TERMS & CONDITIONS
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 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.
1.3 Are you a business customer or a consumer? In some areas, you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information About Us and How to Contact Us
2.1 Who we are. We are Medex CBD Limited a company registered in England and Wales. Our company registration number is 10974420 and our registered office is at First Floor, 47 Upper Bar, Newport, Shropshire, TF10 7AP.
2.2 How to contact us. You can contact us by writing to our customer service team at customerservice@Medexcbd.co.uk or our registered office.
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract With You
3.1 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.
3.2 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, or because we have identified an error in the price or description of the product.
3.3 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our Products
4.1 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.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your Rights to Make Changes
If you wish to make a change to your order, please contact us. We will let you know if the change is possible.
6. Our Rights to Make Changes
6.1 Minor changes to and differences in the products. As all of our products are completely natural, the composition of each batch of products may vary. Where possible, we will display the certificate of analysis to show the composition of each product on the respective product page. Our suppliers may also make minor changes to our products which are outside of our control. We will not be liable for any of these changes.
7. Providing the Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. We will use our reasonable endeavours to despatch orders submitted before 1pm (GMT/BST) on the same day of the order. For orders received after 1pm (GMT/BST), we will despatch the products on the following business day. The products will be despatched in accordance with the delivery method chosen by you at the checkout.
7.3 Orders made at weekends and on Bank Holidays. Orders will be despatched on the next business day.
7.4 DPD & Royal Mail delivery. All products will be despatched via DPD or Royal Mail. We will not be responsible for any delays in delivery caused by DPD or Royal Mail. If you experience any issues with delivery, you will need to contact DPD or Royal Mail directly.
7.5 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.
7.6 When you become responsible for the goods. The products will be your responsibility from the time DPD or Royal Mail deliver the products to the address you gave us.
7.7 When you own goods. You own the products once we have received payment in full.
7.8 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you, for example, your delivery address. If you do not give us this information when placing your order, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need, or not providing incorrect or incomplete information.
8. Your Rights to End the Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the goods, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
8.2 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 (e) 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:
8.2.1 we have told you about an upcoming change to the product; 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;
8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control (other than delays caused by DPD or Royal Mail); or
8.2.3 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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.
8.4 How long do consumers have to change their minds? If you are a consumer you have 14 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 14 days after the day you (or someone you nominate) receives the last delivery.
8.5 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 are not a consumer who has a right to change their mind (see clause 8.1), 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 If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their 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 reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to End the Contract With Us (including If You Are a Consumer Who Has Changed Their Mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Email. Email us at customerservice@Medexcbd.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 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.
9.2 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. Prior to returning the goods, you must inform us that you intend on returning the goods by emailing us at firstname.lastname@example.org. Once we have accepted your return and informed you of this by email, you must post the goods back to us at Suite 9 Humberstone House, Humberstone Gate, Leicester, England, LE1 1WB within 14 days of our email accepting your return. If you are a consumer 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.
9.3 When we will pay the costs of return. We will pay the costs of return: 9.3.1 if the products are faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms 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.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 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 2-3 working 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.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
9.6.1 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.
10. Our Rights to End the Contract
10.1 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 provide us with information that is necessary for us to provide the products. There will be no contract between us if, upon placing your order, we have not received payment from you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If There Is a Problem With the Product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com or Suite 9 Humberstone House, Humberstone Gate, Leicester, England, LE1 1WB.
12. Your Rights in Respect of Defective Products If You Are a Consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must first inform us that you intend on returning the goods by emailing us at firstname.lastname@example.org. Once we have accepted your return and informed you of this by email, you must post the goods back to us at First Suite 9 Humberstone House, Humberstone Gate, Leicester, England, LE1 1WB within 14 days of our email accepting your return. We will pay the costs of postage or collection and will provide a return label or arrange collection when we email you to accept your return.
13. Your Rights in Respect of Defective Products If You Are a Business
13.1 If you are a business customer we warrant that on delivery any products which are goods shall:
13.1.1 conform in all material respects with their description; and
13.1.2 be free from material defects in design, material and workmanship.
13.2 Subject to clause 13.3, if:
13.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
13.2.2 we are given a reasonable opportunity of examining such product; and
13.2.3 you return such product to us at our cost, we shall, at our option, replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
13.3.1 you make any further use of such product after giving a notice in accordance with clause 13.2.1;
13.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage or use of the product or (if there are none) good trade practice;
13.3.3 you alter the product without our written consent; or
13.3.4 the defect arises as a result of wilful damage or negligence.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any replacement products supplied by us under clause 13.2.
14. Price and Payment
14.1 Where to find the price for the product. The price of the product 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 14.3 for what happens if we discover an error in the price of the product you order.
14.2 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. 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.
14.3 When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard, Mastercard Debit and Maestro. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our Responsibility for Loss or Damage Suffered By You If You Are a Consumer
15.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
15.2 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 including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our Responsibility for Loss or Damage Suffered By You If You Are a Business 16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979or section 2 of the Supply of Goods and Services Act 1982;
16.1.4 defective products under the Consumer Protection Act 1987; or
16.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
16.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
16.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation (whether innocent or negligent), or otherwise, shall be limited to:
(a) in respect of an insured loss, the amount we actually receive in respect of a claim made pursuant to our insurance; or
(b) in respect of an uninsured loss, 25% of the total sums paid by you for products under such contract.
17. How We May Use Your Personal Information
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 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. 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.
18.4 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.
18.5 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.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.