Terms & Conditions
These
terms and conditions ('the Terms') govern the users ('you' or 'your') use of
the website www.myvitamins.com ('the Website') and your relationship with The
Hut.com Limited (trading as myvitamins) a company registered in England and
Wales under company number 05016010 whose registered office is at Meridian
House, Gadbrook Park, Gadbrook Way, Rudheath, Northwich, Cheshire, UK, CW9 7RA
('we', 'our' or 'us'). Please read them carefully as they affect your rights
and liabilities under law. If you do not agree to these Terms, please do not
access nor use the Website. If you have any queries regarding these Terms then
please contact us.
1. Agreement
By using
the Website you agree to be bound by these Terms.
2. Amendments
We
reserve the right to:
update
these Terms from time to time and any changes will be notified to you via a
suitable announcement on the Website. It is your responsibility to check for
such changes. The changes will apply to the use of the Website after we have
given such announcement. If you do not wish to accept the new Terms you should
not continue to use the Website. If you continue to use the Website after the
date on which the change comes into effect, your use of the Website indicates
your agreement to be bound by the new Terms; and modify or withdraw,
temporarily or permanently, this Website and the material contained within (or
any part) without notice to you and you confirm that we shall not be liable to
you for any modification to or withdrawal of the Website or its contents.
3. Registration
You
warrant that:
the
personal information which you are required to provide when you register is
true, accurate, current and complete in all respects; and you are not
impersonating any other person or entity
The
products purchased on this site are for private and domestic use only and are
not for re sale. You will notify us immediately of any changes to the personal
information by e-mailing or telephoning our customer service representatives
at:
e-mail: Feedback@thehutgroup.com
address:
MyVitamins Customer Service Department
Meridian House,
Gadbrook Park,
Gadbrook Way,
Rudheath,
Northwich,
Cheshire,
CW9 7RA
tel: [ 0161 813 1488 ]
4. Privacy Policy
We will
treat all your personal information as confidential and will only use it in
accordance with our Privacy Policy.
When you
shop on this Website, we will ask you to input personal details in order for us
to identify you, such as your name, e-mail address, billing address, delivery
address, credit card or other payment information. We confirm that this
information will be held by us in accordance with the registration we have with
the Data Commissioner's office.
5. Protecting Your Security
To ensure
that your credit, debit or charge card is not being used without your consent,
we will validate name, address and other personal information supplied by you
during the order process against appropriate third party databases.
We take
the risk of internet fraud very seriously. With the volume of fraudulent credit
card transactions increasing, we make every effort to ensure all orders are
thoroughly checked using the information already supplied. There is a
possibility we may contact you to make additional security checks and we ask
for your co-operation to enable us to complete them. We will not tolerate
fraudulent transactions and such transactions will be reported to the relevant
authorities.
By
accepting these terms and conditions you consent to such checks being made. In
performing these checks personal information provided by you may be disclosed
to a registered Credit Reference Agency which may keep a record of that
information. You can rest assured that this is done only to confirm your
identity, that a credit check is not performed and that your credit rating will
be unaffected. All information provided by you will be treated securely and
strictly in accordance with the Data Protection Act 1998.
6. Compliance
The
Website may only be used for lawful purposes and in a lawful manner. You agree
to comply with all applicable laws, statutes and regulations regarding the
Website and its use. You agree not to upload or transmit through the Website:
any
computer viruses or anything else designed to interfere with, interrupt or
disrupt the normal operating procedures of a computer; and any material which
is defamatory, offensive or of an obscene character
7. Indemnity
You agree
to fully indemnify, defend and hold us, and our officers, directors, employees
and suppliers, harmless immediately on demand, from and against all claims,
losses, costs and expenses, including reasonable legal fees, arising out of any
breach of these Terms by you, or any other liabilities arising out of your use
of this Website or any other person accessing the Website using your personal
information.
8. Third Party Links
As a
convenience to our customers, the Website may include links to other websites
or material which is beyond our control. For your information, we are not
responsible for such websites or material nor do we review or endorse them. We
will not be liable, whether directly or indirectly, for the privacy practices
or content of such websites nor for any damage, loss or offence caused or
alleged to be caused in connection with, the use of or reliance on any such
advertising, content, products, materials or services available on such
external websites or resources.
9. Orders
All
orders are subject to acceptance and availability. If the goods ordered are not
available, you will be notified by e-mail (or by other means if no e-mail
address has been provided) and you will have the option either to wait until
the item is available from stock or to cancel your order.
Any
orders placed by you will be treated as an offer to purchase the goods or
services from us and we have the right to reject such offers at any time. You
acknowledge that any automated acknowledgment of your order which you may
receive from us shall not amount to our acceptance of your offer to purchase
goods or services advertised on the Website. The conclusion of a contract
between you and us will take place when we (i) debit your credit, debit card or
PayPal account or (ii) dispatch the goods to you or commence the services,
whichever is the later.
We will
take all reasonable care, in so far as it is in our power to do so, to keep the
details of your order and payment secure, but in the absence of negligence on
our part we cannot be liable for any loss you may suffer if a third party
procures unauthorised access to any data provided by you when accessing or
ordering from the Website.
The
products sold on the Website are not for re-sale or distribution. You are
limited to a purchase of 5 items of any one product. We reserve the right to
cancel orders and/or suspend accounts where we believe products are being
ordered in breach of this provision.
You will assume
the risk for the products once they have been delivered to the delivery address
which you specified when ordering the products. We accept no liability where
you provide an incorrect delivery address or where you fail to collect the
products from the delivery address which you specified.
10. Cancellation Rights
Where you
have purchased the goods or services as a consumer (i.e. for private use as
opposed to business use), please note that you are entitled to cancel any
contract completed with us within 14 days from the day on which you acquire
physical possession of the goods.
If you
wish to cancel a contract pursuant to this clause, then please see our Returns
Policy for further details of how.
11. Price and Payment
All
prices shown are inclusive of VAT (only where applicable - see below) at the
current rates and are correct at the time of entering the information onto the
system. We reserve the right, however, to change prices at any time without
notice to you.
If your
delivery address is within the United Kingdom, no additional taxes will be
charged to you. If your delivery address is outside of the United Kingdom you
may be subject to import duties and taxes (including VAT), which are levied
once a delivery reaches your destination country. Any such additional charges
must be borne by you. You should note that customs policies and practices vary
widely from country to country. We recommend that you contact your local
customs office for information.
Please
note that when shipping goods from outside the United Kingdom, cross border
shipments may be subject to opening and inspection by customs authorities. In
respect of all goods dispatched to you to an address outside of the United
Kingdom, you are deemed to be the importer of the goods and must therefore
comply with all the laws and regulations of the country into which the goods
are being delivered.
Payment
can be made by any major credit or debit card or via your PayPal account.
Payment will be debited and cleared from your account before the dispatch of
your good or provision of the service to you. If payment is to be made via a
credit card a pre-auth value of £0.01 will be held against the card until the
card issuer validates the payment.
In the
unlikely event that the price shown on the checkout page is wrong, and we
discover this before accepting your order in accordance with clause 9, we are
not required to sell the goods to you at the price shown. We always try and
ensure that the prices of goods shown on our Website are accurate, but
occasionally genuine errors may occur. If we discover an error in the price of
the goods that you have ordered we will let you know as soon as possible and
give you the option of reconfirming your order at the correct price or
cancelling it. If you cancel your order and you have already paid for the
goods, then you will receive a full refund.
You
confirm that the credit, debit card or PayPal account that is being used is
yours. All credit/debit cardholders are subject to validation checks and
authorisation by the card issuer. If the issuer of your payment card refuses to
or does not, for any reason, authorise payment to us we will not be liable to
you for any delay or non-delivery.
You may
only use one discount code with each order. We reserve the right to reject or
cancel any orders where you add more than one discount code to the basket.
We allow
you to use discount codes strictly on the terms and conditions upon which they
were issued which, amongst other things, may include terms relating to your
eligibility to use them and a maximum order value.
Please
familiarise yourself with these terms and conditions before you place an order
as we reserve the right to reject or cancel any orders which do not comply with
these terms even if your credit or debit card has been charged. If there is any
inconsistency between the terms and conditions upon which the discount codes
were issued and these terms and conditions, the discount code terms and
conditions prevail. A copy of the discount code terms and conditions can be
obtained by mailing or telephoning our customer service representatives at:
[ ]
12. Eligibility to Purchase
To be
eligible to purchase goods on this Website and lawfully enter into and form
contracts on this Website under English law you must:
if an
individual, be 18 years of age or over; and register your real name, address,
phone number, e-mail address any other details requested.
By
offering to purchase goods and services you represent to us that you are 18
years of age or over and authorise us to transmit information (included updated
information) to obtain information from third parties, including but not
limited to, your debit or credit card numbers or credit reports to authenticate
your identity, to validate your credit card, to obtain an initial credit card authorisation
and to authorise individual purchase transactions.
13. Intellectual Property
The
content of the Website is protected by copyright, trade marks, database and
other intellectual property rights and you acknowledge that the material and
content supplied as part of the Website shall remain with us or our licensors.
You may
retrieve and display the content of the Website on a computer screen, store
such content in electronic form on disk (but not any server or other storage
device connected to a network) or print one copy of such content for your own
personal, non-commercial use, provided you keep intact all and any copyright
and proprietary notices. You may not otherwise reproduce, modify, copy or
distribute or use for commercial purposes any of the materials or content on
the Website.
14. Limitation of Liability
Notwithstanding
any other provision in the Terms, nothing in these Terms:
affect or
limit your rights as a consumer under English law; or will exclude or limit our
liability for death or personal injury resulting from our negligence.
The
Website is provided on an 'as is' and 'as available' basis without any
representation or endorsement made and we make no warranties, whether express
or implied, in relation to it and its use. You acknowledge that we cannot
guarantee and cannot be responsible for the security or privacy of the Website
and any information provided by you. You must bear the risk associated with the
use of the Internet.
Whilst we
will try to ensure that material included on the Website is correct, reputable
and of high quality, we cannot accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for the results
obtained from the use of such information or for any technical problems you may
experience with the Website. If we are informed of any inaccuracies in the
material on the Website we will attempt to correct this as soon as we
reasonably can.
In
particular, we disclaim all liabilities in connection with the following:
incompatibility
of the Website with any of your equipment, software or telecommunications
links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the
full extent allowed by applicable law, you agree that we will not be liable to
you or any third party for any consequential or incidental damages (both of
which terms includes, without limitation, pure economic loss, loss of profits,
loss of business, loss of anticipated savings, wasted expenditure, loss of
privacy and loss of data) or any other indirect, special or punitive damages whatsoever
that arise out of or are related to the Website.
15. Severance
If any
part of the Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions of the Terms.
16. Waiver
No waiver
by us shall be construed as a waiver of any proceeding or succeeding breach of
any provision.
17. Entire Agreement
These
Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These
Terms shall be governed by and construed in accordance with the laws of England
and Wales and any disputes will be decided only by the English courts.
19. Chocolate & Sweets
To make
the most of your sweets we recommend that they are consumed within 12 weeks of
receipt.
All
products are individually dated to ensure the products are consumed when they
are at the best.
Nut content
Customers
should be aware that all our sweets are manufactured and packaged in
environments in which nuts may be present and therefore cannot guarantee that
any sweets supplied are free of nuts and nut traces. Please note that
ingredients provided are those from manufacturers' packaging and lists and are
therefore as accurate as those available from sweet manufacturers, we therefore
cannot be held responsible for their content.
Returns
In order
to ensure our customers receive the best level of service and are happy to
indulge their sweet tooth we offer a comprehensive returns policy in the
unlikely event that you are not 100% satisfied with sweets delivered. Please
note that the following returns procedure must be followed, and failure to do
so may result in us being unable to exchange goods or provide refunds. Also
please be aware that we cannot be held responsible and provide
refunds/exchanges on stock affected by circumstances beyond our control. This
includes damage and neglect after goods are received, goods being stored in
climatic conditions such as extremes of temperature that can affect some items
- items often stick together or alter appearance slightly, but will taste the
same and damage by third parties. In addition please be aware that during the
hot summer months goods in transport can be effected by the heat so be aware
that delicate items such as chocolate may not always look as intended, but they
will of course still taste as good as ever.
Should
you wish to return an item for any reason please notify us within 48 hours of
receipt of your order of any part that is unsatisfactory. In order to arrange a
return, please contact us and inform our customer service team of your order
number, the item you are returning and the reason for the return.
We will
then reply with a unique returns authorisation number and the address you need
to send the item to.
You'll
need to package the item securely and include:
Your
order number
The returns authorisation number
Whether a replacement or refund is needed
The reason why you are returning the item.
Goods
returned should be in their original condition and packaging in which they
arrived, along with a copy of the invoice or packing slip.
Once
received items will be checked and refunds on goods and postage arranged where suitable.
We cannot issue refunds on simply unwanted goods due the perishable nature of
goods on sale. Refunds/exchanges will only be offered on items that are faulty,
and were clearly so at the time at which they were dispatched.
20. All Competitions
We reserve
the right to amend these Terms from time to time.
These
rules will be deemed incorporated into each competition except to the extent
that any specific instruction in a competition provides otherwise.
By
entering the competition entrants will be deemed to have read and understood
these Terms and be bound by them. All of our decisions will be final and
binding and no correspondence will be entered into.
Any
person who is an employee or an immediate family member of an employee of any
The Hut Group company or any other person who is directly connected with the
organisation of any particular competition is ineligible to participate.
Competitions
are only open to residents of the UK (excluding Northern Ireland).
All
entrants are to be aged 18 or over unless any other age restriction is
specified or implied. Entrants should, if under 18, obtain permission in
advance from their parent or guardian.
All
entries must be received by the closing date specified in the competition.
Answers will be entered upon submission. No responsibility will be taken for
any answers that are misdirected, lost for technical or other reasons or
received after the closing date.
We
reserve the absolute right to disqualify without notice any entries to any
competition which we consider have used improper technical means to enter
and/or we believe is fraudulent.
Entrants
are liable for their costs to access computer networks.
We will
not be liable for or accept any responsibility for: (i) any failure by the
winner or any entrant to comply with these terms and conditions; (ii) any
disruption, delay or misdirection of entries; or (iii) any server, system or
network failures, malfunctioning or inaccessibility .
We shall
be the promoter of all competitions subject to these terms and conditions
unless stated otherwise.
Prizes
If for
any reason an advertised prize is unavailable we reserve the right at our
absolute discretion to substitute a similar prize of equivalent or greater
value.
Only one
prize will be awarded per household.
There
will be no cash or other alternative to the prize offered and prizes are not
transferable.
Notification
The
winner's name will be selected in a random draw, after the closing date, from
all correct answers received.
The
winner of a prize will be notified within 28 days after the winner has been
ascertained.
Please
allow 28 days for delivery of all prizes.
If the
winner of the a competition is unable to take up a prize for any reason or if
the winner cannot be notified after reasonable efforts having been made then we
may dispose of the prize as we think fit without any liability to the winner
for having done so.
For each
competition, only one prize will be awarded per entrant / email address. Names
of winners will be available on request.
Claiming Prizes
Prizes Involving
Travel: (a) Travel arrangements are the responsibility of prize winners unless
otherwise stated; (b) we reserve the right to require written permission from
the parent or guardian of any winner who is under the age of 16 and to require
such a winner to choose as a companion someone 18 or over.
Competition
prizes/tickets may be restricted to certain times of the year and unless
otherwise stated all prizes must be taken within six months of the date of the
competition draw.
Where
prizes are to be provided by a third party then the winner will be required to
complete all appropriate or applicable booking or other formalities direct with
such providers. We will have no responsibility for the acts/defaults of any
other persons or companies.
21. Reviews
If you
submit a review, you grant us a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media.
You grant
The Hut.com Limited and its sub-licensees the right to use the name that you
submit in connection with such content, if they choose.
You agree
to waive your right to be identified as the author of such content and your
right to object to derogatory treatment of such content.
You agree
to perform all further acts necessary to perfect any of the above rights
granted by you to The Hut.com Limited, including the execution of deeds and
documents, at the request of The Hut.com Limited.
You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that, as at the date that the content or material is
submitted to us:
- The content
and material is accurate; - Use of
the content and material you supply does not breach any applicable MyVitamins guidelines
and will not cause injury to any person or entity (including that the content
or material is not defamatory). You agree to indemnify us for all claims
brought by a third party against us arising out of or in connection with a
breach of any of these warranties.
Winners
of the review competition will be notified by email. Failure to respond to our
notification email within 20 days will result in the prize being forfeit.
22. Multibuy Offers
This
offer applies only to qualifying items listed in the Multibuy area of this
Website.
Where any
goods are returned (except for an exchange where products are
faulty/defective), we are entitled to either require the return of all goods
delivered as part of that Multibuy offer at your cost or charge you for the
goods retained by you at the full price quoted on this site.