What these terms cover.
These are the terms and conditions on which we supply goods to you.
Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Who we are.
We are bodykind Ltd a company registered in England and Wales. Our company registration number is 05224515 and our registered office is at Trimble House, 9 Bold Street, Warrington, United Kingdom, WA1 1DN. Our registered VAT number is GB851929107.
How to contact us.
You can contact us by telephoning our customer service team at 0161 974 0066 or by writing to us at firstname.lastname@example.org or 13a Gateway Crescent, Broadway Business Park, Chadderton, Greater Manchester, OL9 9XB.
How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device`s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).
The costs of delivery will be as displayed to you on our website.
When we will provide the products.
We will contact you with an estimated delivery date or to agree a delivery date.
We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you.
If you have asked to collect the products from our premises, you can collect them from us during our working hours of 9:00am to 17:00pm on Mondays to Fridays (excluding public holidays).
If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
When you become responsible for the goods.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
When you own goods.
You own a product which is goods once we have received payment in full.
You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.7.
Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Our goodwill guarantee.
Please note, these terms reflect the goodwill guarantee offered by bodykind Ltd (company registration number is 05224515) of Trimble House, 9 Bold Street, Warrington, United Kingdom, WA1 1DN to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 10.1):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
30 day period to change your mind.
Consumer to pay costs of return.
We pay the costs of return to UK customers.
When you don`t have the right to change your mind.
You do not have a right to change your mind in respect of:
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
any products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind?
You have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 0161 974 0066 (for UK customers) or +44 161 974 0066 (for customers outside the UK) or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the form on our website.
By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. For UK customers only, you must post them back to us using the pre-paid label attached to the delivery note that comes with your order. If you have lost your pre-paid label, please call customer services on 0161 974 0066 or email us at firstname.lastname@example.org. For customers outside the UK, please return items to: bodykind, 13a Gateway Crescent, Broadway Business Park, Chadderton, Greater Manchester, OL9 9XB.
If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return.
We will pay the costs of return:
if the products are faulty or mis-described and you are a UK customer;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
if you are a UK customer exercising your right to change your mind.
In all other circumstances, you must pay the costs of return.
What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a delivery address; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0161 974 0066 or write to us at email@example.com or bodykind Ltd, 13a Gateway Crescent, Broadway Business Park, Chadderton, Greater Manchester, OL9 9XB.
Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can`t be repaired or replaced, then you`re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.3.
Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection to destinations within the UK.
For UK customers only, please post them back to us using the pre-paid label attached to the delivery note that comes with your order. If you have lost your pre-paid label, please call customer services on 0161 974 0066 or email us at firstname.lastname@example.org. For customers outside the UK, please return items to: bodykind Ltd, 13a Gateway Crescent, Broadway Business Park, Chadderton, Greater Manchester, OL9 9XB.
Where to find the price for the product.
The price of the product (which includes VAT if you are in the UK - For customers outside the UK, please note you will be liable for local VAT/Taxes.) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT.
If the rate of VAT changes in the UK between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. (For customers outside the UK, please note you will be liable for local VAT/Taxes.)
What happens if we got the price wrong.
It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product`s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product`s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay.
We accept payment with all major credit and debit cards including Visa, Visa Debit, Visa Electron, MasterCard and Maestro. We also accept payments via PayPal. We do not accept American Express. You must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know.
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information.
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 7.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Food supplements should not be used as a substitute for a varied and balanced diet and are not intended to diagnose, treat, cure or prevent any ailments.
This website contains general information about food supplements. The information is not advice and should not be treated as such. All content, including text, graphics, images and information available through this website, is for general information purposes only. We make no representation and assume no responsibility for the accuracy of the information available through this website, and such information is subject to change without notice.
We do not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments or other information that may be contained on or available through this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare providers. You should consult your doctor or other professional healthcare providers if you have any specific questions about any medical matter. You should seek immediate medical attention if you think you may be suffering from any medical condition. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.