Terms And Conditions
TERMS AND CONDITIONS
1. THESE TERMS AND CONDITIONS
These are the terms and conditions (“Terms”) you are agreeing to when you use and purchase products from the www.femal.co.uk website (“Website”), which is owned and provided by Shionogi B.V. (“we”, “our”, “us”). These Terms explain who we are, how we will provide products to you, how we both may change or end the contract, what to do if there is a problem and other important information.
We advise you to consult these Terms regularly as they made be modified from time to time without notice.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
This Website is owned and operated by Shionogi B.V. (“Shionogi”, “we”, “our”, “us”). We are a private limited liability company formed under Dutch law. We are registered with the Trade Register of the Dutch Chamber of Commerce under number 73229180 and our registered address is Kingsfordweg 151, 1043GR, Amsterdam, the Netherlands. Our VAT number is NL859411011B01. We have a UK establishment office registered in England and Wales under number BR020960, and its registered address is at 33 Kingsway, London, WC2B 6UF
If you need any information, or have queries or concerns about:
- the Terms and the Website – send an email to us at email@example.com, or write to us at 33 Kingsway, London, WC2B 6UF, United Kingdom.
- damaged, faulty or misdescribed product – send an email to firstname.lastname@example.org.
- you are experiencing untoward side effects – send an email to email@example.com.
- shipping or delivery – send an email to firstname.lastname@example.org.
If necessary, you will be contacted by telephone, e-mail or post using the details you provided to us in your order.
3. FOR UK CONSUMERS ONLY
The information and products on this Website are directed solely at consumers who access this Website from the United Kingdom (“you”, “your”). We only accept orders from and dispatch orders to addresses in the United Kingdom.
We do not represent that the information or the products available on or through the Website are appropriate for use or available outside the United Kingdom. Other countries may have laws, regulatory requirements and healthcare practices that differ from those in the United Kingdom. So if you choose to access the Website from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
4. REGISTRATION FOR AN ACCOUNT
When visiting the Website, you may be asked if you wish to register for an account. We are not under any obligation to accept a registration request and reserve the right to suspend or terminate access at any time if your continued use is believe to prejudice us or other users.
By registering, you confirm the information you provide through the registration process is true, accurate and complete in all respects. You agree to update your registration details and preferences promptly on your online account if they change. You are responsible for keeping your username and password confidential and for ensuring they are not used by any other person.
5. ORDERING PRODUCTS
Our online store is hosted by Shopify Inc. who provide us with the e-commerce platform which allows us to sell our products to you. You may order products from the Website by submitting a completed order form through the check-out procedure. We will then validate your order and the payment details you submit and send an acknowledgement email. We will confirm acceptance of your order once the product has been dispatched by sending you an e-mail, at which point a contract will come into existence between us. We will assign an order number to your order and let you know what it is. If we are unable to accept your order, we will let you know and will not charge you.
We reserve the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. If any products are not available and you paid using a debit or credit card you will not be charged for the cancelled items.
6. PRICE AND PAYMENT
The price of the products will be the price indicated on the order page at the time you place your order. The product price will include any applicable value added tax, but will exclude packing and shipping charges. We take care to ensure the price advised to you is correct, however occasionally there may be an error. We verify pricing prior to dispatching product to you. If the correct price is lower than that on the Website at the time you place your order, we will charge you the lower price. If the correct price is higher than that on the Website, we will contact you for instructions using the information provided on your order and give you the choice of cancelling your order or paying the correct price.
We accept payment by most major credit or debit cards. Payment will be debited from your account when your order is placed. All orders are subject to validation checks and authorisation by the card issuer. In providing payment card details, you confirm that you are authorised to use the card and authorise us or our payment service provider to take payment in full for your order.
7. PROMOTIONAL CODES
Promotional codes cannot be used on discounted products, nor in conjunction with any other voucher, discount code or delivery promotion. Some promotional codes may only be valid for one redemption per customer. No cash alternatives are available. If you are using a threshold promotional code that takes off a percentage or amount from your order, you will be charged full price if the total goes below this threshold in the case of a cancelled item or order.
8. POSTAGE AND PACKING
Postage and packing costs will depend on the total cost of items you order and the delivery options you choose. The postage and packing charges you will pay, if any, will be displayed on screen before you confirm your order to us.
9. DELIVERY OF PRODUCT
We aim to dispatch orders within one business day to the address provided by you in your order. Delivery timescales are estimates only. If you do not receive your order within five business days of us confirming your order, please send an email to email@example.com and they will investigate. Orders will not be dispatched or delivered on bank holidays.
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.
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 for 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 13 will apply.
You should check the contents of each delivery promptly upon receipt. If you believe that items have been sent to you in error, you should email firstname.lastname@example.org immediately.
10. CANCELLATION RIGHTS AND DAMAGED OR FAULTY PRODUCT
You have a statutory ‘cooling-off’ right which entitles you to cancel your order within 14 days of receipt of the products in your order (certain exceptions apply). You also have rights in respect of items that are delivered damaged or are faulty. Details of these rights and how to exercise these rights are set out in our Returns Policy.
11. YOUR RIGHTS TO END THE CONTRACT
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:
(a) If the product is faulty or misdescribed, you may have a legal right to end the contract (or to get the product replaced or 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 below.
(c) If you have just changed your mind about the product. 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 returning the product.
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 (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these Terms which you do not agree to;
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended (or notify you that we will suspend) supply of the products for technical reasons for a period of more than 3 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013)
You have a legal right to change your mind within 14 days of receiving the product and receive a refund. This is unless:
(i) your products are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products.
(ii) your products are for regular delivery over a set period (e.g. 3 months). In this case you have until 14 days after the day you receive the first delivery of the products.
You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
12. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the contract with us, please let us know by emailing email@example.com. An example email is set out in Annex 1. You must return the product to us as set out below.
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 by post. Please provide your name, delivery address and order details – an example email is set out in Annex 1.
Please repackage the product carefully, include the completed returns form, and post it back to us at the return address we will email to you.
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.
We will pay the costs of return if:
(a) the products are faulty or misdescribed;
(b) 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; or
(c) you are exercising your right to change your mind.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you
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.
Deductions from refunds if you are 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 product 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.
When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) 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.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
13. OUR RIGHTS TO END THE CONTRACT
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;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (e.g. correct delivery information); or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
14. WHO TO CONTACT IF THERE IS A PROBLEM WITH THE PRODUCT
- Product is damaged, faulty or misdescribed
If the product you receive is faulty, damaged of misdescribed, please email firstname.lastname@example.org and we will do our best to resolve the issue for you.
- You are experiencing untoward side effects
If you have taken the product and you are experiencing untoward side effects, please get in touch to let us know so that we can do our best to assist you. Please email the details to email@example.com.
15. INFORMATION ON THE WEBSITE
- Information about food supplements and health conditions
This Website contains information relating to food supplement products and the menopause. Such information is provided for general information purposes only. It is not intended to be a substitute for informed medical advice provided by your own doctor or qualified healthcare professional and should not be used to diagnose any symptoms you may be experiencing.
Any information provided on this Website is followed or acted upon entirely at your own risk and we are not liable for any information or actions you choose to take in reliance on such information.
We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date and to the maximum extent permitted by law, we exclude all liability and responsibility arising from any reliance placed on the information on the website by any visitor to the Website, or by anyone who might be informed by its content.
- Product Images
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. The packaging may vary slightly from that shown in the images on our Website. If you are not satisfied with the product for any reason, we offer a returns policy.
- User comments on the Website
This Website may include information, questions, comments, experiences shared by other users of the Website and other purchasers of products from the Website. This content has not been verified or approved by us and the views expressed by other users of our Website do not represent our views or values. The content of all posts on the Website will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information.
We have the right to remove any posting made on the Website if, in our opinion, we consider the post inappropriate. We also have the right to disclose your identity to any third party who is claiming that any content posted by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. If you wish to complain about information and materials uploaded by other users please contact us at: firstname.lastname@example.org.
16. INTELLECTUAL PROPERTY RIGHTS
This Website, materials and software on it or provided to you are protected by copyright, trademarks, other proprietary notices and other laws of the UK and foreign countries. Nothing contained in this Website shall be construed as conferring any licence or right to any intellectual property, and the use or misuse of our intellectual property, except as permitted herein, is expressly prohibited.
You may read, print, download and copy the material on this Website for your personal and non-commercial use, provided you acknowledge the Website as the source of the material and include the copyright statement “© Shionogi B.V., all rights reserved”. Unless specifically indicated, no other use of the material or software is permitted. You must not use the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
17. ACCEPTABLE USE
By using the Website you acknowledge that we are not responsible and will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website through your internet connection or to your downloading of any content on it, or on any website linked to it.
By using the Website you agree not to do the following without our express written consent:
- use the Website (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
- collect any information or data from the Website or our systems;
- change or delete any ownership notices from materials downloaded or printed from the Website; or
- act fraudulently or maliciously, or circumvent or modify any Website security technology or software.
18. AVAILABILITY OF WEBSITE
We do not guarantee that the Website, 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 Website for business or operational reasons. We are not liable for any modification to, or suspension or interruption of the Website.
19. LINKS TO THIRD PARTY WEBSITES
20. LINKING TO THIS WEBSITE
Third party websites may contain a link to our Website, but a link to our homepage must not be installed without our prior written consent. If consent is given, any link must be presented in such a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. We do not review, control, approve, nor are responsible for any content, advertising, products or other materials available or accessible via those sites.
21. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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).
We do not exclude or limit 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 and for fraud or fraudulent misrepresentation for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We may transfer our rights and obligations under these Terms to another organisation in our group. We will ensure that the transfer will not affect your rights under the contract.
If any provision of these Terms is held to be unlawful, void or unenforceable, then such provision shall be deemed severable without affecting the enforceability of the remaining provisions.
24. GOVERNING LAW AND JURISDICTION
Any contract between us, whether for use of the Website or in relation to the purchase of products through the Website, will be governed by English law. Any claims arising from or related the use of our Website are subject to the exclusive jurisdiction of the English courts. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Annex 1: Model Cancellation Email Text
To: Shionogi B.V, 33 Kingsway, London, WC2B 6UF, email@example.com
I [insert name] hereby give notice that I cancel our contract of sale for Femal as detailed below:
Ordered on [insert]/received on: [insert]
Name of consumer: [insert]
Address of consumer: [insert]
Signature of consumer: _____________________________(only if this form is notified on paper)