1.1 These are the terms and conditions on which we supply products to you, whether these are goods or services (“Products”).
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the 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 IMPORTANT INFORMATION: Our website and the Products are designed for e-commerce purposes only. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always speak to your doctor.
You acknowledge and agree that:
(a) you will carefully read all information about the use of the Products on the packaging and package insert prior to use;
(b) you are competent to use the Product;
(c) you will ensure that you purchase the correct Product
(d) all information that you provide to us is truthful and accurate; and
(e) you will consult your doctor if you have any concerns about the use of the Product.
2.1 We are AJ HEALTH LTD, a companyregistered in England and Wales. Our company registration number is 12210395nd our registered office is at 41 Great Portland Street, London, UnitedKingdom, W1W 7LA.
2.2 You can contact us by telephoning our customer service team at +44 203 872 1905 or by writing to us at www.fivaday.com/contact or 41 Great Portland Street, London, United Kingdom, W1W 7LA.
2.3 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 When we use the words "writing"or "written" in these terms, this includes emails.
3.1 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 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 of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.3 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.
4.1 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. The packaging of the Product may vary from that shown in images on our website.
4.2 Our charges for the Products are set out on our website.
4.3 You acknowledge that all Intellectual Property Rights in or arising out of or in connection with the goods and services shall be owned by us, including, but not limited to, our downloadable products such as recipes and prescription packs.
“Intellectual Property Rights” shall mean patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Please contact us if you wish to make a change to the Product you have ordered. 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause 8 of these terms.
6.1 We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor improvements.
6.2 We may change these terms at any time, so please do not assume that the same terms will apply to future orders or delivery requests. We reserve the right to:
(a) modify or withdraw, temporarily or permanently, our website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; or
(b) change these terms from time to time.
6.3 You will be deemed to have accepted such changes if you continue to use our website (or any part of it) or you continue to place orders or delivery requests after any such changes.
6.4 It is your responsibility to check regularly to determine whether these terms have been changed. If you do not agree to any change of these terms, then you must immediately stop using our website.
7.1 The costs of delivery will be as displayed to you on our website.
7.2 During the order process we will let you know when we will provide the Products to you. If the Products are on going services, we will also tell you during the order process when and how you can end the contract.
7.3 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.
7.4 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 depot.
7.5 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 storage costs and 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.
7.6 A Product will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us
7.7 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. 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.
7.8 We may have to suspend the supply of a Product to:
(a) deal with technical Problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product as requested by you or notified by us to you in accordance with clause 6 of these terms. 7.9
7.9 We will contact you in advance to tell you we will be suspending supply of the Product unless the problem is urgent oran emergency. If we have to suspend the Product for longer than 4 weeks, 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 4 weeks and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
8.1 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 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 a service re-performed or to get some or all of your money back); or
(b) 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 return of any goods.
8.2 You may end the contract and be entitled to a refund in full for any Products that you have not been provided if either:
(a) we have told you about a significant error in the price or description of the Product you have ordered and you do not wish to proceed; or
(b) we have suspended the supply of the Products for technical reasons or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer, then you may have a legal right to change your mind within 14 days and receive a refund. The returned Products must be new and unused, without any marks and in the original wrapping and packaging. Upon examination of the returned Products, we will credit your bank account, minus an administration fee. We reserve the right to refuse a return if any of the Products (which are goods) have been opened or are marked or damaged in any way. After 14 days, we may accept returns in exchange for credit at our discretion.
8.4 You do not have a right to change your mind in respect of:
(a) Our downloadable products, even if the cancellation period is still running;
(b) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(c) any Products which become mixed inseparably with other items after their delivery.
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 203 872 1905 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form www.fivaday.com/contact on our website.
9.2 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. Please call customer services on +44 203 872 1905 or email us at email@example.com for a return label or to arrange collection. 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 We will pay the costs of return if the Products are faulty or misdescribed. In all other circumstances (including where you area consumer exercising your right to change your mind) you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
9.5 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.
9.6 If you are a consumer exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them. If we refund you the price paid before we can inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 If you are a consumer exercising your right to change your mind and we have not offered to collect them, 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.
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 7 days of us reminding you that payment 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; or
(c) you do not, within a reasonable time, allow us to deliver the Products to you.
10.2 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 the Products that 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.
11.1 If you have any questions or complaints about the Product, please contact us. You can:
(a) telephone our customer service team at +44 203 872 1905;
(b) write to us at firstname.lastname@example.org or 41 Great PortlandStreet, London, United Kingdom, W1W 7LA.
11.2 We are under a legal duty to supply the Products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.1 The price of the Products (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 12.3 for what happens if we discover an error in the price of the Product that you order.
12.2 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.
12.3 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 Products provided to you.
12.4 We accept payment via Stripe and PayPal.
12.5 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 5% a year above the base lending rate of Barclays Bank Plc 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.
12.6 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.1 If we fail to comply with these terms, 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.
13.2 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; and for defective products under the Consumer Protection Act 1987.
13.3 We only supply the Products for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 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.
15.5 These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.