TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale will apply to all orders received and all sales made by Ivitamins TM Limited trading as Cholesterolow (hereinafter referred to as “Seller”, “us” or “we”) to any person, firm, company or other organisation (“Buyer” or “you”), who has purchased products on-line from www.cholesterolow.ie (the “Website”).
The following words and or expressions shall for the purposes of these Terms and Conditions have the meanings ascribed to them below:
- “Buyer”or“You” means the person, firm, company or other organisation who or which has ordered Products from Seller;
- “Products”means all products agreed to be supplied by the Seller; and
- “Terms and Conditions” means the terms and conditions set forth herein as well as any terms and the conditions, if any, printed on the Seller’s order acknowledgment.
- Website Access
- Buyer is provided with access to this Website in accordance with these Terms & Conditions. Any orders placed by you must be placed strictly in accordance with these Terms & Conditions.
- By placing any such order Buyer shall be deemed to have read, understood and agreed to these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, please do not order any Products from the Website.
- Nothing in the Buyer’s acceptance (including in any printed form) shall modify any of the Terms and Conditions herein and any term and/or condition which are in any way inconsistent with or in addition to the Terms and Conditions hereof is expressly rejected.
- Contract Formation
2.1 After placing an order, you will receive an email from Seller acknowledging that Seller has received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Seller to buy the Products specified. All orders are subject to acceptance by Seller, and Seller will confirm such acceptance to Buyer by sending Buyer an email that confirms that the products have been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch Seller has confirmed in the Dispatch Confirmation. By placing an order Buyer warrants that you are at least 18 years old.
2.2 These Terms and Conditions shall be incorporated into the Contract and shall apply to the exclusion of any of your conditions. These Terms and Conditions may not be varied or waived except with the express written agreement of the Seller. The failure of the Seller to enforce its rights under the Contract at any time, for any period of time, shall not be construed as a waiver of any such rights.
- Account Information and Registration
Personal Data provided during the order and registration process should be true, accurate, current and complete in all respects. If any information changes, please contact us or update your account details accordingly. All Personal Data provided will be subject to our Privacy Notice
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All Products supplied by Seller shall be in accordance with the descriptions expressly agreed or listed or set out on the face of the Seller’s Order Confirmation.
- Availability of Stock
All orders for Products are subject to availability and in the event of supply difficulties, Seller will send you an email advising you that we are unable to fulfil your order.
We reserve the right to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products however there may be market conditions beyond our control and we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at: [email@example.com]
- Right of Refusal
Seller reserves the right at any time and/or remove or edit any materials or content on this Website. Whilst Seller uses reasonable endeavours to authorise payments submitted to it, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. Seller will not be liable to you or any other third party by reason of our withdrawing any Products from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.
- Cooling off period – your right to cancel your order
- While we would bring your attention to our Refund Policy (See Clause 14), if you are contracting online as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products.
- If you have purchased Products from the Website and if you decide to cancel your order pursuant to this Clause 7, the Directive provides that you must advise Seller within 14 days of receipt of the Products. Please email us at: [firstname.lastname@example.org] stating your wish to cancel your contract and quoting your order reference number. You must return the items to us (at your own cost) (see below for details on returning items and a list of Products which cannot be returned).
- Buyer will be responsible for any cost incurred or risk in returning the Products. Buyer has a legal obligation to take reasonable care of the Products while they are in its possession and you will be responsible for any diminished value of the Products resulting from the handling of the Products beyond that necessary to establish their nature, characteristics and functioning. Under the Directive if you fail to inform Seller within the 14-day period you will not have a right to cancel the Contract and return the Products. This does not affect your statutory rights and you may still be able to return products under our standard Refund Policy.
Subject to Clause 7 (Cooling off period), any order that has been shipped or delivered has been processed and cannot be cancelled. You will be responsible for all charges incurred with respect to any Products processed prior to cancellation.
- Seller shall arrange for carriage of the Products to the Buyer’s address and the costs of carriage and any insurance shall be reimbursed by the Buyer to the Seller without any set-off or other withholding whatever and shall be due on the date for payment of the Order. Once your order has been dispatched, we will email you the details of your order to the email address provided. Occasionally, delivery of your order may be delayed or postponed, however the relevant delivery service partner will use its reasonable commercial efforts to let you know and to rearrange a delivery date. Delivery or shipping dates are approximate only and merely represent Seller’s best estimate of the time required to make delivery or shipment. We will use reasonable endeavours to avoid delay in delivery on the notified delivery dates. However, time is not of the essence and failure to deliver by the specified date will not be a sufficient cause for cancellation, nor will we be liable for any loss or damage due to delay in delivery.
- You must confirm the shipping/delivery address details at the basket stage of the Website. If any details require modification following receipt of the confirmation email, Buyer must report any changes or amendments to us by sending an email to: email@example.com. The Seller will accept no responsibility whatsoever for inaccurate details applied to a purchase online by Buyer. Please note that all deliveries must be signed for and for the purpose of these Terms and Conditions, “delivery” or “delivered” shall be deemed to have occurred upon signing for receipt of the Products (s) at the address specified by you when you complete your order. If you wish to change, cancel or amend you order, please contact us during the following times:
- All orders are delivered using our third-party delivery service partners.
- Deliveries normally take place Monday -Friday between 9am and 5 pm.
- Delivery outside of EU
If your delivery address is outside of the EU, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
- Acceptance of the Products
- All packaging and parcels should be checked for damages before any signature is provided to the courier. If the package is understood to be damaged then it should be refused or the courier’s delivery docket endorsed to signify same.
- You must report any damage, i.e. soiling, etc. within 8 hours of delivery to our Customer Service Team. It is important that the Product is carefully and thoroughly inspected by you or your authorised person upon delivery, Seller cannot be held responsible for any damage not reported within 8 hours of delivery. This does not affect your statutory rights.
11.2 Any Products deemed by the Buyer as poor quality; the Buyer must keep the Products, un-touched for a possible collection by the Seller. If on collection the Seller deems the Products to be of suitable condition for sale, the Buyer may be liable for administration and/or collection fees.
- Ownership and Risk
Any Products ordered will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, or upon delivery, whichever is later. Seller reserves the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
- Prices and Payment
- Seller reserves the right to charge for any delivery charges incurred in relation to the delivery or a collection of the Products. All prices for Products and delivery are stated in Euro.
- While we try to ensure that all prices on the Website are accurate, errors may occur. If Seller discovers an error in the price of Products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.
- Seller is under no obligation to provide the Products to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
- Except as otherwise expressly stated herein, the prices include value added tax (VAT), local sales tax, excise or other similar taxes applicable to the Products. All such taxes shall be paid by the Buyer. If the Seller is required by law or regulation to collect such taxes, Seller will add such taxes to the sale price of the Goods. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- Once you have finished shopping all the Products you wish to purchase are added to your cart. Your next step will be to go the checkout process and make a payment. To do this:
- Click on “View Cart” icon at the top of the page
- Click on” Check out with credit card” or “Check out with PayPal”
- Add the address to which you wish the order to be delivered, contact details and the billing address
- Complete your credit card or PayPal details
- Click on “Continue”
- Click on “Place Order”
- Payment processing for Products ordered and paid for by credit/debit card are provided by Stripe and are subject to Stripe Terms of Service (see www.stripe.com for further information). You may pay using Visa, MasterCard credit/debit cards and Maestro cards. Your credit/debit card payment will be made through a secure website. All payments are subject to authorisation by the card issuer. Credit cards are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you or we will not be able to proceed with your order. Seller must receive full payment for the order at the time the order is processed and before the Products are dispatched. A Dispatch Confirmation email will then be sent you.
- The terms of your payment will be based on your chosen payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. Taxes may apply in certain jurisdictions. Any applicable tax and shipping charges will be due and assessed as part of your initial payment when you checkout. You authorise Cholesterolow to charge each payment of your chosen payment method. You agree to promptly update all information, to keep your billing account current, complete and accurate (such as change in billing address, credit card number or credit card expiration date) and you undertake to promptly notify our Customer Service Team if your payment method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security such as the unauthorised disclosure or use of your user name or password. If we do not receive any payment or instalment from you, you agree to pay all amounts due to us upon demand.
- In the event that you proceed to checkout but do not complete the purchase, Buyer agrees to and authorises Seller to contact them by email to remind them to complete the purchase.
- In the event that the Buyer fails to make payment for the Products the Buyer shall fully indemnify the Seller in respect of any costs and expenses legal or otherwise, incurred by the Seller in recovering payment form the Buyer.
- Returns & Refund Policy
- Products purchased online for postal delivery can be returned within 28 days of purchase (or 14 days from receipt in accordance with Clause 7 (Cooling Off period)).
- If Buyer believes Products have been delivered in error, damaged, or if a fault appears during the warranty period, please contact us by email to: [firstname.lastname@example.org]
- General Returns Process
If you ordered online and your order was delivered by post you may return the item(s) by post back to the following address.
email@example.com for more details.
Items returned under this Refund Policy (Clause 14) or Cooling Off (Clause 7) should be accompanied by either the Cooling Off Cancellation Letter or the online dispatch note (included with the delivered order). If you have lost or misplaced your online dispatch note please contact us by email to: [firstname.lastname@example.org]
- All returns under Clause 14.3 are your responsibility until they reach us. We recommend you use a tracked postal returns service that insures you for the value of the Products being returned.
- All Products returned for refund under Clause 14 must be:
- Returned in their original condition
- In their original packaging
- With tags attached
- With a proof of purchase
- Return Policy for Incorrect or Damaged Products:
- Contact us within 7 days of delivery of the Products by email to: email@example.com
- Seller will issue a Return Tracking (RT) Reference Code, which is required when returning incorrect of damaged Products.
- We will advise you on how to arrange the return of the Products to us.
- Refund Policy
- Subject to any rights of refund pursuant to Clause 7 (Cooling-off), refunds may be given within 28 days from the date of purchase of Products of saleable quality returned in the original saleable condition (at the absolute discretion of the Seller), in their original packaging and with the relevant online dispatch note or store online receipt. Refunds will be credited to the original tender used to process the payment. If Products received as a “gift” (recipient is not the purchaser) are returned for refund, the refund (if provided) will be processed onto the original card used as payment for the order.
- To qualify for a refund, all products must be returned to Seller in accordance with our Returns Policy set out in clause 14.
- Refunds/exchanges cannot be given (save as otherwise provided) if the items are returned opened or not in the original packaging (if applicable). This does not apply in respect of faulty, damaged or incorrectly supplied goods where your statutory rights are unaffected.
- If you are dissatisfied with a Product for any reason, please contact us by emailing: [firstname.lastname@example.org] within 7 days of delivery. Depending on the circumstances, we may, in our sole discretion, replace the Products at our expense, provide you a full or partial refund of the purchase price for the Products, or provide you with credit that will automatically be applied to future orders.
- We may require the return or photographic documentation of any damaged Product, that you are dissatisfied with before we provide you a refund, replacement, or credit.
- If Products are received as a “gift” (recipient is not the purchaser) are returned for refund, the refund will be processed onto the original card used as payment for the order.
- Limited Warranty, Liability and Disclaimers
- Due to the nature of the Website and the potential for errors in the storage and transmission of digital information, Seller does not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
- All descriptions of Products, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
- Our liability in connection with any Products purchased through the Website is strictly limited to the purchase price of that Products. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
- All other warranties, representations, terms and conditions (statutory, express, implied or otherwise) as to quality, condition, description, merchantability, fitness for purpose or non-infringement (except for the implied warranty of title) are hereby expressly excluded.
- Seller shall have no liability under the warranties contained in this Clause 15 in respect of any defect in the Products arising from: wilful damage or negligence of the Buyer or its employees or agents; failure to follow Seller’s handling and storage instructions (whether oral or in writing; mishandling during shipment of the Products; or any other abuse, misuse, or accident, or if the Buyer is in breach of its payment obligations under this Contract.
- Neither party shall be liable for any indirect or consequential, or punitive damages of any kind from any cause arising out of the sale or consumption of any Products, nor for, without limitation, loss of profits, goodwill or business interruption.
- Buyer is solely responsible for and assumes all risk related to the proper and safe, handling, preparation, storage and use of the Products received from Seller.
- Buyer is solely responsible for knowing about any allergies that the users of the Products may have and verifying the Products prior to handling, preparing or using.
- Seller does not recommend the use of our products in place of qualified medical advice and/or diagnosis. We recommend checking with your medical practitioner before taking any of our products, especially when taking prescription or other long-term medication. Care should be taken during pregnancy, or any ongoing disease or illness and we recommend you seek the advice of a qualified healthcare professional. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements. It is important that you read and understand the label/packaging of any product you purchase from us before consumption. The onus is on the Buyer to ensure you are satisfied to consume the purchased product.
- The exclusions of liability in these Terms and Conditions shall only apply to the extent allowed according to applicable law.
- Data Protection
- As required by Data Protection legislation, Seller follows strict security procedures in the storage and disclosure of information Buyer has given to us. Where Buyer provides us with your personal information (e.g. name, email address, address, phone and mobile numbers and/or other contact information, credit card numbers), through a facility provided on this Website or directly to us by email, you consent to the Seller: (a) processing and administering your personal data to perform all necessary actions to give effect to your request or instruction; and (b) retaining a record of incoming and outgoing communications (e.g. email).
- These Terms and Conditions supplement (and are in addition to) the terms of our Privacy Notice. Seller’s Privacy Notice explains what Personal Data we collect about you when you use the Website, and you can view our Privacy Notice online. Please note that by agreeing to these Terms you shall be deemed also to have read, understood and agreed to our Privacy Notice in its entirety.
Except where a claim arises as a direct result of the negligence or breach of contract of Seller, the Buyer shall indemnify Seller in respect of any claim which may be made against Seller arising in connection with the Buyer’s unintended use of the Products.
18. Written communications
18.1 Applicable laws require that some of the information or communications Seller sends to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. Buyer agrees that e-mail can be used as a long-distance means of communication.
18.2 Seller will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19. Force Majeure
Seller shall not be liable for delay in performance or non-performance of any of its obligations hereunder, in whole or in part, if such performance is rendered impracticable by the occurrence of any contingency or condition beyond the control of either Seller or Seller’s suppliers, including without limitation war, sabotage, embargo, riot, terrorism, or other civil commotion, failure or delay in transportation, act of any government or any court or administrative agency thereof (whether or not such action proves to be invalid), labour dispute (whether or not involving Seller’s employees), accident, fire, explosion, flood, earthquake or other casualty, shortage of labour, fuel, energy, raw materials or machinery or technical failure. If any such contingency or condition occurs, Seller may allocate production and deliveries in any reasonable manner and may include in such allocation any regular customers, whether or not then under contract, and Seller’s own requirements. This provision shall not apply to the Buyer’s obligation to pay any sums due under this Agreement.
If Seller fails, at any time during the term of a Contract, to insist upon strict performance of any of Buyer’s obligations under the Contract or any of these Terms and Conditions, or if Seller fails to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve Buyer from compliance with such obligations. A waiver by Seller of any default shall not constitute a waiver of any subsequent default. No waiver by Seller of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to Buyer in writing.
- Seller’s right to vary these Terms & Conditions
21.1 Seller has the right to revise and amend these Terms and Conditions from time to time and will notify Buyer by posting an updated version of these Terms and Conditions on the Website.
21.2 Buyer will be subject to the Terms and Conditions and policies in force at the time that you order products from Seller unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Seller notifies you of the change to those policies or these Terms and Conditions before Seller sends the Buyer the Dispatch Confirmation (in which case Seller has the right to assume that Buyer has accepted the change to the Terms and Conditions or policies ,unless you notify Seller to the contrary within fourteen working days of receipt by Buyer of the Products).
- Governing Law and Jurisdiction
These Terms and Conditions shall be construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the courts.
- Assignment- Subcontracting
Seller may assign or novate its rights and obligations under the Contract, in whole or in part, to any of its affiliates or may assign any of its accounts receivable under this Contract to any third party without the Buyer’s consent. Buyer agrees to execute any documents that may be necessary to complete Seller’s assignment or novation. Seller may subcontract portions of the work, so long as Seller remains responsible for it. Buyer shall not delegate or assign any or all of its rights or obligations under the Contract without Seller’s prior written consent and any purported delegation or assignment of such rights or obligations shall be void. For the avoidance of doubt, any such transfer, assignment, charge, subcontract or other disposition will not affect Buyer’s statutory rights as a consumer (if applicable) or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
- Entire Agreement; Modification
The Terms and Conditions shall constitute the entire agreement between the Seller and Buyer in respect of the Products specified therein and shall supersede any previous negotiations, commitments and writings in respect thereof.
If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- CUSTOMER SERVICE TEAM/CONTACT/QUERIES/COMPLAINTS/RETURNS
Seller aims to provide a high level of service. Before placing an order, if you have any questions, about our products and services, this Website, any of our Terms & Conditions or otherwise, please contact our Customer Service Team at.
Email us: [email@example.com]
If you are a consumer, the EC Online Dispute Resolution (ODR) Regulation, may apply in case of a dispute. The following is the link to the alternative dispute resolution framework platform http://ec.europa.eu/consumers/odr/.