivery, you, the buyer, shall be entitled to cancel the order for the outstanding goods.
- Sachets are dispatched with separate adhesive vinyl labels and product; customers must apply the labels themselves after the order has been delivered.
- You, the buyer, should inspect the goods as soon after delivery as is reasonably practicable and notify us by e-mail to firstname.lastname@example.org of any shortages, defects in the goods or other complaint within 24 hours from the date the goods were delivered. IF YOU, THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LIABLE IN RESPECT OF ANY SHORTAGES, DEFECTS OR OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD.
- You, the buyer, may cancel an order within 24 hours of placing and paying for your order. For more information on returning items please contact your sales representative. Alternatively, you can contact us by e-mail on email@example.com.
- You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods and the goods are correct, that the debit or credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
Limitation of Liability
- We will use all reasonable endeavours to carry out obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
- i. Act of God, explosion, flood, tempest, fire or accident;
ii. war or threat of war, sabotage, civil disturbance or requisition;
iii. acts, restrictions, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
iv. import or export regulations or embargoes;
v. strikes, lockouts or other industrial actions or trade disputes;
vi. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
vii. power failure or breakdown in machinery. If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations three weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way, we accept no liability to compensate you for any loss or damage caused by failure to perform.
- Except where you, the buyer, are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977), we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
- Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale and Supply of Goods Act 1994.
- The copyright in the material contained in this website and any trademarks and brands included in that material belong to Vydex Corporation Limited or its licensors.
- You may download or copy the content and other downloadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
31.a. Design and artwork undertaken for Vydex Corporation Limited’s customer brand(s): The full commercial cost of such works is subsidised by Vydex Corporation Limited and thus copyright is retained by Vydex Corporation Limited throughout the duration of use by the customer. All monies transferred in relation to artwork, website design and implementation are strictly on a hire only basis for the duration of the Agreement between Vydex Corporation Limited and the customer. At any time the customer ceases trading with Vydex Corporation Limited, regardless of reason, Vydex Corporation Limited retains full and exclusive copyright and ownership of all artwork, website and other imagery created on behalf of the customer.
31.b. Vydex Corporation Limited will to the best of its ability produce customer labels according to the customer’s instructions and implement the guidelines provided by the OFT (Office of Fair Trading) regarding Food and Food Supplements labelling legislation. However, it is the responsibility of the customer to ensure that all required elements and the accuracy of each label is correct prior to final printing. A customer signed approved copy of the final label must be sent to Vydex Corporation Limited before going to print and production of the customer’s product(s). Vydex Corporation Limited reserves the right to carry out any alteration(s) deemed necessary to customer labels, artwork or text, to correct errors or inappropriate product efficacy claims.
- We will attempt to ensure that the information on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
- All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.
- We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
- We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
- The laws of England and Wales will apply to this Agreement and the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
- The headings in this Agreement are for convenience only and will not affect their interpretation.
- These terms and conditions override any other terms and conditions that may exist or be imposed by purchasers (customers). By placing an order with Omni Supplements, purchasers agree to be bound by and accept the override of the aforesaid terms and conditions.