1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you and on which you visit our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Amendment to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. We may also update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
1.4 Availability of our website. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
1.5 We mainly sell to the UK. Our website is mainly for the promotion of our products in the UK. Unfortunately, we may not be able to deliver to you if you are outside of the UK.
1.6 We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Gaea Health & Performance Limited, trading as MyVybe. Gaea Health & Performance Limited is a company registered in England and Wales. Our company registration number is 13149961 and our registered office is at 7 Shottery Brook Office Park, Timothy’s Bridge Road, Stratford Upon Avon, Warwickshire CV37 9NR.
2.2 How to contact us. You can contact us by telephoning our customer service team [INSERT NUMBER] by writing to us at firstname.lastname@example.org or to the address above.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we dispatch the products you have ordered, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Products are subject to availability. All the products on the website are subject to availability. We do not guarantee that all items shown on the website are in stock and are available and ready for dispatch. Display of an item on the website is not an indication that the item is in stock.
5. PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. We will dispatch the products to you as soon as reasonably possible and normally within 3 days after the day on which we accept your order, except where orders are placed at weekends or on bank holidays.
5.3 Time for delivery. All orders to the UK are delivered by Royal Mail. Time for delivery of products ordered for delivery outside the UK will depend on the method of shipment you have chosen. We have no control over the goods once they are shipped and cannot guarantee when your order will arrive or that it will arrive within the time specified by your chosen method of shipment.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 8;
6.1.2 If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods.
6.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
6.2.1 Any product that is not in its original condition, is damaged, is unsealed, or is missing parts for reasons not due to our error;
6.2.2 products sealed for health protection once these have been unsealed after you receive them.
6.3 How long do I have to change my mind? You have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
6.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract by cancelling your order before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is paid for and delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please contact us to let us know. You can telephone our customer service team at write to us at email@example.com or to our address at Unit 7 Shottery Brook Office Park, Timothy’s Bridge Road, Stratford Upon Avon, Warwickshire CV37 9NR or you can let us know by completing the Cancellation Form here.
7.2 Returning products after ending the contract. If you wish to return the products or cancel delivery of the products for any reason after products have been dispatched to you, you must return them to us. You must post them back to us at . If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed or if you need to return the products due to our error. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.5 When your refund will be made. We will make any refunds due to you as soon as possible and within 14 days of our receipt of the returned products or, in the event you have paid for the products and they have not yet been dispatched, within 14 days of the date on which you let us know you no longer want the products.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details provided above.
9. PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product (which includes VAT but not any delivery charge) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.4 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 Delivery outside the UK. If you enter a delivery address that is outside the UK at the point of checkout UK VAT will automatically be removed. You may be required to pay import duties and taxes when your order reaches your destination country. These and any additional charges for customs clearance are your responsibility. You may be asked to pay local import duties, customs and local sales tax by the shipping provider when your delivery arrives at your destination.
9.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.5 When you must pay and how you must pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.