FLINTCHOICE LIMITED T/A BLISS CHEMIST
TERMS & CONDITIONS
Introduction
1.1 Flintchoice Limited (trading as Bliss Chemist), a company incorporated in England and Wales with registered number 1566682 whose registered office is at 50-56 Willesden Lane, Kilburn, London NW6 7SX. Our other contact details are specified in the “Contact Us” section on our Website.
For the purposes of these Terms & Conditions;
“Goods” means goods displayed for sale on the Website;
“Website” means website at http://www.blisschemist.co.uk
“We/Our/Us” means Flintchoice Limited t/a Bliss Chemist;
“You/Your” means any user of the Website
1.2 When you access the Website, You agree to be bound by the Terms & Conditions set out below. We reserve the right to modify or change these Terms & Conditions without notice and you should view them each time you visit Our Website. We recommend that You print a copy for your own records.
1.3 Your use of this Website signifies Your agreement to these terms and conditions. They constitute a contract between You and Us governing your use of this Website. Your use of this Website and any purchase made by you on this Website of any products is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English Courts. If You are a consumer Your statutory rights are not affected by this agreement.
2. Purchase of products or services
2.1 Any purchases on this site are subject to the applicable trading terms and conditions.
3. Instability of the internet
3.1 The Internet is an inherently unstable medium. We do not guarantee uninterrupted or error-free service and accept no responsibility in respect of such interruptions or errors.
3.2 The Website may be unavailable for any length of time. We will attempt to restore it as soon as it is practical. We will not be liable for any loss or inconvenience suffered by users of the Website when the Website is unavailable. We cannot guarantee that this Website will operate either fully or in part on any specific computer equipment or in any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology.
4. Information on this website
4.1 We use reasonable efforts to include accurate and up to date information on this site but make no warranties or representations of any kind as to the accuracy of such information. The information must not be relied upon. It does not constitute medical or other advice. We assume neither liability nor responsibility for any information on this site. Such information is used or relied upon at your own risk.
4.2 We accept no responsibility for any typographical errors or technical inaccuracies on the Website that will inevitably occur from time to time or for any information on the Website that is out of date. We will, of course, try to ensure that the prices stated on the Website are correct and if we discover any errors in the price of Goods before we accept Your order We will notify you as soon as possible and give you the option to resubmit your order at the correct price or otherwise cancel Your order. The information provided on the Website is for information purposes only and is not to be construed as advice or a recommendation to buy Goods.
4.3 We may be obliged by law to store all of Your communications and material including activity logs and We may have to disclose details of these to government or authorised officials upon request. Log files are utilised by the Website and do not link into personally identifiable information. The Website uses UK2Net who are SSL (Secure Sockets Layer) technology to ensure that the details You provide when placing an order are kept private and secure. Our secure server encrypts Your credit or debit card number details along with Your personal information and converts them into bits of code that are then securely transmitted over the Internet. Your browser will show when You are in a secure environment by displaying either a locked padlock or an image of a key in the grey bar at the bottom of the page; it may also warn You when You are entering secure mode as You go to place Your order.
4.4 As a UK based company we abide by the rules and regulations of the Data Protection Act 1998, and as such no information supplied to us will be given to or used by any third parties other than Us.
5. Links to other sites
5.1 Whilst on this Website, You may be offered links to other sites which We hope will be of interest. However, We have no control over such sites and do not endorse them. You agree that We are not responsible for the availability or content of, or goods or services available on, those Websites.
6. Registration
6.1 You must be over 18 to register and use this Website and the details which you give Us must be true. The user name and password selected by You on registration are personal to You and are not transferable. You are responsible for keeping them secure so that no-one else can misuse them.
6.2 You should choose a password that is not known or obvious to any other persons nor should you divulge your password to any third party, as You will be liable for all activity and charges incurred through use of Your password whether authorised by You or not.
6.3 You must protect against unauthorised access to your computer. You must ensure that you sign off when you finish using a shared computer.
6.4 Any breach of security concerning Your user name and password should be notified to Us immediately.
6.4 You are responsible for the content of Your communications. You undertake to Us to the best of Your ability to ensure Your usage of the service complies with all applicable laws and regulations. You may use the Website only for the consideration of Goods or the purchase of Goods and not for any of the following purposes:
• prevent any other person's use of the Website;
• communicate any material that is or incites behaviour that would breach any criminal and civil laws, or any regulatory code of practice
• circulate any material that would be construed as harassing, defamatory, libellous, racist, abusive or threatening or distribute obscene or vulgar material of a sexual nature
• breach any laws governing the use of public telecommunications network
• produce, store or communicate electronic copies of materials protected by copyright without the permission of the owner
• access other computer systems without express authority
• interfere with or disrupt networks or third party web sites connected to the Website
• distribute material that contains any viruses or disruptive programs
6.5 We can suspend or terminate Your access to the website or part thereof if:
• You breach any of Your obligations under these Terms and Conditions
• We believe You have provided false or misleading information during the course of making an online purchase
• We shall not be liable for any damages without limitation, indirect or consequential in respect of actions or decisions which have been taken by relying on the information, contained within the Website or any linked site.
• In particular if You are a business customer We shall not be liable to You for any loss or damage, including without limitation loss of profit, business loss, depletion of goodwill or otherwise (whether direct, indirect or consequential), costs or claims for consequential compensation whatsoever, howsoever caused which arise out of or in connection with this use of this Website.
7. Intellectual property rights
7.1 The content of Our Website including without limitation all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trade marks, service marks, patents or other proprietary rights.
7.2 Except insofar as expressly permitted in these Terms & Conditions, the content of this Website may not be retrieved, displayed, modified, copied, printed, sold, downloaded, sold, hired, reverse engineered or transmitted in any way without Our prior written consent.
7.3 You may retrieve and display the content on this Website for your own personal use only if it is directly connected to the order made on the system.
7.4 You may not link to this Website or include this Website in part or in whole within another external Website without Our prior written permission.
7.5 You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else without Our prior written consent.
8. Data protection
8.1 Personal information collected from you is subject to our privacy policy.
9. Disclaimers
9.1 This section (and any other clause excluding or restricting Our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to Us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted.
9.2 We exclude all liability of any kind including breach of contract, tort (including negligence) or otherwise with respect to this website including without limitation its use or any information on it or transmitted in connection with it or any breach of security or any inability to access the website.
9.3 Without prejudice to the previous paragraph, in no event (including our own negligence) will We be liable for any:
9.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
9.3.2 loss of goodwill or reputation;
9.3.3 special, indirect or consequential losses; or
9.3.4 damage to or loss of data (even if we have been advised of the possibility of such losses) with respect to this website.
9.4 This Website is provided “as is”. To the extent allowed by law, We exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose.
10. General
10.1 These terms and conditions constitute the entire agreement between you and us in connection with the use of this website. Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any part of this agreement is deemed ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement save in relation to paragraph 9.1.
11. Payment and price
11.1 Payment is to be made in advance by credit/debit card on our website. We will only process payments if we obtain authorisation from you.
11.2 The price for the goods you order is stated clearly on our site. VAT is included unless we say otherwise. We may change the price of goods at any time before you send us your order.
The price i does not include Delivery/Carriage charges which is charged extra at the rate specified when you place your order. The delivery charge passed on to You will depend on the weight and size of the goods ordered and the carrier concerned.
11.3 If we have mis-priced any item by mistake, we are not obliged to supply at that price provided we notify you before we despatch it.
11.4 Payments are accepted on most credit or debit cards via Our secure server. You authorise Us to contact organisations which we use to verify your address and credit/debit card details and to make any enquiries We deem necessary in connection with this sale and also for Your protection. This information will be used to establish potential risk.
12. Your order
12.1 You must check your order carefully to ensure it is correct. Please supply us with any necessary information relating to the goods you order within a sufficient time to enable us to perform this contract.
12.2 Every effort is made to ensure that prices shown on the Website are accurate at the time You place Your order. If within 14 days of accepting Your order a pricing error is found in respect of any or all of the goods You have ordered, we will notify You as soon as possible detailing the mis-priced goods and offering You the option of:
• placing a new order at the correct price for those goods;
• cancelling the whole of Your order; or
• cancelling Your order for the mis-priced goods and reconfirming Your order for the correctly priced goods.
If, within 14 days of receipt of Our notice to You, You have not responded by selecting one of the available options 1, 2 or 3 above then:
• if all of the goods You have ordered are found to be mis-priced, the entire order will be cancelled automatically and We will refund or re-credit You for any sum You have paid for those goods; or
• if only some of the goods You have ordered are found to be mis-priced, our contract with You continues and We will deliver the correctly priced goods but We will not be obliged to supply You with the mis-priced goods. In these circumstances We will refund or re-credit You for any sum You have paid for the mis-priced goods.
To avoid any doubt, where goods have been mis-priced and You subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our Website or otherwise. In addition to the price, You may be required to pay a delivery charge for the goods, details of which are clearly displayed on our Website at the point that You place Your order.
13. Acceptance
13.1 This website should be regarded as an invitation to treat. Any order placed by a customer is an offer to purchase, which We may accept or decline in Our absolute discretion without having to give a reason. A confirmation email is notification that we have received your offer on our website. A contract is deemed to be made at the point of a sale invoice being issued by Us.There will be no binding contract of any kind between You and Us unless and until We actually despatch the goods to You. Until then We may decline to supply the goods to You without giving any reason. Nothing else that We do or say will amount to acceptance of Your offer.
Your acceptance of these Terms by clicking on the 'Accept' button represents an offer to buy from Us and is not binding until accepted by Us either by sending You an e-mail which is received by You explicitly stating this, or by Our dispatching the Goods to You, which ever occurs first.
Receipt of an order via the Website by Us does not constitute acceptance of an order. We reserve the right to refuse Your offer for any reason. At any point up until acceptance, We may decline to supply the Goods to You without giving any reason.
14. Unavailability
14.1 If any goods are unavailable, We will notify you of the unavailability as soon as possible. We do not charge the card until the goods are dispatched so if the goods are unavailable then we will not have charged the card. Customers are given the option of waiting for a reasonable period of time for the product to be available but if the product is not available within a reasonable period of time then a full refund will be given.
15. Delivery
15.1 We will arrange for delivery to the address which you specify when ordering subject to section 19 below.
15.2 We will do our best to arrange delivery within the time specified on our website or (if none) 30 days of the date of your order but we cannot guarantee delivery by these times. Our liability of any kind for late delivery or failure to deliver is limited to the price payable for the goods.
15.3 An extra delivery charge may become payable if you are not present to accept delivery.
15.4 Risk of damage or loss to the goods passes to you on delivery or, if you wrongfully refuse delivery, when delivery is attempted.
16. Ownership
16.1 Property (i.e. ownership) of the goods shall not pass to you before we have received cleared payment for the goods.
17. Right to cancel
17.1 If you are a consumer, you have the right within 7 working days of delivery of goods to cancel the contract by letter, fax or email. If you cancel, you must return the goods unopened and in their original packaging together with the invoice to the above address at your expense. We will deduct the direct costs of recovery from the credit card refund if you do not comply as above or if you return them at our expense. However, we will pay the cost of returning any substitute goods. (This paragraph does not apply to goods which are liable to deteriorate or expire rapidly).
18. General
18.1 These Terms & Conditions shall be governed by English law and any disputes will be decided only by the English courts.
18.2 If any part of these Terms & Conditions is deemed ineffective for any reason, the remainder shall continue in full force.
18.3 A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18.4 Neither party is liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
19. Orders from outside the UK
19.1 If you are outside the UK, you are responsible for import duties and other taxes which may apply once the package reaches your country. Please contact your local customs office for further information.
19.2 You are responsible for complying with all laws and regulations of the country in which you are receiving the goods.
19.3 Sales through this website are made on the strict understanding that such sale or use of goods is lawful in your country and does not breach contracts which restrict distribution in your country (and you must take reasonable steps to check). If such sale or use is unlawful or impermissible, any contract of sale will be void from the start. If you become aware of this, please notify us immediately and return the goods to us.
These terms and conditions do not affect your statutory rights as a consumer.
Registered No. 1566682
VAT Registration No. GB340730977