Terms & Conditions

TERMS AND CONDITIONS FOR THE SALE OF GOODS/RETURNS & RIGHTS TO CANCEL

 

1. Definitions

"Buyer" - the person who buys or agrees to buy the goods from the Seller.

"Conditions" - the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

"Goods" - the articles which the Buyer agrees to buy from the Seller.

"Price" - the price for the Goods, and any carriage, packaging and insurance costs.

"Seller" - Totally Organic, 5 Weybrook Drive, Guildford, Surrey GU4 7FB

 

2. Conditions

2.1  These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2  All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.   

2.3  Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4  These Conditions may not be varied except by the written agreement by the Seller. 

2.5  These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

 

3. Price

The Price shall be the price quoted on the Seller’s confirmation of order.  

3.1 Discount codes can be used against full price items only.  

 

4. Payment

Payment of the Goods shall be due immediately upon completion of the order via the website or telephone. Payment will be taken by PayPal or similar card processing technology or manually if the telephone order.

 

5. Goods

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

 

6. Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.  [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].

 

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2  The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

7.3  The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4  If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

 

8. Your rights to cancel under the Distance Selling Regulations

8.1  You have the right to cancel the purchase of the Goods without having to give a reason at any time within the "cooling off period" of seven working days, beginning on the day after you receive the goods.

8.2  If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract. 

8.3  Missing consignments and incorrect orders must be reported to the Seller within 14 days of the notified shipping date.  

8.4  You must go to the Returns section of our website and enter the appropriate information whereby our system will generate a RMA number that will enable you to return the goods.

8.5 We reserve the right to make a charge (not exceeding our direct costs) for recovering the goods if you do not return the goods or return them at our expense.

8.6 Once we have received the returned goods (in an unused, undamaged, re-saleable condition), any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of receiving the returned goods.  

 

9. Notices

All notices you send us must be sent to customer.services@totallyorganic.co.uk. We may give notice to you at either the email or postal address you provide to us when making a purchase. [Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.] In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and in the case of an email that the email was sent to the specified email address of the addressee.

 

10. Marketing

By registering with Totally Organic you agree to receiving marketing material in the form of e-mail, posted leaflets or text messages.  You may unsubscribe from these notifications at any time by e-mailing customer.services@totallyorganic.co.uk.  

10.1 We reserve the right to withdraw promotions at any time.  

 

11. Conclusion

These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland. 

 

 

E&OE. July 2015