Terms and Conditions

Terms

Terms and Conditions for the Supply of Goods through a website

You are connected to the User Agreement for tomolivernutrition.com, (a trading arm of Tom Oliver Nutrition Ltd, 148 Watling Street East, Towcester, NN12 6DB – an on-line shopping facility offering an exciting and convenient way to buy goods over the Internet and is operated by Tom Oliver Nutrition Ltd, trading as tomolivernutrition.com.  Company Registration number: 08432939.  Registered in England & Wales.  Registered office : Tom Oliver Nutrition Limited,  148 Watling Street East, Towcester, NN12 6DB. Tel: 0208 166 9414

1. The Contract between us:

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

Only adults (that is, those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify DO NOT use this site . By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

2. Price

2.1 The prices payable for goods that you order are as set out in our website.

2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If given a choice, please choose a delivery service product that gives appropriate levels of insurance for the goods you order, in order to recompense yourself in the event of loss after dispatch.

3. Right for you to cancel your contract

3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.2 To cancel your contract you must notify us by email to our email address.

3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from you credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition (including the packaging) they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

4. Cancellation by us

4.1 We reserve the right to cancel the contract between us if:

4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers

4.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

5.4 Procedure for broken items

We do realise that breakages are inevitable when the products we are sending are packaged in glass bottles but we can replace/refund damaged items if you do following:

– E-mail us as soon as possible after the delivery with your order number, a description of the broken item/s and a digital photo of the damage.

(It’s very important that we receive the photo because without this, we will not be able to submit a claim to the postal service and this will mean that we will not be able to refund or replace your broken item).

Upon receipt of your e-mail we will process your claim as soon as possible and you should expect to receive your replacement/refund within a few days.

6. Liability

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question.

6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at our contact address of the problem within 37 days of the date on which you ordered the goods.

I f you notify a problem to us under this condition, our only obligation will be, at your option:

6.2.1 to make good any shortage or non-delivery.
6.2.2 to replace any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.

6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to our contact address at info@tomolivernutrition.com and all notices from us to you will be displayed on our website from to time.

8. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or liability to you) the enforceability of any other part of these conditions will not be affected.

10. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

11. Third Party Rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12. Governing Law

Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.

13. Entire Agreement

13.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

13.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of [ ] howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

14. Trade Marks

Tom Oliver Nutrition Ltd is the operator of the tomolivernutrition.com. All other trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by Tom Oliver Nutrition Ltd in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

15. Win Competition

15.1 This competition is ran by Tom Oliver Nutrition and is in no way associated with or the responsibility of any third party publisher.

15.2 Employees of Tom Oliver Nutrition or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.

15.3 There is no entry fee and no purchase necessary to enter this competition.

15.4 Route to entry for the competition and details of how to enter are via www.tomolivernutrition.com/win.

15.5 Closing date for entry will be 11th April 2016. After this date the no further entries to the competition will be permitted.

15.6 No responsibility can be accepted for entries not received for whatever reason.

15.7 The rules of the competition and the prize for each winner are as follows: Further information can be found at: www.tomolivernutrition.com/win

15.8 The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

15.9 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

15.10 No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

15.11 Winners will be chosen:  at random by software provided by adjudicated software supplied by The Other Guys Limited

15.12 The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

15.13 The promoter will notify the winner when and where the prize can be collected.

15.14 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

15.15 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.  The entrant of this competition is giving Tom Oliver Nutrition the right to hold their E-mail and data provided and use such data in line with Tom Oliver Nutrition promotional activities.  Tom Oliver Nutrition will not give or share these details with any other third party, nor will such data be sold on.

15.16 The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].

15.17 The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

15.18 Entry into the competition will be deemed as acceptance of these terms and conditions.

15.19 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Tom Oliver Nutrition  and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at http://tomolivernutrition.com/privacy-policy