1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
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.
1.3 These terms are for consumer customers only. We do not sell our products to business customers and therefore by submitting an order to us you accept and agree that you are not buying products from us wholly or mainly for use in connection with a business, trade or profession.
1.4 You must be at least 18 years of age to buy our products. We reserve the right, either before or after accepting an order, to request verification of your age.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The PharmaCBD Limited, a company registered in England and Wales. Our company registration number is 11672982 and our registered office is C/O Blick Rothenberg Limited, 1st Floor, 7-10 Chandos Street, London W1G 9DQ United Kingdom. Our registered VAT number is 334819782.
2.2 How to contact us.
You can contact us by:
- Writing to us at The PharmaCBD Limited, C/O Blick Rothenberg Limited, 1st Floor, 7-10 Chandos Street, London W1G 9DQ United Kingdom;
- Emailing us at firstname.lastname@example.org.
Writing to us at The PharmaCBD Limited, C/O Blick Rothenberg Limited, 1st Floor, 7-10 Chandos Street, London W1G 9DQ United Kingdom; Emailing us at email@example.com.
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 email you to accept it, 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. This might be because the product is out of stock, because we have been unable to verity your age, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Although we accept orders from and deliver orders to areas outside of the UK, we make no warranties that our products can be legally imported or used in the country of the delivery destination. Our products are within legal parameters as set out in UK legislation. It is your responsibility to ensure, when ordering our products, that they are complaint with any import or other laws in the country of delivery. If you order products to be delivered outside of the UK, additional terms will apply as set out in Clause 17.
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 When purchasing our products you agree that:
- a)You are over the age of 18;
- b)You will read and comply with all and any instructions and product warnings on the product or sent with the product. Any suggested use of, or recommendations as to dosages/use of the product are set by the manufacturer of the product, and not by us. We are not responsible for any information provided to us by the manufacturer of a product. If you have any questions regarding the use of a product then please contact the manufacturer directly;
- c)We are not making any claims that our vaping equipment will cure any addiction to nicotine;
- d)We are not a pharmaceutical company and do not provide medical products. Our products should not be used as a medicine or a replacement for medicines and are not intended to diagnose, treat, cure or prevent any disease;
- e)Some of our products may be hazardous to health and are intend for adult users only. Our products are not meant for the use by children and should be kept out of reach of children;
- f)It is your responsibly to seek medical advice before using any of our products. Our products are not suitable for those who are pregnant, breastfeeding, have allergies, have any heart condition or high blood pressure. If you are suffering from any form of medical condition, have other recurring health problems or are on any type of medication, you should seek medical advice before using our products.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product:
- (a) to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor adjustments and improvements.
7. PROVIDING THE PRODUCTS
7.1 Delivery Costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. You may order our products as a single or multiple purchase in one order (“Single Purchase Orders”) or by way of a subscription service (“Subscription(s)”):
- a) For Single Purchase Orders, the timing of delivery will be as set out on the website and in any event, within 30 days after the day on which we accept your order.
- b) For Subscriptions, we will supply the products to you as set out on your order until you end the contract (see Clause 8) or we end the contract (see Clause 10).
7.3 A Subscription will have an initial fixed term (“Initial Term”) of 3 months, and will thereafter automatically renew on a monthly basis (“Monthly Term”) until you end the contract (see Clause 8) or we end the contract (see Clause 10).
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local postal depot.
7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or in accordance with any delivery instructions that you have to us (i.e. to leave the product with a neighbour or in a place designated by you).
7.8 When you own the products. You own the product once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, verification of your age. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to update the product to reflect changes in relevant laws and regulatory requirements.
7.11 Your rights if we suspend the supply of products during a Subscription. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 and we will refund any sums you have paid in advance for products that you have not received during the period of suspension.
7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 14.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments(see Clause 13.6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 In some cases, you can end your contract with us:
- a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 12;
- b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
- c) If you are a consumer and have just changed your mind about the product, see Clause 8.3. 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 will have to pay the costs of return of any goods;
- d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clauses 8.6 and 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- a) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- b) There is a risk that supply of the products may be significantly delayed because of events outside our control; or
- c) You have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). As a consumer, for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to does not apply in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. If you break the seal of, or open any packaging of any products then you will not be able to return them within the cooling off period.
8.5 How long do consumers have to change their minds?
- a)For Single Purchase Orders, you have 14 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 14 days after the day you (or someone you nominate) receives the last delivery;
- b)For Subscriptions, you are entering into a fixed contract for the Initial Term. You have 14 days after the day we email to confirm we accept your Subscription. However, once we have sent to you the first product(s) ordered within your Subscription, you cannot change your mind, even if the period is still running. If you cancel after we have delivered a product to you under your Subscription, you must still pay for the Initial Term (see Clause 8.7 in regards to renewals) and you will still receive the products ordered to be delivered within the Initial Term.
8.6 Ending the contract where we are not at fault and there is no right to change your mind for Single Purchase Orders. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you may still be able end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their 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.
8.7 Ending the contract where we are not at fault and there is no right to change your mind for Subscriptions. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you may still be able to end the contract before it is completed. A Subscription is completed once we have provided products required under the Subscription. If you want to end the contract, just contact us and let us know. Provided you contact us at least 30 days before the expiry of the Initial Term, the contract will end upon expiry of the Initial Term. If you contact us after the expiry of the initial Term, the contract will not end until 1 calendar month after the day on which you contact us. For example:
- a) During the initial Term. If you contact us least 30 days prior the expiry of the Initial Term, the contract will end at the expiry of the Initial Term;
- b) During a Monthly Term. If you contact us for example on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Emailing us at firstname.lastname@example.org;
- Writing to us. Print off the form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The PharmaCBD Limited, C/O Blick Rothenberg Limited, 1st Floor, 7-10 Chandos Street, London W1G 9DQ United Kingdom. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- a) if the products are faulty or misdescribed; or
- b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
- b) you do not, within a reasonable time, allow us to deliver the products to you; or
- c) you do not provide us with proof of age if requested to do so by us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us using any of the contact information set out in Clause 2.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
12.1 We are under a legal duty to supply products that are in conformity with this contract. This means that the products must match their description and be of satisfactory quality and fit for their purpose. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.2 Your obligation to return rejected products. You may have a right to reject products if they do not confirm to contract as stated within Clause 12.1. Time limits apply as to when you can reject goods and any remedy due to you as a result will depend on when you reject them. We may offer to repair or replace defective products or offer a partial refund. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If you are rejecting goods you must post them back to us. We will pay the costs of postage if, upon receipt of the goods, it is accepted that they did not conform to contact at the time of purchase.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT) 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 13.3 for what happens if we discover an error in the price of the product you order.
13.2 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.
13.3 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.
13.4 When you must pay and how you must pay. Methods of payment are set out on the website:
- a)Single Purchase Orders must be paid for at the time of submitting your order.
- b)Subscriptions. The first payment due under the Subscription will be deducted immediately from your method of payment (debit or credit card). The monthly subscription fee for your products(s) will then be charged to your method of payment monthly thereafter until you or we end the contract. For example, if your subscriptions starts on 4th February, the first payment will be deducted on 4th February and then on the 4th day of each month thereafter.
13.5 We reserve the right to increase the Subscription fee (and/or the cost of the products due to be delivered to you under your Subscription) upon our giving to you in writing at least 28 days’ notice prior to a renewal of the Monthly Term.
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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 as summarised at Clause 12.1.
14.3 We cannot be held liable or responsible for any damage or injury to persons or property caused by improper or irresponsible use of our products or use of our products other than their intended use and/or in accordance with the products guidelines.
14.4 We are not liable for business losses. We only supply the products for to you for domestic and private use. You must not use the products for any commercial, business or re-sale purpose. We will therefore not be responsible to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect, consequential or any other loss arising under or in connection with any contract between us.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy and Cookies Policy.
16. REWARD POINTS ACCOUNT AND DISCOUNTS/OFFERS
16.1 You may register for our reward points if you open an account with us.
16.2 Reward points are only available for such periods, and for such discounts as stated on the website.
16.3 Reward points equal pence (as set out on the website) and can only be used against the purchase of our products on our website.
16.4 Reward points cannot be redeemed for cash and have no other value other than a credit towards purchases on our website.
16.5 Reward points cannot be transferred to any other person’s account, or used in conjunction with other special offers or discounts.
16.6 Reward points cannot be used in conjunction with any offers or other discount codes.
16.7 Reward points and any discount codes or promotional offers cannot be used on monthly subscription purchase orders.
16.8 Only one promotional offer, or discount code can be used in any single transaction.16.96 If you close your account, all reward points held therein will be lost.
16.10 We reserve the right to change or remove the rewards points programme upon the giving of at least 28 days’ notice.
16.11 Any discounts or promotional offers will be available for the time and period stated on the Site, and for any specific purchases referred to on the Site, can only be used in a single transaction and cannot be used in conjunction with any other offer or promotion, and can be withdrawn at any time without notice (even during a period for which the offer or promotion was originally stated).
17. ADDITIONAL TERMS FOR GOODS TO BE DELIVERED OUTSIDE OF THE UK
17.1 The timing and the cost of delivery will be as shown on the website (or during the check-out process).
17.2 You are responsible for payment of any import tax, local duties or any other payments that may be payable upon import and/or delivery of the product.
17.3 It is your sole responsibility to ensure that the product can be legally imported into the county of delivery.
17.4 The product will be deemed delivered if, for any reason, it is seized by any import or other government body for any reason, including (but not limited to) illegality or the non-payment of import or any other tax or duties.
17.5 You will be responsible for paying any duties or tax payable on the Product if, after a failed delivery, they are delivered back to the UK or if you return a product to us.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 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.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
|To:||The PharmaCBD Limited
C/O Blick Rothenberg Limited,
1st Floor, 7-10 Chandos Street
London W1G 9DQ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]:
Received on [*]:
Signature (only if this form is notified on paper):
[*] Delete as appropriate