1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
1.4 Whilst PremierVits are pleased to supply customers outside of the UK it must be understood that all supplies made by PremierVits are governed by UK law and it is the responsibility of the buyer to make sure that products and methods of trading fall within those acceptable in the country of delivery.
2.1 In these terms and conditions:
(a) “we” means PremierVits Limited; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken:
3.3.1 You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order by pressing the payment button. By doing this your actions constitute your agreement and your consent to the terms of this document. You will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation or we will confirm by email that we are unable to meet your order in our normal timescale and offer appropriate alternatives. (Stock shortages are a very rare event for PremierVits).
3.4 You will have the opportunity to identify and correct input errors prior to pressing the “make payment” button.
4.1 Promotional products are or may be available on our website from time to time.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product. Wherever possible we will give notice of such changes of availability, but advance information is not always possible.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website.
5.3 All amounts stated in these terms and conditions or on our website are stated as including or excluding VAT. Under normal circumstances Trade transactions will show individual prices ex-VAT. Retail or end-user transactions will show prices inc-VAT.
5.4 In addition to the price of the products, you may have to pay a delivery charge dependent upon the delivery service you have chosen. This will be notified to you in the cart before your payment is required.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by Credit Card, Debit Card or PayPal OR by arrangement with us, larger payments may be allowed by Bank Transfer. If a bank transfer is agreed you will be required to pay in full any costs or fees your bank may levy on the payment.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Credit accounts
7.1 Credit accounts will only be permitted in special cases and only if a written agreement is first agree and signed by both parties.
8.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. It is the buyers responsibility to provide a suitable receiving address where the goods can be received from the shipper and also the responsibility of the buyer to monitor and check the tracking information given by the shipper.
8.2 We will use reasonable endeavors for couriers/delivery contractors to deliver your products as quickly as possible. However, the performance and speed of third party contractors is totally outside of our control.
8.3 We will only deliver products to the UK, EU, Norway, Switzerland and Monte Carlo. Any other destinations will first need to be agreed with the seller.
8.4 It is the responsibility of the buyer that only products acceptable to the Customs and Excise of the receiving country are ordered and if any duty is payable, this is also the total responsibility of the buyer. All products sold are tax/duty paid to the UK and EU.
8.5 Should the Customs and Excise of the receiving country confiscate or destroy any products ordered, such action will be totally at the risk and cost of the buyer and by placing an order with us, the buyer agrees to indemnify the seller against any such risk or consequential loss and any subsequent costs.
9. Risk and ownership
9.1 If the option of Bank Transfer is agreed, ownership will change to the buyer when cleared funds are received by us.
9.2 If, for any reason, a bank transfer is reversed or not honored in any way, the ownership of the goods will immediately revert to us and any back shipping, costs, damage or devaluation of the value of the goods will be charged to the buyer plus an administration fee of 20% of the total value of the transaction.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products or make satisfactory arrangements in accordance with these terms and conditions and our delivery policy. See 8.1
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit any liabilities in any way that is not permitted under applicable law; or
(b) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.6 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.7 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions and in 11.6 above, shall not exceed the greater of:
(a) £50; and
(b) The amount paid for the specific goods giving cause for any such claim.
12. Order cancellation
12.1 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
12.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and regulatory disclosures
20.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2 These terms and conditions are available in the English language only.
20.3 Our VAT number is GB 288198541.
20.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main
21. Our details
21.1 This website is owned and operated by PremierVits Limited. These terms and conditions relate to any transaction made with PremierVits Limited on their website or any agent’s websites selling PremierVits products.
21.2 We are registered in England and Wales under registration number 11089603, and our registered office is at 13 Nelson Street, Hull HU1 1XE.
21.3 Our principal place of business is at Unit 21, Boulevard Unit Factory Estate, Hull, HU3 4AY.
21.4 You can contact us:
(a) by post, using the postal address given above in 22.2;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website or contact us details.