Terms and conditions of sale
1. Introduction
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).
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Link Nutrition Ltd; 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: 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 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 of receipt of the order; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing and confirming the order details prior to submitting the order.
4. Products
4.1 The following types of products are or may be available on our website from time to time: Food supplements.
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.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
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 any other permitted methods specified on our website from time to time.
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 and/or by written notice to you at any time cancel the contract of sale for the products.
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 30.00 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.
6.5 You may request that a formal invoice be made out to you for the products you have ordered. You will be able to access the invoice on your account upon making payment of the ordered products.
7. Deliveries
7.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation; however, we do not guarantee delivery by this date.
7.3 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 10 days following the later of receipt of payment or the date of the order confirmation.
7.4 We will only deliver products to addresses on the UK mainland, in the member countries of the European Union and select non-EU countries determined at our own discretion.
7.5 It is explicitly agreed, and a prerequisite for the delivery of products outside the territory of the UK, that if products are ordered for delivery outside the UK, you are responsible yourself for importing the goods, paying any additional costs incurred (such as, without limitation, any import duties and sales tax) and ensuring that the products may be legally imported into the country of delivery. Any liability on our part in the event of a confiscation or seizure or destruction of goods by the customs or any other authority of the country of delivery or a transit country is expressly excluded to the fullest extent permitted by law.
8. Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them.
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the contact page available to you on our website. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to Link Nutrition Ltd, 146 Buckingham Palace Road, London, SW1W 9TR, UK) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 Due to health protection and hygiene reasons the products (food supplements) are supplied in sealed packaging. The right under this Section 8 to cancel a contract and return the products that have already been shipped and delivered to you can therefore only be exercised and you are entitled to the refund only if the products have not been unsealed or opened by you and are in perfect condition.
8.6 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are at least 18 years old and 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 in accordance with these terms and conditions.
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy (subject to Section 7.5 of these terms and conditions);
(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.
9.3 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 10.1, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) 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.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 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.
10.5 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 limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed and is strictly limited to the total amount paid or payable to us under the contract.
11. Order cancellation
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3 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, ingredients, packaging materials or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
12. Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.5, 10, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
13. Subscription to customizable monthly delivery of products
13.1 You will have the possibility to enrol in a customizable monthly delivery of products. Through your subscription you will receive the type and quantity of products you have subscribed to on a monthly basis, that is every 4 (four) calendar weeks. As long as you do not update your selected subscription for a particular month or cancel your subscription, we will send you the same shipment as we sent the previous month, subject to availability.
13.2 A 10% bundle discount on the regular product prices is granted for customized monthly deliveries if and as long as the customized deliveries reach a minimum monthly value of £50.00 (before shipping charges).
14. Link Nutrition Ltd Website – Terms and Conditions of Use
14.1 Introduction
14.1.1 These terms and conditions govern your use of our website.
14.1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part thereof, you must not use our website.
14.1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
14.1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
14.1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
14.2. Copyright notice
14.2.1 Copyright (c) 2018 Link Nutrition Ltd.
14.2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
14.3. Licence to use website
14.3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
14.3.2 Except as expressly permitted by Section 14.3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
14.3.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
14.3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
14.3.5 You may not unless and to the extent otherwise specifically authorised by us previously:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
14.3.6 Notwithstanding Section 14.3.5, you may redistribute our newsletter in print and electronic form to any person or share the blog on social media.
14.3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
14.4. Acceptable use
14.4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
14.4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
14.4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
14.5. Registration and accounts
14.5.1 To be eligible for an individual account on our website under this Section 14.5, you must be at least 18 years of age and resident in any of the countries to which we deliver products in accordance with Section 7.5 hereof.
14.5.2 You may register for an account with our website by completing and submitting the account registration form on our website. You will then receive an email confirming the completion of your account registration.
14.5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
14.5.4 You must not use any other person's account to access the website, unless you have that person's express prior permission to do so.
14.6. User IDs and passwords
14.6.1 If you register for an account with our website, you will be asked to choose a user ID (email) and password.
14.6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 14.9; you must not use your account or user ID for or in connection with the impersonation of any person.
14.6.3 You must keep your password confidential.
14.6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
14.6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
14.7. Cancellation and suspension of account
14.7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
14.7.2 You may cancel your account on our website using your account management panel on the website.
14.8. Your content: licence
14.8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
14.8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
14.8.3 You grant to us the right to sub-license the rights licensed under Section 14.8.2.
14.8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 14.8.2.
14.8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
14.8.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
14.9. Your content: rules
14.9.1 You warrant and represent that your content will comply with these terms and conditions.
14.9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
14.9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
14.10 Report abuse
14.10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
14.10.2 You can let us know by email at our address hello@linknutrition.com.
14.11. Limited warranties
14.11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
14.11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
14.11.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
14.12. Limitations and exclusions of liability
14.12.1 The use of our website is subject to the limitations and exclusions of liability provided for under Sections 10.1 to 10.6 and under the following Sections 14.12.2 to 14.12.4.
14.12.2 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
14.12.3 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.12.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.13. Breaches of these terms and conditions of use of our website
14.13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.14. Third party websites
14.14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
14.14.2 We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.15. Variation
14.15.1 We may revise these terms and conditions of use under the Sections 14.1 to 14.15 from time to time.
14.15.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 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).
16. Variation
16.1 We may revise and modify these terms and conditions from time to time by publishing a new version on our website.
16.2 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.
17. Assignment
17.1 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.
17.2 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.
18. No waivers
18.1 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.
18.2 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 breach of that provision or any other provision of that contract.
19. Severability
19.1 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 full force and effect.
19.2 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 full force and effect.
20. Third party rights
20.1 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.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 These terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law to the exclusion of its rules and provisions on the conflict of laws.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England except that we reserve the right to initiate any legal proceedings or enforcement proceedings against you before the courts having jurisdiction at your place of residence.
23. Statutory and regulatory disclosures
23.1 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.
23.2 These terms and conditions are available in the English language only.
23.3 Our VAT number is 130945916.
24. Medical
Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in our website, blog or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem of any kind, you should always tell your general practitioner. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our products. If you experience an adverse reaction, stop taking our products and seek medical advice.
25. Our details
25.1 This website is owned and operated by Link Nutrition Ltd.
25.2 We are registered in England and Wales under registration number 07738279, and our registered office is at 146 Buckingham Palace Road, London, SW1W 9TR, UK.
25.3 Our principal place of business is at our registered office address indicated at Section 22.2 above.
25.4 You can contact us by writing to the address given above, by using our website contact page or by email to the email address given on our website from time to time.
Promotions:
Trust Pilot - Prize Draw Entry
Please read these terms and conditions carefully. By entering into this Competition ("Promotion"), you agree that you have read these terms and that you agree to them. Failure to comply with these terms and conditions may result in your disqualification from the Promotion.
These standard terms and conditions are subject to any other terms and conditions provided to you or to which you are referred to at the time of entering the Competition.
