1. These Terms
- These are the terms and conditions on which we supply products to you.
- 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 cancel 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.
2. Information about us and how to contact us
- We are Clasado Limited a company registered in England and Wales. Our company registration number is 05268862 and our registered office is at Thames Valley Science Park The Gateway, 1 Collegiate Square, Shinfield, Reading, England, RG2 9LH. Our registered VAT number is GB 875 9637 56.
- You can contact us by telephoning our customer service team at +44 808 164 8278 or by writing to us at email@example.com and Customer Services, Clasado Limited, Thames Valley Science Park The Gateway, 1 Collegiate Square, Shinfield, Reading, England, RG2 9LH
- 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.
- When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
- 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 are unable to accept your order, we will inform you of this in writing and will reimburse you the price you paid 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.
- 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.
- Subscriptions. By signing up to the Bimuno® Subscription program, your first payment will be taken out directly on confirmation of order. Our recurring plan is based on a 90-day cycle, whereby your bank will deduct the same amount each time before the order is dispatched. Our plan is based on a rolling subscription and you can cancel at any time (please see clause 9.2).
- For deliveries outside of the UK, we cannot accept any responsibility for local sales taxes or duties.
4. Our products
- 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.
- 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 the products 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 products, 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 cancel the order or end the contract (see Clause 8 - Your rights to end the contract).
6. Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements, for example we may need to amend the packaging; and
- to implement minor technical adjustments and improvements.
- These changes will not affect the formula of, or your use of, the product.
- Pricing. For subscriptions, we reserve the right to increase our prices at any time after the first year of your subscription has elapsed and will notify you in writing with 10 days’ notice of any such price increase.
7. Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- Delivery address. We will deliver your order to the address you notify us when you place your order. You agree that we will not be responsible for failure to deliver the order if you have supplied us with an incorrect address. For subscriptions, it is important that you keep your address up to date and notify us of any changes.
- When we will provide the products. We will aim to despatch product by the first working day after receipt of order according to the shipping option requested, and in any event within 14 days after we accept your order. We will notify you when the product has been despatched.
- 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 cancel your order or end the contract and receive a refund for any products you have paid for but not received.
- 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, or left in a safe place, the carrier may leave you a note informing you of how to rearrange delivery or collect the products from a local depot (as may be applicable).
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the carrier may contact you for further instructions and you may be charged for any further delivery costs. If delivery or collection cannot be arranged we may cancel your order or end the contract and Clause 10.2 will apply.
- Your legal rights if we deliver products late. You have legal rights if we deliver any products late. Nothing in these terms will affect your legal rights. For detailed information about your legal rights please visit the Citizens Advice website or call 03454 04 05 06.
- When you become responsible for the products. Products will be your responsibility from the time we deliver them to the address you gave us.
- When you own products. You own the products once they have been delivered to you, although you will have legal rights in respect of the products as soon as you have paid for them. For detailed information about your legal rights please visit the Citizens Advice website or call 03454 04 05 06.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the products as requested by you or notified by us to you (see clause 6).
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
8. Your rights to end the contract
- 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 and get the product replaced or get some or all of your money back, see Clause 11;
- If you want to end the contract because of something we have done or are going to do, see Clause 8.2;
- If you have just changed your mind about the product and want to cancel the order and return the products,seeClause 8.3. Please note that you do not have a right to cancel where products are unsealed (see Clause 8.4); and
- In all other cases (if we are not at fault and there is no right to change your mind),see Clause 8.6.
- 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 Clause 8.2.1 to 8.2.4 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 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;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- 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. Please note that you do not have a right to cancel where products are unsealed (see Clause 8.4). Our returns policy is set out in Clause 9.
- 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 which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- How long do I have to change my mind? You may return the products in accordance with Clause 9.
- 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 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products 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.
9. How to return products or end the contract (including if you have changed your mind)
- Our returns policy. If you wish to return products the following terms apply:
- Products can only be returned for a full refund if they are unopened, unused and in a re-saleable condition with all packaging intact and must be returned within 30 days of despatch.
- If you do not have your despatch note or invoice, please include an explanatory note quoting your order number and reason for return to the address in Clause 9.1.3 or 9.1.4 (as applicable) (sent at your own cost unless agreed otherwise with us beforehand):
- If products are faulty they should be returned to this address: Clasado Limited, Thames Valley Science Park The Gateway, 1 Collegiate Square, Shinfield, Reading, England, RG2 9LH;
- If products are not faulty, but you have changed your mind, they should be returned to this address: Returns C/O Clasado Ltd, James and James Fulfilment Ltd., Liliput Road, Brackmills, Northampton, NN4 7DT;
- Clause 9.4 sets out who pays the cost of the return; and
- The time period for refunds or replacements is set out in Clause 9.7
- Tell us you want to end the contract. If it is a cancellation of a one-off sale, you can follow the procedure in Clause 9.1 to tell us you want to end the contract. Otherwise, to end the contract with us (particularly in the case of subscriptions), please let us know by doing one of the following:
- Phone or email. Call customer services on +44 (0) 808 164 8278 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off this 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.
- If you want to discuss a return. If you want to discuss a return with us, please call customer services on +44 808 164 8278 or email us at email@example.com.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or mis-described; and
- 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.
- In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- 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 (if possible, or we may refund by cheque). 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 products, 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 products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Refunds will not be made in respects of products which have been tampered with, damaged by you or unsealed.
- 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 or replacement will be made. Please allow 10 working days for your refund/replacement to be processed.
10. Our rights to end the contract
- We may end a subscription contract, or cancel an order in certain circumstances. We may end the subscription contract or cancel an order 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 7 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, delivery address; or
- you do not, within a reasonable time, allow us to deliver the products to you.
- 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 you (See Clause 9.6).
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 telephone our customer service team at +44 (0) 808 164 8278 or write to us at firstname.lastname@example.org and Clasado Limited, Thames Valley Science Park The Gateway, 1 Collegiate Square, Shinfield, Reading, England, RG2 9LH.
- Summary of your legal rights. 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. For detailed information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us in accordance with Clause 9. We will pay the costs of postage or collection in these circumstances. Please call customer services on email@example.com or email us at firstname.lastname@example.org for a return label.
12. Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 12.3 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 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.
- What happens if we got the price wrong. It is always possible that, despite our best 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 products provided to you.
- When you must pay and how you must pay. We accept payment in accordance with the payment options set out on the website (which includes all major credit and debit cards and PayPal, and as may be amended from time to time). You must pay for the products upon placing your order.
13. Our responbility for loss or damage suffered by you
- 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.
- 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 11.2 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.
14. How we may use your personal information
15. Other important terms
- 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 and what the consequences will be for you (if any), and how you may cancel if you are not happy with this.
- 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. We will not agree if you have unsealed the products. This does not affect your legal rights.
- 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 15.2 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.